Scope of practice, informed consent, and malpractice concepts tested on NCLEX-RN.
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- What is a Nurse Practice Act?
- A state law that defines and regulates the scope of nursing practice.
- Define scope of practice for a nurse.
- The range of duties and responsibilities a nurse is legally permitted to perform, based on education, licensure, and state law.
- What is the legal standard of care for a nurse?
- The level of care a reasonably prudent nurse with similar training would provide under similar circumstances.
- What sources are used in court to establish the standard of care in a malpractice case?
- Institutional policies and procedures, professional organization guidelines, and the state Nurse Practice Act.
- Define malpractice.
- Professional negligence, when a licensed professional's care falls below the accepted standard and causes harm.
- Define negligence (general legal term).
- Failure to act as a reasonably careful person would, resulting in harm to another.
- What four elements must be proven to establish nursing malpractice?
- Duty, breach of duty, causation, and damages.
- In a malpractice claim, what does "duty" mean?
- The nurse had a professional obligation to provide care to the patient.
- In a malpractice claim, what does "breach of duty" mean?
- The nurse's care fell below the accepted standard of care.
- In a malpractice claim, what does "causation" mean?
- The breach of duty directly caused the patient's injury.
- In a malpractice claim, what does "damages" mean?
- The patient suffered actual harm, such as physical, emotional, or financial injury.
- A ____ law protects a nurse who voluntarily provides emergency care outside of work from liability for ordinary negligence.
- Good Samaritan
- The legal doctrine ____ ("the thing speaks for itself") applies when an injury could only have occurred through someone's negligence, such as a retained surgical sponge.
- res ipsa loquitur
- Define informed consent.
- A patient's voluntary agreement to a treatment or procedure after receiving enough information to make an informed decision.
- Who is legally responsible for obtaining informed consent for a procedure?
- The provider who will perform the procedure (physician or advanced practice provider).