Question

Book Leadership Role and Management Function in Nursing

9th ed, Bessel L, Marqus

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1. identify the primary sources of law and how each affects nursing practice

1. define negligence and review the elements of malpractice
2. list actions that reduce the risk of malpractice claims
3. discuss the nurse’s role related to informed consent
4. the components of advanced directives
5. state the rights of patient privacy and confidentiality
6. theories and principles of ethical practice

Answer 1

1)Primary sources of law are:

• Common law
• Statutory law
• Administrative law
• Constitutional law

HOW LAWS AFFECT NURSING PRACTICE

Common law-It is the nurse's responsibility to inform about the state(s),they are licensed to practice.

Statutory- nurses are responsible for protecting and respecting patient's valuables and should never steal or borrow their personal possessions.

Administrative-It includes written rules and regulations to enforce and implement nurse practice act by the state.

constitutional- the nurse should not interfere in another person's expression on freedom of religion,right to abortion and right to die.

2)Negligence can be defined as an act of not taking care of another person to prevent loss or injury.

Elements of malpractice---

• Duty:nurse has a duty to behave in a responsible manner.For eg;administer medication at the right time.
• Breach of duty means the specific duty owed to the patient has not been met.
• Damages:means damages caused by breach of duty.
• causation:it means there should be a direct link between the injury and the breach of duty.

ACTIONS THAT REDUCE RISK OF MALPRACTICE CLAIMS

• communication
• proper documentation
• be aware of the current standards
• obtain informed consent
• proper follow up
• manage patient's expectations
• consider things from patient's point of view
• keep an open mind
• leave your pride and ask for help
• avoid bad habits

NURSES ROLE IN INFORMED CONSENT

• the consent should be taken from the right person
• consent should be documented
• verify patients understanding about the information given

COMPONENTS OF ADVANCED DIRECTIVES

• naming a health care power of attorney,who can advocate for your care,when you are not able to do.
• creating a living will at the end of your life mentioning the medical treatments you do and you do not want.

RIGHTS OF PATIENT PRIVACY AND CONFIDENTIALITY

Right of patient privacy include freedom from unauthorized involvement in one's privacy including disclosure of personal information

confidentiality include keeping the information limited to the person having the right to possess the information.

THEORIES AND PRINCIPLES OF ETHICAL PRACTICE

Autonomy-means allowing the patient right to self determination

Beneficence-means to do good fpr the patient

Non maleficence-means to do no harm to the patient.

Justice-means fair treatment of the patient.