Legal and Legislative Issues

Chapter 5—Legal and Legislative Issues

  1. Define civil law and what is involved in civil cases
  2. What are the reasons that nurses are at increased risk for legal liability in nursing practice?
  3. What does the term Standard of Care mean in nursing? Why is this so important?
  4. Define malpractice and the term professional negligence (the 5 criteria needed to fulfill this definition)….provide examples of each criteria to deepen your understanding
  5. What does the term “under ordinary circumstances” means as it relates to professional negligence?
  6. Define these legal terms that are pertinent to nursing practice—be sure you can relate these term to nursing practice
    1. Stare decisis
    2. Liability
    3. tort
    4. respondeat superior
    5. vicarious liability
    6. product liability
    7. res ipsa loquitur
  7. Define intentional torts and give as many examples as you can related to nursing practice
  8. What are some common reasons nurses are sued (claims filed against them)
  9. BON—Board of Nursing—what is their responsibility to the public?
  10. Define the Nurse Practice Act and its role in your ability to practice nursing?
  11. Define, compare and contrast the three forms of consent:
    1. Informed consent
    2. Implied consent
    3. Express consent
  12. What is HIPAA and what is its importance to healthcare/your nursing practice?
  13. What are the parameters of Good Samaritan Immunity?
  14. Describe the Patient Self-Determination Act (PSDA) of 1991 and how it changed healthcare
  15. List the common causes of nursing license revocation

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