Ch. 20 Legal Issues (Exam #4) Flashcards
Statutory Law
Covers the the rules for our relationships with one another and can be viewed as the written ethics for our society. Nurse Practice Acts are examples of state statutory laws and administrative rules.
Defamation
Civil wrong in which an individual’s reputation in the community, including the professional community, has been damaged.
Deposition
Out-of-court oral testimony given under oath before a court reporter. Purpose is to enable attorneys to ask questions and receive answers related to a case. Deposition process involves expert witnesses, fact witnesses, defendants, or plaintiffs.
Diversion Program
Program for treatment and rehab of substance abusers.
Expert Witness
Person who has specific knowledge, skills, and experience regarding a specific area and whose testimony will be allowed in court to prove the standard of care.
Good Samaritan Law
Law that provides civil immunity to professionals who stop and render care in an emergency. Care rendered cannot be done in a grossly negligent manner.
Interrogatory
Process of discovering the facts regarding a case through a set of written questions exchanged through the attorneys representing the parties involved in the case.
Jurisdiction
Court’s authority to accept and decide cases. May be based on location or subject matter of the case.
Malpractice
Improper performance of professional duties; a failure to meet the standards of care, resulting in harm to another person.
Negligence
Failure to act as an ordinary prudent person when such failure results in harm to another.
Reasonable Care
level of care or skill that is customarily rendered by a competent health care worker of similar education and experience in providing services to an individual in the community or state in which the person is practicing.
Standard of Care
Set of guidelines based on various types of evidence as to what is reasonable and prudent behavior for a health care professional.
Statutes of Limitations
Laws that set time limits for when a case may be filed. These limitations differ from state to state.
Telemedicine
Using telecommunication technology, usually interactive, to provide medical information and services.
Torts
Civil (not criminal) wrongs committed by one person against another person or property. Includes the legal principle of assault and battery.
Whistleblower
Individual “on the inside” who reports incorrect or illegal activities to an agency with the authority to monitor or control those activities.
Whistleblower Statute
Law that protects a whistleblower from retaliation. Usually involves specific criteria about how whistle was blown.
Constitutional Law
Refers to the rights, privileges, and responsibilities that were stated in, or have been inferred from, the U.S. Constitution, including the Bill of Rights.
Administrative Law
Body of law is made by administrative agencies that have been granted the authority to pass rules and regulations and render opinions, which usually explain in more detail the state statutes on a particular subject. Examples are Rules and Regulations passed by boards of nursing to control nursing practice in each state.
Common Law
includes decisions made by judges in court cases or is established by rules of custom and tradition.
Case Law
composed of the decisions rendered in court cases by appeal courts.
Stare Decisis
If an issue has been decided, all other cases concerning the same issue should be decided the same way. Another word for this is Precedent.
Felonies
Serious crimes that can cause perpetrator to be imprisoned.
Misdemeanors
Less serious crimes resulting in fines.
Nurse Practice Act does the following:
License obtainment, License Renewal, Education Requirements for license, Scope of Practice for each level of nursing practice, Process of how nurses are selected, Describes circumstances of how a license can be revoked/suspended, Process of disciplinary actions, Outlines appeal steps for nursing disciplinary actions.
How to Protect your License
Don’t let anyone borrow, no copying license (unless you write copy on the license), Report ASAP if lost, Check to make sure your good standing at Board of Nursing (in case of identity theft), Let BON know if you change address, Stay within Scope of Practice, Meet all renewal requirements on time.
Impaired Nurse
Unable to function effectively because of some type of substance abuse. American Nurses Assoc. estimates 6-8% of nurses abuse drugs.
NURSYS
Comprehensive electronic information system that includes the collection and warehousing of nurse licensing information and disciplinary actions.
What is the most common unintentional tort action brought against nurses?
Malpractice Claim
What are the Basic Elements of Malpractice?
There must be a professional Nurse-Patient relationship (Duty), You must have fallen below standard of care for a nurse (Breached Duty), Your breach of duty must have been a foreseeable cause of the injury, damages or injury must have occurred.
Res ipsa loquitur
“The thing speaks for itself.” This is a type of malpractice case in which an expert witness is not required. This claim is very difficult to prove, because the patient (or plaintiff) must have enough evidence for proof. This is why usually an expert witness is called to testify.
General Damages
Money awared for intangibles such as pain and suffering, disfigurement, interferences with ordinary enjoyment of life, and loss of consortium.
Special Damages
Patient’s out-of-pocket expenses such as medical care, lost wages, and rehab costs.
Punitive Damages
Damages that seek to punish those whose conduct goes beyond normal malpractice.
Resondeat Superior
“Let the Master Answer.’ Means an employer is responsible for the actions of employees performed within the course of their employment.
Statute of Limitations
Law that sets a time period during which a lawsuit must be filed after an event.
Assault
Nonconsensual “THREAT” of Touch.
Battery
“ACTUAL” touching.
False Imprisonment
Making someone wrongfully feel that he or she cannot leave a place.
Libel
Means of transmitting damaging information if it is WRITTEN.
Slander
ORAL or SPOKEN.
