This document contains summaries of chapters 2 and 3 from a nursing textbook. Chapter 2 discusses the differences between leaders and managers, important qualities for nurse managers, and common management styles and theories. Chapter 3 covers sources of law including statutory, common, and administrative law. It defines different types of laws such as tort law and discusses legal issues relevant to nursing practice including informed consent, confidentiality, and standards of care.

1. Leader Vs Manager – Empire Essays
Read Chapters 2 & 31.Discuss the differences between a leader and a manager.2. Which is
more important, working for an effective leader or an effective manager? Explain your
answer.3. Observe the nurse manager in a unit to which students have been assigned. What
management style is displayed? How does the staff respond to this style4. What qualities do
you think are most important to be a good nurse manager?1. Interview the nurse manager
on your assignment unit. What interpersonal, decisional, and informational activities does
he or she complete on a daily basis?2. You are the nurse manager on your unit. One of the
most experienced staffers has been out on sick leave, and another just had a baby. The rest
of the staff are working very hard to pick up the slack to avoid using agency personnel.
What tangible and intangible rewards might you use to thank the staff?3. PART 1: Begin by
writing a 50-word description of the ideal nurse manger, someone you would like to work
for. Describe a real-life nurse manager whom you have encountered in one of your clinical
rotations. What qualities of this person meet your ideal? In what ways does this individual
not meet your ideal? (Reminder: nobody’s perfect.)PART 2: Think about becoming an ideal
manager yourself. What qualities of an ideal manager do you already possess? What
qualities do you still need to develop? How will you accomplish this?1. Find your own
state’s requirements for informed consent. Do elective procedures and emergency
situations use the same standard?2. Obtain a copy of your state’s Nurse Practice Act. Does
the act give adequate guidance for nurses to know if an action is within the scope of nursing
practice?1. Explain how the Nurse Practice Act in your state provides for consumer
protection and for professional nursing progress.2. What are your thoughts on multistate
licensure? How does it strengthen and weaken professional nursing?3. As a new nurse, how
can you ensure confidentiality in clinical settings?4. How can nurses safeguard the
confidentiality of medical information when sending it by fax or e-mail?5. Explain the role of
the nurse in obtaining informed consent. Do you believe that this is within the scope of
nursing practice? Explain your answer.6. Should nurses carry malpractice insurance?
Explain your answer.7. Should all patients have advance directives? Explain your answer.8.
Should employers be permitted to require nurses to work overtime if there is a shortage of
registered nursing staff on a unit? Support your answer with evidence from the
literature.Copyright © 2015. F.A. Davis CompanyManagerChapter 2*Copyright © 2015. F.A.
Davis CompanyManagementGetting work done through othersDoing what is needed to
assist employees to work well*Copyright © 2015. F.A. Davis CompanyManagement
Theories*Copyright © 2015. F.A. Davis CompanyScientific ManagementEfficiency-

2. focusedIncreasing productivity is the goalWorkflow and time to complete tasks is measured
and evaluated.*Copyright © 2015. F.A. Davis CompanyHuman Relations-Based Management
Theory XWork is something to be avoided.People want to do as little work as possible.Use:
Control Supervision Punishment*Copyright © 2015. F.A. Davis CompanyHuman Relations-
Based Management Theory YThe work itself can be rewarding.People really want to do
their job well.Support usingGuidanceDevelopmentReward*Copyright © 2015. F.A. Davis
CompanyServant LeadershipPeople have value as people.Commit to improving treatment at
work.Employee first*Copyright © 2015. F.A. Davis CompanyQualities of an Effective
ManagerLeadershipClinical expertiseBusiness sense*Copyright © 2015. F.A. Davis
CompanyManagementDecisionalInterpersonalInformational*Copyright © 2015. F.A. Davis
CompanyBehavior of an Effective ManagerInterpersonalNetworkingConflict negotiation and
resolutionEmployee developmentCoachingRewards and punishments*Behavior of an
Effective Manager (cont’d)Decisional activitiesEmployee evaluationResource
allocationHiring and firingPlanning for the futureJob analysis and design*Behavior of an
Effective Manager (cont’d)Informational
activitiesSpokespersonMonitoringReporting*Copyright © 2015. F.A. Davis
CompanyConclusionNursing management is a complex, responsible position.Ineffective
managers may harmEmployeesClientsOrganizations************Copyright © 2015. F.A.
Davis CompanyNursing Practice and the LawChapter 3*Copyright © 2015. F.A. Davis
CompanyObjectivesIdentify three major sources of law.Explain the differences among
various types of laws.Differentiate between negligence and malpractice.Explain the
difference between an intentional tort and an unintentional tort.*Copyright © 2015. F.A.
Davis CompanyObjectives (cont’d)Explain how Standards of Care are used in determining
negligence and malpractice.Describe how nurse practice acts guide nursing practice.Explain
the purpose of licensure.Explain the difference between internal standards and external
standards.*Copyright © 2015. F.A. Davis CompanyObjectives (cont’d)Discuss Advance
Directives and how they pertain to patients’ rights.Discuss the legal implications of the
Health Insurance Portability and Accountability Act (HIPAA).*Copyright © 2015. F.A. Davis
CompanyMeaning of LawLaw refers to any system of regulations that govern the conduct of
individuals within a community and/or society in response to the need for regularity,
consistency, and justice.Law is the rules that prescribe and control social conduct in a
formal and legally binding manner.*Copyright © 2015. F.A. Davis CompanyTypes of
LawsStatutory lawCommon lawAdministrative law*Copyright © 2015. F.A. Davis
CompanyStatutory LawCreated by various legislative bodiesCongressState
legislaturesExamples of federal statutesPatient Self-Determination Act of 1990The
Americans with Disabilities Act*Copyright © 2015. F.A. Davis CompanyStatutory Law
(cont’d)Examples of state statutesNurse Practice ActsGood Samaritan Law*Copyright ©
2015. F.A. Davis CompanyCommon LawComes from the traditional unwritten law of
England.Based on custom and usage.Develops within the court system as judicial decisions
are made.One decision creates the precedence for another.*Copyright © 2015. F.A. Davis
CompanyAdministrative LawProcedures created by administrative agenciesCity
councilsCounty boardsState governmentEstablished through the authority given to
government agencies by a legislative bodyBoards of Nursing*Copyright © 2015. F.A. Davis

