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NCM 101 / 103 > 101 ETHICO-LEGAL > Flashcards

101 ETHICO-LEGAL Flashcards

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1
Q

governed by many legal concepts

A

nursing practice

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2
Q

is an essential concept of professional nursing practice and the law

A

accountability

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3
Q

two reasons why the knowledge of laws regulate and affect nursing practice

A
  1. to ensure that the nurse’s decisions and actions are consistent with current legal principles
  2. to protect the nurse from liability
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4
Q

can be defined as “the sum total of rules and regulations by which a society is governed

A

law

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5
Q

is created by people and exists to regulate all persons

A

law

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6
Q

sources of law

A

constitutional law, legislation (statutory law), administrative law, common law

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7
Q

it establishes the general organization of the federal government, grants certain powers to the government, and places limits on what federal and state governments may do

A

constitutional law

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8
Q

creates legal rights and responsibilities and is the foundation for a system of justice

A

constitution

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9
Q

laws made by the this branch of government that are designed to declare, command or prohibit

A

legislation (statutory law)

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10
Q

when a state legislature passes a statute, an administrative agency is given the authority to create rules and regulations to enforce the statutory laws

A

administrative law

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11
Q

laws evolving from court decisions

A

common law

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12
Q

law that is is continually being adapted and expanded

A

common law

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13
Q

in deciding specific controversies, courts generally adhere to the doctrine of _

A

stare decisis “to stand by things decided”

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14
Q

types of law

A

public law, private (civil) law,

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15
Q

refers to the body of law that deals with relationships between individuals and the government and governmental agencies

A

public law

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16
Q

is an important segment of public law, which deals with actions against the safety and welfare of the public

A

criminal law

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17
Q

examples of public law

A

homicide, manslaughter, theft

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18
Q

crimes can be classified as either

A

felonies or misdemeanors

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19
Q

is the body of law that deals with relationships among private individuals

A

private or civil law

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20
Q

private or civil law can be categorized into variety of legal specialties such as _

A

contract law and tort law

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21
Q

a law that involves the enforcement of agreements among private individuals or the payment of compensation for failure to fulfill the agreements

A

contract law

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22
Q

a law that defines and enforces duties and rights among private individuals that are not based on contractual agreements

A

tort law

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23
Q

examples of tort laws applicable to nurses

A

negligence, malpractice, invasion of privacy, assault, battery

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24
Q

kinds of legal actions

A

civil actions, criminal actions

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25
Q

an action that deals with the relationships among individuals in society

A

civil action

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26
Q

example: a man may file a suit against a person who he
believes cheated him

A

civil action

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27
Q

an action that deals with disputes between an individual and the society as a whole

A

criminal action

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28
Q

example: if a man shoots a person, society brings him to trial

A

criminal action

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29
Q

if found guilty in a civil action, such as malpractice, the defendant will have to what?

A

pay a sum of money

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30
Q

if found guilty in a criminal action, the defendant may what?

A

lose money, be jailed, or be executed and, if a nurse, could lose his or her license

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31
Q

the action of a lawsuit is called

A

litigation

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32
Q

lawyers who participate in lawsuits may be referred to as

A

litigators

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33
Q

primarily functions to settle disputes peacefully and in accordance with the law

A

civil judicial process

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34
Q

has strict procedural rules

A

lawsuit

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35
Q

document is called a

A

complain

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36
Q

person filed a complaint is a

A

plaintiff

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37
Q

the one who claims that his or her legal rights have been infringed on by one or more other persons or entities

A

defendants

38
Q

made by defendants, a written response

A

answer

39
Q

both parties engage in pretrial activities

A

discovery

40
Q

the judge renders a _, or the jury renders a _

A

decision, verdict

41
Q

how many members are the jury

A

12

42
Q

a nurse may be called to testify in a legal action

A

nurses as witnesses

43
Q

it is advisable that any nurse who is asked to testify in such a situation seek the advice of an attorney before providing testimony

A

nurses as witnesses

44
Q

is the basis of the relationship between a nurse and an employer

A

contract

45
Q

is an agreement between two or more competent persons, on sufficient consideration (remuneration), to do or not to do some lawful act

A

contract

46
Q

can be written or oral

A

contract

47
Q

is the quality or state of being legally responsible for one’s obligations and actions and for making financial restitution for wrongful acts

A

liability

48
Q

it refer to the nurse’s duty of care, that is, duty to render care, established by the presence of an expressed or implied contract

