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may vary from state to state- These laws encourage health care professionals to assist in emergency situations and limit liability and offer legal immunity for persons helping in an emergency, provided that they give reasonable care.- Immunity from suit applies only when all conditions of the state law are met, such as the health care provided and the care given is not intentionally negligent.
1. Charges of abandonment maybe made against nurses who "walk out"
when staffing is inadequate.2. Nurses in short staffing situations are
obligated to make a report to the nursing administration.
- is used as a means of identifying risk situations and improving
client care.- following specific documentation guidelines.- fill out the
report completely, accurately, and factually.- the report form should
not be copied or placed in the client record.- Make no reference to the
incident report form in the client's record.- The report is not a
substitute ( thay the) for a complete entry in the client's record
regarding the incident.- If a client injury or error in care occurred,
assess the client frequentl
psychiatric facilities are required to have a client's bill of rights posted in visible area.
- Inspect a copy of PHI- If PHI is incorrect, ask the health care
agency to amend- Request a list of disclosures made ( tiết lộ) regarding
the PHI as specified by HIPPA.- Request to restrict how the health care
agency uses or discloses PHI regarding treatment, payment, or service
unless the information is needed to provide emergency treatment.-
Request how and where health care agency can communicates with the
client.- Request a paper copy of the HIPPA notice
violating confidentiality, intruding (xam nhap) on private client or
family matters, and sharing client information with unauthorized
persons.
- are legal documents that indicate the client's permission to perform
surgery, perform treatment or procedure, or give information to a third
party.- patients must be informed in understandable terms, of the risks
and benefits of the surgery or treatments.- Client's questions about
the surgery or procedure must be answered before signing the consent.-
client with sedating medications or has cognitive impairment should not
be asked to sign a consent.- A consent must be signed freely by the
client without th
the process of thinking through what one should do in an orderly and
systematic manner to provide justification for actions based on
principles.
behavior in accordance with customs or tradition, usually reflecting personal or religious beliefs
- guidelines that identify what the client can expect to receive in
terms of nursing care.- The guidelines determine whether nurses have
perform duties in an appropriate manner.- If nurse does not perform
duties within accepted standards of care, the nurse places himself in
jeopardy of legal action.- If a nurse is named as an defendant in a
malpractice lawsuit and proceedings show that the nurse followed neither
the accepted standards of care outlined by the state or province nurse
practice act nor the poli
- Is an acceptable, legal practice used by health care facilities to
alleviate understaffing and overstaffing.-Legally, a nurse cannot refuse
to float unless a union contract guarantees that nurses can work only
in a specified area or the nurse can prove lack of knowledge for the
performance of assigned tasks.- Nurses in a floating situation must not
assume responsibility beyond their level of experience or
qualification.-Nurses who float should inform the supervisor of any lack
of experience in caring for
- Personal Health Information- includes individually identifiable
information that relates to the client's past, present, or future
health, treatment, payment for health care services.- HIPPA requires
health care agencies to keep PHI private, provides information to the
client about the legal responsibilities regarding privacy, and explain
the client's rights with respect to PHI.- Client may file a complaint if
client believes that privacy rights have been violated.
- The nurse is obligated to carry out a physician's prescription / (
orders) except when he nurse believes a prescription to be inappropriate
or inaccurate.- A nurse carrying out an inaccurate prescription may be
illegally responsible for any harm suffered by the client.- The nurse
should clarify with the physician with unclear or inappropriate
prescription.- If no resolution occurs regarding the prescription in
question, the nurse should contact the nurse manager or supervisor.- The
nurse should follow spe
is a false document circumstances in the medical record that causes
damage to someone's reputation, either in writing (libel) or verbally
(slander)
a. Duty: at the time of injury, a duty existed between the plaintiff (
duong don) and the defendant.b. Breach of duty: The defendant breached
(vi pham) duty of care to the plaintiff.c. Proximate cause: The breach
of the duty was the legal cause of injury to the client.d. Damage or
injury: the plaintiff experienced injury or damages or both can be
compensated by law.
an intentional touching of another's body without the other's consent.
Nurses need their own liability insurance for protection against
malpractice lawsuits.Having their own insurance provides nurses
protection as individuals; this allows a nurse to have an attorney
present who has only the nurse's interests in mind.
-Is conduct that falls below the standard of care.- Can include acts
of commission and acts of omission ( chenh mang).- Nurse who does not
meet appropriate standards of care may be held liable.
- Documentation is legally required by accrediting agencies, state
licensing laws, and state nurse and medical practice act.- Nurse should
follow agency guidelines and procedures.
- Clients' valuable should be given to a family member or secured for
safekeeping in stored and locked designation locations. Location of the
client's valuables should be documented per agency only.- Many health
care agency requires client to sign a release to free the agency of the
responsibility for lost values.- Client's wedding band can be taped in
place unless a risk exists for swelling of the hands or fingers.-
religious items such as medals or scapulars may be pinned to the
client's gown if allowed b
The distinction between right and wrong based on a body of knowledge, not on opinions only.
- Nurses are required to report certain communicable diseases or
criminal activities such as child or elder abuse or domestic violence,
dog bite, gunshot, or stab wound, assault, and homicides, and suicides
to the appropriate authorities.
- a client has the right to become an organ donor and a right to refuse organ transplant as a treatment option.
- if a nurse suspects that a co-worker is abusing chemicals and
potentially jeopardizing a client's safety, the nurse must report the
individual to the nursing administration in a confidential manner. (
client safety is always the first priority)- Nursing administration
notifies the board of nursing regarding the nurse's behavior.
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