3. CompanySources of Law*Copyright © 2015. F.A. Davis CompanyThe
ConstitutionFoundation of American lawThe Bill of RightsLimits the power of the
government and protects citizens’ freedomsConstitutional law evolves as issues
emerge.*Copyright © 2015. F.A. Davis CompanyStatutesLocalities, state legislatures, and the
U.S. Congress create statutes.OrdinancesLocal statutesExample: noise ordinanceNurses can
influence the development of statutory laws.*Copyright © 2015. F.A. Davis
CompanyAdministrative LawCreated by administrative agencies that develop specific rules
and regulations that direct the implementation of statutory law.Rules must be consistent
with statutory laws.Specific statutory laws give state Boards of Nursing the authority to
issue and revoke licenses.*Copyright © 2015. F.A. Davis CompanyAgenciesDepartment of
Health and Human ServicesDepartment of LaborDepartment of Education*Copyright ©
2015. F.A. Davis CompanyTypes of Laws*Copyright © 2015. F.A. Davis CompanyCriminal
LawFelonyMisdemeanorJuvenile*Copyright © 2015. F.A. Davis CompanyCivil
LawTortQuasi-intentional tortNegligenceMalpractice*Copyright © 2015. F.A. Davis
CompanyOther Laws Relevant to Nursing Practice*Copyright © 2015. F.A. Davis
CompanyGood Samaritan LawsCreated to encourage physicians and nurses to respond to
emergenciesProtects licensed health-care providers from civil liability as long as they
“behave in the same manner as an ordinary, reasonable, and prudent professional in the
same or similar circumstances.”*Copyright © 2015. F.A. Davis
CompanyConfidentialityPatients have the right to confidentiality.Information should only
be shared with others who have a “need to know.”Need permission to share
informationHIPAA*Copyright © 2015. F.A. Davis CompanySocial NetworkingUse of
technology has caused an increase in violations of confidentiality.Breach of confidentiality
without intentNeed to be aware of institutional policies on social networkingImmediate
terminationCancellation of contracts/affiliation agreements with outside
agencies*Copyright © 2015. F.A. Davis CompanySlander and LibelQuasi-intentional
tortsSlander refers to the spoken word.Libel refers to the written word.Can refer to
patients, coworkers, or other individuals*Copyright © 2015. F.A. Davis CompanyFalse
ImprisonmentConfining an individual against his or her willRestrainingDetainingRemoving
a patient’s clothesKeeping a patient who has been medically discharged for an unreasonable
amount of time*Copyright © 2015. F.A. Davis CompanyAssault and BatteryAssault is the
threat to do harm.Battery is touching without consent.The significance of an assault is
embedded in the threat.Often, the terms are used together.Informed consent*Copyright ©
2015. F.A. Davis CompanyStandards of Practice*Copyright © 2015. F.A. Davis
CompanyPurposeGuidelines to ensure quality of careCriteria to determine if quality care
has been deliveredMay be specialty directedAACN standards of careAWHONN standards of
care*Copyright © 2015. F.A. Davis CompanyInternal StandardsDeveloped within
institutionsUsually explained within specific policiesIncluded in Policy and Procedure
ManualsBased on current literature and researchNursing responsibility to meet the
institution’s standards*Copyright © 2015. F.A. Davis CompanyUse of Standards in Nursing
Negligence and MalpracticeOne of the elements used to determine liabilityUse of
professional standardsInstitutional policyStandards of the Specialty organization if
warrantedExpert opinions*Copyright © 2015. F.A. Davis CompanyPatient’s Bill of

