[community Public Health] Chapter 6: Legal Context For Community/Public Health Nursing

The nurse should remind the mother that they had discussed immunizations and that she had held the infants leg during the injection, and therefore informed consent had been given. This is the appropriate action because it acknowledges that the mother was aware of the potential risks and benefits of immunization, as well as actively participated in the process by holding the infant's leg during the injection. By reminding the mother of this, the nurse reinforces that informed consent was obtained, which is an important legal and ethical requirement in healthcare.

Public health documents can be found in state statutes because these statutes are laws enacted by the state government that specifically pertain to public health. State statutes often cover a wide range of public health issues, such as disease control, sanitation standards, vaccination requirements, and emergency preparedness. These documents are important for ensuring the health and safety of the public within a particular state.

The nurses supervisor would most likely make the statement "Your insurance as an employee may not cover doing personal errands for clients, so avoid taking clients in your personal car" because it addresses the potential insurance coverage issue and advises the nurse to avoid providing personal transportation to clients. This suggests that there may be potential liability or policy concerns related to using personal vehicles for client transportation.

The relationship between legal obligations and ethical obligations is that when ethical issues become a social concern, laws are passed to provide guidance. This means that ethical concerns may not always be immediately addressed, but once they gain enough attention and become a societal issue, laws are enacted to provide legal obligations and guidelines to address those ethical concerns.

Negligence under tort law refers to the failure of a professional to act with reasonable care and skill, resulting in harm or injury to another person. In the context of the question, if a case of failure to act as a reasonably prudent professional is brought to court, it would be considered negligence under tort law. This means that the professional did not meet the standard of care expected in their profession, and they may be held legally responsible for any damages caused by their actions or inactions.

The nurse left a client a telephone answering machine message with his laboratory results so that he could listen at his convenience. However, this may not be the most appropriate or professional method of communication. Instructing the nurse to leave a name and phone number for the client to return the call would be the most likely action taken by the nurse's supervisor. This ensures that the client can reach out to the clinic office directly to discuss their laboratory results and ask any questions they may have.

Administrative law refers to the rules and regulations established by state boards of nursing. These laws govern the practice of nursing and ensure that nurses adhere to certain standards and guidelines. They are created by the state boards of nursing to protect the public and regulate the nursing profession. Administrative law is specific to the field of nursing and is distinct from common law, legislative law, and tort law, which pertain to different areas of legal practice.

The correct answer is providing input, either verbally or in writing, to the involved agency, after notice of proposed rules is published. This is the most appropriate action for a nurse who wants to influence proposed administrative law because it allows them to directly communicate their views and suggestions to the agency responsible for making the rules. Calling, e-mailing, faxing, or writing the leaders of the House of Representatives and Senate may not have a direct impact on the administrative law. Writing to state legislators to suggest appropriate legislation may be a valid action, but it may not directly influence the administrative law. Promising to contribute money to legislators' reelection campaign is unethical and may not guarantee that the administrative law reflects the nurse's views.

When an employed nurse provides care to a client, state laws protect both the health care provider and the client. This means that the nurse is protected from any legal actions or liabilities that may arise from providing care, while the client is protected by ensuring that the nurse adheres to the standards and guidelines set by the state laws. These laws aim to ensure the safety and well-being of both parties involved in the care process.

The correct answer is that it would depend on the laws in that state regarding emancipated minors. Emancipated minors are individuals under the age of 18 who are considered legally independent from their parents or guardians. In some states, these minors have the ability to make their own medical decisions, including consenting to vaccinations. However, in other states, parental consent may still be required. Therefore, whether or not the nurse can give the mother the injection would depend on the specific laws in the state where this situation is taking place.

The husband can win his case on the basis that the nurse should have avoided reassurance, as the client interpreted it as a promise of the outcome. This implies that the nurse provided false hope and potentially misled the client and her husband regarding the prognosis. By reassuring the client in such a manner, the nurse may have breached the standard of care and contributed to the husband's belief that his wife would survive.

The primary purpose of incident reports is to recognize patterns of possible problems. Incident reports are used to document and report any unexpected or adverse events that occur in a healthcare setting. By analyzing these reports, patterns and trends can be identified, allowing for proactive measures to be taken to prevent future incidents. Incident reports are not meant to document that a particular nurse should not be retained, punish the employee at fault, or solely document a breach in a standard of care.

The mother would most likely win the suit because the nurse does not have any evidence that the physician ordered the medication that caused the allergic reaction in the boy. This lack of evidence raises questions about the nurse's adherence to proper protocols and procedures for medication administration, potentially leading to negligence on the nurse's part. Without evidence of a valid order, it becomes difficult for the nurse to defend their actions and avoid liability in the lawsuit.

The most likely outcome for this lawsuit is that the nurse will be held responsible for the error made by the LPN. As the supervisor who delegated the care to the LPN, the nurse has a duty to ensure that the LPN is competent and capable of providing safe care to the client. If the LPN's error resulted in harm to the client, the nurse can be held accountable for failing to properly supervise and delegate the care. This is known as respondeat superior, which holds the employer (in this case, the nurse) responsible for the actions of their employees.

The best definition for standard of care is what a reasonably prudent nurse would do in the same situation. This means that the standard of care is based on the actions and decisions that a nurse with similar knowledge, skills, and experience would make when faced with a specific situation. It takes into consideration the accepted practices and guidelines within the nursing profession and ensures that the nurse provides care that is in line with these standards to promote patient safety and well-being.

