5.1 Legal Aspects of Nursing Flashcards
1
Q
Litigation
A
- The process of bringing a lawyer and trying a lawsuit
2
Q
Plaintiff
A
- The person who is brining up the lawsuit (accuser)
3
Q
Defendant
A
- The person being accused for the wrongdoing
4
Q
Negligence
A
- Doing something or failing to do something that a reasonable nurse would or would not do in the same situation.
- Failure to meet acceptable standards of nursing competence and nursing scope of practice
5
Q
Malpractice
A
- Nurse does not competently preform their duties and their error harms the patient.
6
Q
Public Law
A
- Government is directly involved in legal proceedings.
- Regulates relationships between individuals and the government
7
Q
Private Law (Civil Law)
A
- Regulate law between 2 people
- This includes malpractice and negligence
8
Q
Criminal Law
A
- Concerns state and federal criminal statues
9
Q
Statutory Law
A
- Created by state legislator and congress
10
Q
Common Law
A
- Created by judicial decisions in court
11
Q
Regulatory Law
A
- Created by state board of nursing
12
Q
Advanced Directives
A
- Living wills and power of attorney
- Includes DNR and right to refuse treatment
13
Q
Public Laws
A
- Reporting of suspected neglect/abuse and communicable diseases
14
Q
Determination of Death Law
A
- Specifies who can determine the death of the patient
15
Q
General Consent
A
- Given when entering the hospital and gives consent for vitals, assessments and following physician’s orders.
16
Q
Informed Consent
A
- Transfusions
- Chest Tubes
- Central Lines
- Surgery
Nurses Responsibility
- Witness patient signature
- Affirm signature is authentic, patient appears competent, and willingly gave consent.
Categories of Consent
- Completeness
- Comprehension
- Voluntariness
- Competence
- You must make sure your patient is fully informed.
17
Q
Fiduciary Duty
A
- You must behave honestly and truthfully and have the best interest of the client in your mind.
18
Q
Unintentional Torts
A
- Negligence and Malpractice
1 - Nurse owes a duty to the patient
2 - There was a breach of this duty
3 - Patient suffered harm
4 - Nurses failure to carry out their duty was the cause of the harm
19
Q
Intentional Tort
A
Violation of Civil Law
- Assault/Battery
- Invasion of privacy
- False imprisonment
- Slander
- Fraud
