Flashcards
Chapter 7: Legal Dimensions of Nursing Practice Vocabulary
Flashcards do conjunto (32)
- 1public lawthe government is involved directly. regulates relationships between people and the government.
- 2private law / civil lawregulates relationships among people
- 34 sources of lawsconstitution, statutory, administrative and common law
- 4constitutionsfederal 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
- 5statutory lawmust be in keep w/both the federal/state constitution, Nurse Practice Acts are an example
- 6administrative lawexecutive officers administer agencies that are responsible for law enforcement, make administrative rules/regulations which are enforceable. Board of Nursing are an example
- 7common lawcourt-made law. most law involving malpractice is common law.
- 8stare 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
- 9plaintiffthe person or government who claims to have incurred losses as a result of an action by a defendant
- 10appellate courthears 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.
- 113 processes used for credentialing in nursingaccreditations, licensure, certification
- 12NLCgoverns the multi-state nurse licensure model. u must legally reside in an NLC state to be eligible
- 13crimeviolation punishable by the state
- 14tortsubject to action in a civil court w/damages usually being settled w/money
- 15unintentional tortsnegligence
- 16assaultis a threat or an attempt to make bodily contact w/another person w/out that person's consent
- 17batteryan 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
- 18slanderspoken defemation
- 19libelwritten defemation
- 20liability involves 4 elements that must be establishedduty, breach of duty, causation, damages
- 21dutyan obligation to use due care (what a reasonably prudent nurse would do)
- 22breach of dutyfailure to meet the standard of care
- 23causationshows 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
- 24damagesthe actual harm or injuring resulting to the patient. i.e. fractured left hip as a result of a fall
- 25"claims me" insuranceif the nurse is no longer working at the facility or the facility closes, the nurse is not covered when a claim is filed
- 26good samaritan lawsdesigned to protect health practioners when they give aid to people in emergency situations
- 27testatorperson who makes a will
- 28checklist to ensure informed consentdisclosure, comprehension, competence and voluntariness
- 29checklist to ensure informed consent: disclosurepatient has been informed of the nature of the procedure, risks & benefits, alternatives and fact that no outcomes can be guarnteed
- 30checklist to ensure informed consent: comprehensionpatient can correctly repeat in his/her own words what they are giving consent for
- 31checklist to ensure informed consent: competencepatient 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
- 32checklist to ensure informed consent: voluntarinesspatient is voluntarily consenting or refusing
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- Descrição
- Unit I: Foundations of Nursing Practice Chapter 7: Legal Dimensions of Nursing Practice Vocabulary
- Criado por
- Alexandra Bozan
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