Page 34 - Essentials of Nursing Leadership and Management, 5th Edition

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chapter3 CikguOnline

Nursing Practice and the Law

OBJECTIVES OUTLINE
After reading this chapter, the student should be able to: General Principles
■ Identify three major sources of laws. Meaning of Law
■ Explain the differences between various types of laws. Sources of Law
■ Differentiate between negligence and malpractice. The Constitution
■ Explain the difference between an intentional and an Statutes
unintentional tort. Administrative Law
■ Explain how standards of care are used in determining
negligence and malpractice. Types of Laws
Criminal Law
■ Describe how nurse practice acts guide nursing practice.
Civil Law
■ Explain the purpose of licensure.
Tort
■ Discuss issues of licensure.
Quasi-Intentional Tort
■ Explain the difference between internal standards and
external standards. Negligence
■ Discuss advance directives and how they pertain to clients’ Malpractice
rights. Other Laws Relevant to Nursing Practice
■ Discuss the legal implications of the Health Insurance Good Samaritan Laws
Portability and Accountability Act (HIPAA)
Confidentiality
Slander and Libel
False Imprisonment
Assault and Battery
Standards of Practice
Use of Standards in Nursing Negligence Malpractice
Actions
Patient’s Bill of Rights
Informed Consent
Staying Out of Court
Prevention
Appropriate Documentation
Common Actions Leading to Malpractice Suits
If a Problem Arises
Professional Liability Insurance
End-of-Life Decisions and the Law
Do Not Resuscitate Orders
Advance Directives
Living Will and Durable Power of Attorney for Health Care (Health-Care Surrogate)
Nursing Implications
Legal Implications of Mandatory Overtime
Licensure
Qualifications for Licensure
Licensure by Examination
NCLEX-RN
Preparing for the NCLEX-RN
Licensure Through Endorsement
Multistate Licensure
Disciplinary Action
Conclusion

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