4. RightsCreated by the American Hospital Association in 1973 and amended in 1992In 2003,
replaced by the Patient Care PartnershipThe patient rights were derived from the ethical
principle of autonomy.*Copyright © 2015. F.A. Davis CompanyInformed ConsentInformed
consent is a legal document in all 50 states.Requires physicians to divulge the benefits, risks
and alternatives to treatment, nontreatment, and/or procedures.Allows individuals to be
involved in choices about their health care.*Copyright © 2015. F.A. Davis CompanyInformed
Consent (cont’d)Permits health-care providers to “touch.”Physicians are responsible for
“obtaining” the informed consent.Nurses are involved in the process whenWitnessing a
signatureClarifying questionsIf a nurse assesses that a patient lacks a full understanding of
the risks/benefits, the nurse should notify the physician.*Copyright © 2015. F.A. Davis
CompanyCriteria for Informed ConsentA mentally competent adult as voluntarily given the
consent.The client understands exactly what he or she is consenting to.The consent includes
the risks involved in the procedure, alternative treatments, and risk of refusal.The consent
is written.*Copyright © 2015. F.A. Davis CompanyImplied ConsentOccurs when consent is
assumedEmergency situationsChild is involved and the health-care institution is unable to
reach parents and/or legal guardians*Copyright © 2015. F.A. Davis CompanyStaying Out of
Court*Copyright © 2015. F.A. Davis CompanyPreventionPractice caring
behaviors.Demonstrate an interest in patients and their families.Assist patients and families
in making choices by providing information.Maintain accountability.Adhere to Standards of
Practice.*Copyright © 2015. F.A. Davis CompanyDocumentationNeeds to be legally
credibleAvoid charting by exception.Clear, concise, and accurateOnly sign off on
medications once administered.Document assessments after completion.*Copyright ©
2015. F.A. Davis CompanyKeys to Credible
DocumentationContemporaneousAccurateTruthfulAppropriate*Copyright © 2015. F.A.
Davis CompanyCommon Actions Leading to Malpractice SuitsFailure to assess
properlyFailure to report changes in a patient’s condition to the appropriate
personnelFailure to document in a patient’s recordAltering or falsifying a patient’s
recordFailure to obtain an informed consentFailure to report a coworker’s negligence or
poor practiceViolation of internal or external standards of practice*Copyright © 2015. F.A.
Davis CompanyWhat to Do if Named in a SuitContact the legal department of your
institution.Answer the complaint.Obtain legal guidance/representation.Only sign
documents after review by legal counsel or malpractice insurance company.Maintain a file
of all information connected to the case.BE HONEST.*Copyright © 2015. F.A. Davis
CompanyProfessional Liability InsuranceNurses need to consider obtaining
insurance.Policies protect nurses against personal financial loss.If a nurse is found guilty of
malpractice the employing agency has the right to sue the nurse to reclaim
damages.*Copyright © 2015. F.A. Davis CompanyEnd-of-Life Decisions and the LawDo Not
Resuscitate Orders (DNRs)Advance DirectivesPatient Self-Determination ActLiving
WillHealth-Care Surrogate*Copyright © 2015. F.A. Davis CompanyPatient Self-
Determination ActAllows individuals to make decisions regarding treatment in advance of a
time when they may be unable to make these decisions.Federal law directs that health-care
institutions that receive federal funding inform patients of their right to create advance
directives.*Copyright © 2015. F.A. Davis CompanyProvisions of the ActProvide information

5. to every patient.Document.All patients must be asked if they have a Living Will.Ask about a
health-care surrogate (Durable Power of Attorney).Must be placed in the patient’s
record.Educate.Be respectful of patients’ rights.Have cultural humility.*Copyright © 2015.
F.A. Davis CompanyNursing ImplicationsThe Patient Self-Determination Act does not
specify who should discuss treatment decisions or advance directives with patients.Nurses
are patient advocates.Nurses need to have knowledge about documents pertaining to the
Act.Review institutional policies.*Copyright © 2015. F.A. Davis CompanyIssues Affecting
PracticeLegal implications of mandatory overtimeAffects patient safetyPosition statements
from nursing organizationsNurse Practice
ActsLicensureQualificationsEndorsementMultistateDisciplinary action*Copyright © 2015.
F.A. Davis CompanyNCLEX-RNPreparationReview coursesNCSBN online NCLEX-RN study
programTest planTest plan blueprint changed in April 2013Changes in the blueprint are
based on findings from practice.Level of difficulty increasedAlternative question
formats*Copyright © 2015. F.A. Davis CompanyPreparing for NCLEX-RNBe positive.Use
relaxation techniques.Advance planning.Pack an “NCLEX bag.”Perform a “dry run” at the
same time you would leave to get to the test site to familiarize yourself with the area,
parking, etc.Call the Center and see if you may bring water or snacks.Eat well and get a good
night’s sleep the night before the test.*Copyright © 2015. F.A. Davis CompanyOn the Day of
the TestEat before you leave.Leave early and give yourself sufficient time to arrive at your
destination.Bring a jacket or sweater.*Copyright © 2015. F.A. Davis
CompanyConclusionNurses need to understand the legal issues regarding practice.It is
important to know and understand the Nurse Practice Acts in your state.Patients expect
nurses to provide safe, competent, and quality
care.*****************************************************