Flashcards
Chapter 7: Legal aspects
Cards in this deck (19)
- 1A law is a standard rule of conduct established and enforced by the government that is intended chiefly to protect the right of the public.Law
- 2Four sources of law: constitution, statutory , administrative, and common.Sources of law
- 3Statutory Law: enacted by a legislative body (both federal and state law)Nurse Practice Act is a statutory law
- 4Administrative Law: enacted by executive officers {the president, state governors and city mayors)Board of nursing and administrative agencies at the same level.
e.g. city board of health - 5Common Law is court made law.(The judiciary)It interprets legislation at the local , state, and national levels.
- 6Litigation: bringing and trying a lawsuitthe court system
- 7Plaintiff: the person who claims to have incurred losses as a result of an action.Defendant:
the defendant is presumed innocent until proved guilty of a crime or tort. - 8Nurse Practice Act lists the violations that can result in disciplinary actions against a nurse and also intend to prevent or unlicensed people from practicing nursing.Practicing beyond those limits make you vulnerable.
- 9Credentialing: refers to ways in which professional competence is ensured and maintained. 3 processes are used: Accreditation-process by which an educational program is evaluated and recognized as having met certain standards.2. Licensure- process by which a state determines that a candidate meets certain minimum requirements to practice as a professional nurse.
3. Certification- process by which a person who has met certain criteria established by a nongovernmental association is granted recognition in a specified practice area. - 10Both crime and tort are wrongs committed against a person or that person's property. Crime is statutory.The difference is, crime is a violation punishable by the state.
tort, is subject to action in a civil court with damages usually being settled with money.
There4 crime is serious than a tort. - 11Further claasificatn of crime: Misdemeanor: Generally not serious and punishable with a fine, less than a yr imprisonment, or with a parole.A felony, (e.g rape, murder) is punishable by imprisonment in a state or federal penitentiary for more than 1 yr.
- 12Intentional torts: Assault- a threat or an attempt to make bodily contact with another person w/o his or her consent. Battery- an assault that is carried out and includes willful, angry and violent touching of another.Tort may be intentional or unintentional.
- 13Defamation of character: an intentional tort in which one party makes derogatory remarks about another that diminishes the other's reputation2 types:
Slander is spoken defamation.
Libel is written defamation. - 14Invasion of Privacy: This protects patients confidentiality.HIPAA sees to it.
- 15Fraud: willful and purposeful misrepresentation that could cause, or has caused, loss or harm to a person or property.Intentional tort.
- 16Unintentional tort: Negligence: defined as performing an act that a reasonably prudent person under similar circumstances would not do.Conversely, failing to perform an act that a reasonably prudent person under similar circumstances would do.
An act of negligence may be an act of omission or commission. - 17liability: Involves 4 elements:duty, breach of duty, causation, and damages.
- 18fact witness: nurse who has knowledge of the actual incident.base info on only first hand knowledge and not on assumptions.
- 19Contract: An exchange of promises between two parties.contract:
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- Passaic County Community College Nursing Flashcards on Chapter 7: Legal aspects, created by Kwasi Asare-Bediako on 24/10/2017.
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- Kwasi Asare-Bediako
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