Module 1

Types of Law

  • Constitutional: creates legal responsibilities and rights. Foundation for a system of justice. Example: Freedom of Speech

  • Legislation (statutory): passes statutes that define and regulate nursing. Example: Nurse Practice Acts. *Federal vs State Law: Federal Supersedes

  • Administrative: authority to create rules and regulations to enforce statutory laws. Example: State Board of Nursing

  • Common: laws evolving from court decisions. Example: Malpractice

  • Public: relationship between individuals and the government

  • Criminal: actions against safety and welfare of the public. Example: homicide, manslaughter, etc.

  • Private/Civil: relationship among private individuals

  • Contract: enforcement of agreement among private individuals or payment of compensation for failure to fulfill agreements

  • Tort: defines and enforces duties and rights among private individuals, not based on contractual agreement

Stare decisis: to stand by things decided

Respondent Superior: “Let the master answer”

Law and Discovery

  • Discovery: both parties engage in pretrial activities to obtain all of the facts

  • Law: sum of total rules and regulations by which a society is governed

Consents

-Informed: agreement by a client to accept treatment after provided complete info

-Express: oral or written consent

-Implied: nonverbal behavior indicates agreement (Implied in an emergency)

Crime

Act committed in violation of public law, punishable by a fine or imprisonment

Example: Accidental dose of medication causing death would be manslaughter.

Can be intentional or unintentional and still be a crime

Tort

Civil wrong committed against an individual or property

-Negligence: misconduct/practice below expected standards of an individual

-Gross-Negligence: lack of knowledge/skill that would put others at harm

-Malpractice: “professional negligence”, occurs while performing as a professional

Legal Roles

Nurses: provider of services duty to render care, legally responsible

Employer: responsible for employee, nurse still held liable

Client/Citizen: clients and nurses, privilege unless revoked, obligation associated with rights

*Hospital liable for nurses negligence

Client Rights

  • Privacy

  • Autonomy: right to make own decisions

  • Right to Refuse

*Nonmaleficience: right to do no harm

What to do when…?

  • substance abuse in coworker: report immediately

  • violence, abuse, neglect: nurses are mandated reporters and client advocates

  • client unable to make own decisions: PSDA, recognize advance directives

    closest adult relative if status permits. Life threatening: implied consent unless ordered otherwise

  • Principles of delegation: “allowing a delegatee to perform a specific nursing activity, skill, or procedure that is beyond delegatee’s traditional role.”

ANA

American Nurses Association: holds nurses accountable for ethical conduct

9 provisions

ICN Code of ethics: 4 principle ethics :

  1. Nurses and people

  2. Nurses and practice

  3. Nurses and profession

  4. Nurses and coworkers

Bioethical Decision making process: issues of ethics that occur

Moral Principles

  • Autonomy: right to make own decisions

  • Beneficence: “doing good”

  • Justice: fairness

  • Responsibility: blameworthiness and praiseworthiness that one bears for one’s conduct or performance

  • Veracity: telling the truth

  • Accountability: answerable to ones own decisions as measured against a standard

Nursing Values

  • Altruism: concern for welfare and well-being of others

  • Autonomy: self-determination

  • Human Dignity: respect for uniqueness of individuals

  • Integrity: acting in accordance of a code of ethics

  • Social Justice: acting in accordance with fair treatment regardless of economic status, race, etc.

Procedures and Excess Information

-Abortion: nurse has the right to refuse participation, Laws vary in each state

-Advanced Directives:

Living Will: client makes the decisions

Health care proxy: power of attorney

-Autopsy: done with a sudden death or client dies within 48 hours of admission to the hospital

-DNR orders: order is written. Terminal, Irreversible Illness, Expected death.

Client can change their mind

-Standards of Care: skills and learning commonly possessed by members of a profession

Internal: job description, education, expertise

External: practice acts and organizations

-Euthanasia: painlessly putting to death. When disease is incurable or distressing

Only legal in some states

Active: kill them yourself

Passive: withdrawal treatment

-Termination of Life Sustaining Treatment: removal of source keeping the body functioning and alive

-5 Qualities:

  1. Altruism

  2. Autonomy

  3. Human Dignity

  4. Integrity

  5. Social Justice

-health care policy: standards of healthcare put in place by the government

-ADA: Americans with Disabilities Act, protects the disabled. 1990

-HIPAA: 1996, Health Insurance Portability and Accountability Act

-Patient Safety and Quality Act: 2005, patient safety and healthcare quality

-PSDA: patient makes own decisions; autonomy

Chapter 1 and 3 Fundamentals

1: Historical and Contemporary Nursing Practice https://quizlet.com/519846694/chapter-1-flash-cards/

3: Legal Aspects of Nursing https://quizlet.com/530931868/chapter-4-flash-cards/