Chapter Five Legal Issues - Chapter Five Legal Issues...

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Chapter Five Legal Issues Nursing Practice Accountable for practicing nursing in accordance with various sources of law affecting nursing practice Provide safe competent care Advocate for patient rights Provide care that is within the nurse’s scope of practice Discern the responsibilities of nursing in relation to the responsibilities of other members of the health care team Provide care that is consistent with established standards of care Shield oneself from liability Sources of Law Federal Law The Health Insurance Portability and Accountability Act (HIPAA) The Americans with Disabilities Act (ADA) The Mental Health Parity Act (MHPA) The Patient Self-Determination Act (PSDA) The Uniform Anatomical Gift Act & the National Organ Transplant Act Criminal Law: relates to the relationship of an individual with the government Felony – serious crime, such as homicide Misdemeanor – Less serious, petty theft Civil Law: protect the individual rights of people Tort law Negligence Malpractice Types of Laws and Courts Criminal Cases Charges are filed by the state or federal attorney general for crimes committed against an individual or society
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Presumed innocent Nurses found guilty of intentionally administering fatal doses of drugs to patients would be charged in a criminal court Civil Cases
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  • Fall '13
  • FRANK
  • Nursing, Tort Law, health care team, incident reports, unintentional tort, safe competent care

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