Chapter 3 Nursing Practice and the Law Learning Objectives Describe three major forms of laws. Identify the differences among the various types of laws. Clarify the criteria that determine negligence from malpractice. Differentiate between an intentional and an unintentional tort. Support the use of standards of care in determining negligence and malpractice. Learning Objectives (continued_1) Explain how nurse practice acts protect the public. Differentiate between internal standards and external standards. Examine the role advance directives play in protecting client rights. Learning Objectives (continued_2) Discuss the legal implications of the Health Insurance Portability and Accountability Act (H I P A A). Identify legal issues surrounding the use of electronic medical records. Introduction Client advocates Professional knowledge Proficient in technical skills Working knowledge of the legal system Client rights Behaviors that result in lawsuits General Principles Meaning of law Statutory law Common law Administrative law Sources of law Constitution Statutes Administrative law Types of Law Criminal law Felony Misdemeanor Juvenile Civil law Tort Quasi-intentional tort Negligence Malpractice Other Laws Relevant to Nursing Practice Good Samaritan laws Confidentiality Social networking Slander and libel False imprisonment Assault and battery Question _____ encompasses state, constitutional, administrative, and criminal law, whereas _____ covers contracts, torts, and property. A. Felony law; misdemeanor law B. Malpractice; negligence C. Private law; public law D. Public law; private law Standards of Practice Standards Guidelines for nursing to ensure acceptable quality of care State boards, professional organizations Used in nursing negligence and malpractice actions Patient’s bill of rights Informed consent Staying Out of Court Prevention Common actions leading to malpractice suits If a problem arises Professional liability insurance Question ______ is an unintentional tort of acting or failing to act as an ordinary, reasonable, prudent person, resulting in harm to the person to whom the duty of care is owed. A. Malpractice B. Negligence C. Quasi-intentional tort D. Breach of confidentiality Answer Correct Answer: B Negligence is an unintentional tort of acting or failing to act as an ordinary, reasonable, prudent person, resulting in harm to the person to whom the duty of care is owed. Malpractice is the term applied to professional negligence. Summary Key concepts from this chapter include: General principles Types of law Other laws relevant to nursing practice Standards of practice Staying out of court End-of-life decisions and the law