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LEGAL ASPECTS OF NURSING
HESI HINTS
25
Nursing
Not Applicable
08/14/2009

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Cards

Term
What types of procedures should be assigned to progessional nurses?
Definition
Sterile or invasive procedures
Term
Negligences is measured by reasonableness. What question might the nurse ask when determining such reasonableness?
Definition
Would a reasonable and prudent nurse act in the same manner under the same circumstances?
Term
List the four elements that are necessary to prove negligence.
Definition
Duty: failure to protect client aganist unreasonable risk. Breach of Duty: Failure to perform according to established standard. Casusation: a connect exists btwn conduct of the nurse and the resulting damage. Damages: damage is done to the client physical or mental
Term
Define an intentional tort, and give one example.
Definition
Conduct causing damage to another person in a willful or intentional way without just cause. Example: hitting a client out of anger, not in a manner of self-protection
Term
Differentiate btwn voluntary and involuntary admission
Definition
Voluntary: client admits self to an institution for treatment and retains his or her civil rights; he or she may leave at any time.
Involuntary: someone other than client applies for the clients admission to an institution (a relative, friend, or the state); requires certification by one or two HCP or physicians that the person is a danger to self or others, the person has a right to a legal hearing (habeas corpus) to try to be released, and the court determines the justification for holding the person
Term
List five activities a person who is declared incompetent cannot perform
Definition
Vote, make contracts or wills, drives a car, sue or be sued, hold a professional license
Term
Name three legal requirements of a surgical permit
Definition
Voluntary informed written
Term
Who may give consent for medical treatment
Definition
Alert, coherent, or otherwise competent adults; a parent or legal guardian; a person in loco parentis or minors or incompetent adults
Term
What law protects the nurse who provides care or gives aid in an emergency situation?
Definition
The Good Samaritan Act
Term
What actions should the nurse take if he or she questions a health care providers or physicians prescription, EX: believes the prescription is wrong?
Definition
Infor the HCP or physician; record that the hcp or physician was informed and HCP or physicians response to such information; inform the nursing supervisor; refuse to carry out the prescription
Term
Describe the nurses legal responsibility when asked to perform a task for which he or she is unprepared.
Definition
Inform the HCP or physician or person asking the nurse to perform the task that he or she is unprepared to carry out the task; refuse to perform the task
Term
Describe nursing care of the restrained client.
Definition
Apply restraints properly; check restraints frequently to see that they are not causing injury and record such monitoring; remove restraints as soon as possible; use restraints only as a last resort
Term
Describe six pt rights guaranteed under HIPPA regulations that nurses must be aware of in practice.
Definition
A pt must given written consent before HCP can use or disclose personal health info; HCP and physciansw must give pts notice about providers responsibilities regarding pt confidentiality; pts must have access to their medical records; providers who restrict access must explain why and must offer pts description of the complaint process; pts have the right to request that changes be made in their medical records to correct inaccuracies; hcp must follow specific tracking procedures for any disclosures made that ensure accountablity for maintenance of pt confidentiality; pts have the right to request that hcp and physicians restrict the use and disclosure of their personal health info, though the provider may decline to do so.
Term
By what authority may RN delegate nursing care to others?
Definition
State nurse practice Act
Term
A UAP may perform care that falls within which component of the nursing process?
Definition
Implementation
Term
Which type of communication skills is necessary to implement a demorcratic leadership style?
Definition
Assertive communication skills
Term
What are the five rights of delegation
Definition
Right task, right circumstance, right person, right direction or communication, and right supervision
Term
What tasks can be delegated to a UAP?
A. inserting a foley cath
B. mesuring and recording the clients output through a foley cath
C. Teaching a client how to care for a cath after discharge?
D. Assessing for symptoms of a UTI.
Definition
A. Insert foley: is a sterile invasice procedure and should not be delegated to a UAP.
B. Falls within the implementation phase of nursing process and does not require nursing judgment. evaluation of the I&O must be done by nurse.
C. Client teaching requires the abilities of a nurse and should not be delegated. the UAP may be instructed to report anyuthign unusual that is observed and any symptoms reported by the client, but this does not replace assessment by the nurse.
D. Assessment must be performed by the nurse, and should not be delegated, The UAP may be instructed to report anythign unusual that is observed, or any symptoms reported by the client, but this does not replace assessment by the nurse
Term
What are the essential steps of effective supervision?
Definition
Direction, Evaluation and Follow-Up
Term
Which of the following is an example of effective supervision?
A. "You need to improve the way you spend your time so that all of your care gets performed." OR
B. "I've noticed that many of your clients did not get their care today."
Definition
EXAMPLES:
A. This is an aggressive communication, which causes anger, hostility, and a defensive attitude.
B. Assertive communication begins with "I" rather than "you" and clearly states the problem.
Term
List the three levels of diaster management.
Definition
Disaster preparedness, disaster response, disaster recovery
Term
List examples of the three levels of prevention in disaster management.
Definition
Primary: develop plan, train and educate personnel and public
Secondary: triage, treatment-shelter supervision
Tertiary: follow up, recovery assistance, prevention of future disasters
Term
Define Triage
Definition
To sort or categorize
Term
Identify three bioterrorism agents.
Definition
Anthrax, pneumonic plague, botulism, smallpox, inhalation tularemia, viral hemorrhage fever, ricin, sarin, radiation
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