A

contractual obligations

49
Q

refer to the nurse’s duty of care, that is, duty to render care, established by the presence of an expressed or implied contract

A

contractual relationship

50
Q

this type of legal relationship creates the ancient legal doctrine
known as

A

respondeat superior ( “let the master answer”)

51
Q

is a privilege or fundamental power to which an individual is entitled unless it is revoked by law or given up voluntarily

A

right

52
Q

is the obligation associated with a right

A

responsibility

53
Q

is the formalized decision-making process between representatives of management (employer) and representatives of labor (employee) to negotiate wages and conditions of employment, including work hours, working environment, and fringe benefits of employment

A

collective bargaining

54
Q

through a written agreement, both management and
employees legally commit themselves to observe the terms and conditions of employment

A

collective bargaining

55
Q

is an organized work stoppage by a group of employees to express a grievance, enforce a demand for changes in conditions of employment, or solve a dispute with management

A

strike

56
Q

is a violation of the individual’s rights and form of discrimination

A

sexual harassment

57
Q

two types of advance health care directives

A

living will and the health care proxy or surrogate

58
Q

provide specific instructions about what medical treatment the client chooses to omit or refuse in the event that the client is unable to make those decisions

A

living will

59
Q

is a notarized or witnessed statement appointing someone else to manage health care treatment decisions when the
client is unable to do so

A

health care proxy

60
Q

is an examination of the body after death and is performed only in certain cases

A

autopsy or postmortem examination

61
Q

autopsy must be performed within

A

48 hrs of admission to a hospital

62
Q

formal determination of death, or pronouncement, must be performed by a physician, a coroner, or a nurse

A

certification of death

63
Q

DNR

A

do not resuscitate

64
Q

is generally written when the client or proxy has expressed the wish for no resuscitation in the event of a respiratory or cardiac arrest

A

DNR order

65
Q

is written to indicate that the goal of treatment is a comfortable, dignified death and that further life-sustaining measures are not indicated

A

DNR order

66
Q

is the act of painlessly putting to death persons suffering from
incurable or distressing disease

A

euthanasia

67
Q

“mercy killing”

A

euthanasia

68
Q

is a legal inquiry into the cause or manner of a death

A

inquest

69
Q

inquest is conducted under the jurisdiction of a _

A

coroner or medical examiner

70
Q

is an act committed in violation of public (criminal) law and punishable by a fine or imprisonment

A

crime

71
Q

is a crime of a serious nature, such as murder, punishable by a
term in prison

A

felony

72
Q

is an offense of a less serious nature and is usually punishable by a fine or short-term jail sentence, or both

A

misdemeanor

73
Q

is a civil wrong committed against a person or a person’s property

A

tort

74
Q

usually litigated in court by civil action between individuals

A

tort

75
Q

tort may be classified as _

A

unintentional or intentional

76
Q

examples of unintentional torts

A

negligence and malpractice

77
Q

is misconduct or practice that is below the standard expected of an ordinary, reasonable, and prudent person

A

negligence

78
Q

involves extreme lack of knowledge, skill, or decision making that the person clearly should have known would put others at risk for harm

A

gross negligence

79
Q

is “professional negligence,” that is, negligence that occurred while the person was performing as a professional

A

malpractice

80
Q

can be described as an attempt or threat to touch another person unjustifiably

A

assault

81
Q

is the willful touching of a person (or the person’s clothes or even something the person is carrying) that may or may not cause harm

A

battery

82
Q

is the “unjustifiable detention of a person without legal warrant to confine the person“

A

false imprisonment

83
Q

is a direct wrong of a personal nature

A

invasion of privacy

84
Q

is communication that is false, or made with a careless disregard for the truth, and results in injury to the reputation of a person

A

defamation

85
Q

is a defamation by means of print, writing, or pictures

A

libel

86
Q

is defamation by the spoken word, stating unprivileged (not
legally protected) or false words by which a reputation is damaged

A

slander

87
Q

are laws designed to protect health care providers who provide assistance at the scene of an emergency against claims of malpractice unless it can be shown that there was a gross departure from the normal standard of care or willful wrongdoing on their part

A

good samaritan acts

88
Q

is a major legal safeguard for nurses

A

competent practice

89
Q

is a legal document and can be produced in court as evidence

A

client’s medical chart

90
Q

is an agency record of an accident or unusual occurrence

A

incident report

NCM 101 / 103 (3 decks)

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