Laws passed by a local government unit such as a village, town, or city are called ordinances. These ordinances are specific to the jurisdiction of the local government and are typically enacted to regulate various aspects of community life, such as zoning, building codes, noise regulations, and public health. Unlike statutes, which are laws passed by a higher level of government, ordinances only apply within the local jurisdiction. Acts and judicial law refer to laws passed at a higher level of government or decisions made by the judiciary, respectively.

The nurse should report the discrepancies to the agency and volunteer to help revise the policy. By doing so, the nurse is ensuring that the agency is made aware of the contradictions between their policies and the state law. Additionally, by offering to help revise the policy, the nurse is taking an active role in finding a solution to the problem. This action demonstrates the nurse's commitment to upholding the law and promoting the best interests of the patients and the agency.

The best action for the nurse to take in this situation is to accept that the client has the right to deny consent but try to visit later when she may not be quite so upset. It is important to respect the client's autonomy and right to make decisions about their own care. By acknowledging the client's emotions and attempting to visit at a later time, the nurse can maintain a therapeutic relationship and provide the necessary treatment when the client is more receptive. This approach demonstrates empathy and understanding towards the client's feelings while still prioritizing their health and well-being.

In criminal cases, the government takes legal action against individuals who have committed a crime, while in civil cases, private individuals or businesses file lawsuits against each other to resolve disputes. This means that the government is responsible for prosecuting criminal cases, while civil cases involve private parties seeking resolution through the legal system.

The correct answer is "The plaintiff sued the defendant for damages." In civil cases, the party who initiates the lawsuit is called the plaintiff, and the party being sued is called the defendant. The term "sued" is correctly used to indicate that the plaintiff has filed a lawsuit against the defendant. Additionally, "damages" refers to the monetary compensation that the plaintiff is seeking from the defendant.

If the client has an extremely contagious disease, it is necessary for the nurse to share confidential information with those who may have been exposed in order to prevent the further spread of the disease. This is done in the interest of public health and safety.

In this situation, immunity would be granted to a healthcare provider who reports suspected abuse of a client to a legal authority if they believe abuse is occurring and report it in good faith. This means that even if the provider cannot prove the abuse or does not have any other witnesses or concrete evidence, they will still be protected from legal action as long as they genuinely believe that abuse is taking place and they report it honestly and with good intentions.

The nurse should continue to carry personal liability insurance for self-protection. While the agency may have its own malpractice/negligence insurance, it is still important for the nurse to have their own coverage. This is because the agency's insurance may not provide adequate coverage or may not cover all potential liabilities that the nurse may face. Carrying personal liability insurance ensures that the nurse is protected in case of any legal claims or lawsuits that may arise. It is a proactive measure to safeguard the nurse's professional and financial well-being.

The client would be able to successfully sue the nurse because the nurse did not inform the client that no further visits would be made and did not provide alternative options for care. This lack of communication and failure to address the situation properly could be seen as negligence on the part of the nurse, leading to a potential lawsuit.

The case may not go to court for a ruling against the nurse because the time limit for suing had passed. This means that the client waited too long to bring the court case, and as a result, their claim may be barred by the statute of limitations.

To demonstrate that her behavior was appropriate, the nurse should call an expert witness to testify. This is the most effective approach because an expert witness can provide professional testimony and opinions based on their knowledge and experience in the field. Their testimony can carry significant weight in a lawsuit, as they can explain why the nurse's behavior was prudent and reasonable for a nurse in that specific situation. This can help to establish that the nurse acted within the accepted standards of care and strengthen her defense in the case.

The nurse should report the disease if required by state law because it is a contagious infectious disease with a high death rate. Reporting the disease is important for public health purposes, as it allows for proper monitoring, control, and prevention of the spread of the disease. This information can also help in identifying any potential outbreaks and implementing necessary measures to protect the community.

Knowing federal legislation is especially important for the community/public health nurse who provides direct care to clients because it enables them to inform clients of existing federal programs for which the client may be eligible. This knowledge allows the nurse to connect clients with resources and opportunities that can support their health and well-being. By being aware of federal programs, the nurse can ensure that clients receive the necessary assistance and support they are entitled to, ultimately improving their overall health outcomes.

Incident reports should always include the nurses' objective observation of the incident because this helps provide an accurate and unbiased account of what actually occurred. By focusing on the factual details and avoiding personal opinions or speculations, the objective observation can serve as a reliable source of information for analyzing the incident and implementing preventive measures in the future.

The central purpose of laws is to maintain public order and communicate expectations about behavior. Laws are put in place to establish a set of rules and regulations that govern society and ensure that individuals behave in a manner that is acceptable and does not disrupt the overall order. By enforcing laws, society can function smoothly and individuals can understand what is expected of them in terms of their behavior and actions.

The nurse should consult with the State Attorney General because they are responsible for interpreting and enforcing the laws of the state. In the case of a client with tuberculosis, there may be legal requirements and regulations regarding reporting, treatment, and contact tracing that the nurse needs to be aware of. Consulting with the State Attorney General ensures that the nurse is following the legally safe actions and providing appropriate care to the client.

Case precedents or similar previous court decisions best describes how judicial law is typically created. This means that judges often make decisions based on previous court rulings, which then become the basis for future legal interpretations and decisions. This process, known as stare decisis, helps ensure consistency and predictability in the legal system. By relying on established precedents, judges can build upon existing legal principles and provide guidance for future cases. This approach allows for incremental changes in the law over time and helps maintain the stability and integrity of the judicial system.

The mentor would want the question about a durable power of attorney answered because agencies are required by law to ask whether such a document exists. This is important because a durable power of attorney allows a designated person to make decisions on behalf of the client if they become unable to make decisions for themselves. By knowing whether or not the client has a durable power of attorney, the agency can ensure that the client's wishes and best interests are being upheld and that the designated person is involved in the decision-making process.