11027078
Description
Flashcards by Alexandra Bozan, updated more than 1 year ago
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Created by Alexandra Bozan
over 6 years ago
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| Question | Answer |
| public law | the government is involved directly. regulates relationships between people and the government. |
| private law / civil law | regulates relationships among people |
| 4 sources of laws | constitution, statutory, administrative and common law |
| constitutions | federal and state constitutions indicate how the federal/state govt are created. they give authority & state the principles & provisions for establishing specific laws. relatively few of them, serve as guides to legislative bodies |
| statutory law | must be in keep w/both the federal/state constitution, Nurse Practice Acts are an example |
| administrative law | executive officers administer agencies that are responsible for law enforcement, make administrative rules/regulations which are enforceable. Board of Nursing are an example |
| common law | court-made law. most law involving malpractice is common law. |
| stare decisis | "let the decision stand" after a decision has been made in a court of law, the principle if that decision becomes the rule to follow in other similar cases. the first case that sets down the rule is called the precedent |
| plaintiff | the person or government who claims to have incurred losses as a result of an action by a defendant |
| appellate court | hears only cases questioning a point of law decided by the trial court. No witnesses testify. The opinions of appellate judges are published and become common law. |
| 3 processes used for credentialing in nursing | accreditations, licensure, certification |
| NLC | governs the multi-state nurse licensure model. u must legally reside in an NLC state to be eligible |
| crime | violation punishable by the state |
| tort | subject to action in a civil court w/damages usually being settled w/money |
| unintentional torts | negligence |
| assault | is a threat or an attempt to make bodily contact w/another person w/out that person's consent |
| battery | an assault that is carried out and includes willful, angry, and violent or negligent touching of another person's body or clothes or anything attached to or held by that person |
| slander | spoken defemation |
| libel | written defemation |
| liability involves 4 elements that must be established | duty, breach of duty, causation, damages |
| duty | an obligation to use due care (what a reasonably prudent nurse would do) |
| breach of duty | failure to meet the standard of care |
| causation | shows that the failure to meet the standard of care actually caused the injury (most difficult to prove) i.e. failure to use appropriate safety measures causes a patient to fall |
| damages | the actual harm or injuring resulting to the patient. i.e. fractured left hip as a result of a fall |
| "claims me" insurance | if the nurse is no longer working at the facility or the facility closes, the nurse is not covered when a claim is filed |
| good samaritan laws | designed to protect health practioners when they give aid to people in emergency situations |
| testator | person who makes a will |
| checklist to ensure informed consent | disclosure, comprehension, competence and voluntariness |
| checklist to ensure informed consent: disclosure | patient has been informed of the nature of the procedure, risks & benefits, alternatives and fact that no outcomes can be guarnteed |
| checklist to ensure informed consent: comprehension | patient can correctly repeat in his/her own words what they are giving consent for |
| checklist to ensure informed consent: competence | patient understands the information needed to make this decision, is able to reason in accord with a relatively consistent set of values, & can communicate a preference |
| checklist to ensure informed consent: voluntariness | patient is voluntarily consenting or refusing |
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