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A comprehensive set of questions and answers related to legal issues in nursing practice. It covers various topics, including types of law, standards of care, torts, negligence, malpractice, hipaa, and nurse licensure. Designed to help nursing students understand and apply legal principles to their practice.
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what are the three types of law correct answer: statutory, regulatory, common what are the two types of statutory law correct answer: criminal law and civil law what are the type of criminal law correct answer: felony and misdemeanor what is a felony correct answer: more serious, more than 1 year sentence, serve time in state or federal facility what is a misdimeanor correct answer: less offense punishable by fine or incarceration in local or county jail what is criminal law correct answer: prevents harm to society and protects the people what is civil law correct answer: protects the rights of individuals and fair treatment how is civil law usually punishable correct answer: no jail time, usually a fine what is regulatory law correct answer: regulatory bodies like FDA create rules or regulations that eventually become law
what is common law correct answer: unwritten but passed down through court system until overturned example of common law correct answer: pts have the right to refuse care what are standards of care correct answer: legal guidelines for nursing practice and provide minimal acceptable nursing care is ignorance of the law a defense in malpractice correct answer: never how does a lawsuit proceed if a nursing negligence lawsuit is filed correct answer: jury uses standards of care and holds nurses to other nurses in her setting what is a tort correct answer: civil wrong against a person are torts usually criminal or non criminal correct answer: noncriminal what are the two kinds of torts correct answer: intentional and unintentional what is an intentional tort correct answer: a willful act that violates another person's rights how are intentional torts usually punished correct answer: no jail time but remedied through fines
what is malpractice correct answer: professional negligence; failure of a person with specialized education and training to act ina reasonable and prudent manner what are the four elements a plaintiff must prove for a trial for professional torts correct answer: 1. nurse owed duty to injured patient
NCSBN recognize specific nurse behaviors that indicate a potential for professional boundary violations such as correct answer: -engaging in excessive self-disclosure of personal info -keeping secrets with a pt -spending excessive amounts of time with 1 pt -acting as if a pt is a close personal friend -failing to protect the pt from inappropriate sexual involvement with the nurse what must documentation must be correct answer: accurate and timely can student nurses witness legal documentation correct answer: they can be present but not documented as the legal witness can student nurses administer blood correct answer: no but they can watch can student nurses be held liable for their actions correct answer: YES when would a nurse not be covered by malpractice insurance correct answer: if they don't follow scope of practice HIPPA correct answer: health insurance portability and accountability act what does HIPPA do correct answer: federal statutory act to protect privacy, confidentiality, and security of medical information