Ch. 20 Legal Issues (Exam #4)

Question 1

Statutory Law

Answer 1

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.

Question 2

Defamation

Answer 2

Civil wrong in which an individual’s reputation in the community, including the professional community, has been damaged.

Question 3

Deposition

Answer 3

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.

Question 4

Diversion Program

Answer 4

Program for treatment and rehab of substance abusers.

Question 5

Expert Witness

Answer 5

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.

Question 6

Good Samaritan Law

Answer 6

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.

Question 7

Interrogatory

Answer 7

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.

Question 8

Jurisdiction

Answer 8

Court’s authority to accept and decide cases. May be based on location or subject matter of the case.

Question 9

Malpractice

Answer 9

Improper performance of professional duties; a failure to meet the standards of care, resulting in harm to another person.

Question 10

Negligence

Answer 10

Failure to act as an ordinary prudent person when such failure results in harm to another.

Question 11

Reasonable Care

Answer 11

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.

Question 12

Standard of Care

Answer 12

Set of guidelines based on various types of evidence as to what is reasonable and prudent behavior for a health care professional.

Question 13

Statutes of Limitations

Answer 13

Laws that set time limits for when a case may be filed. These limitations differ from state to state.

Question 14

Telemedicine

Answer 14

Using telecommunication technology, usually interactive, to provide medical information and services.

Question 15

Torts

Answer 15

Civil (not criminal) wrongs committed by one person against another person or property. Includes the legal principle of assault and battery.

Question 16

Whistleblower

Answer 16

Individual “on the inside” who reports incorrect or illegal activities to an agency with the authority to monitor or control those activities.

Question 17

Whistleblower Statute

Answer 17

Law that protects a whistleblower from retaliation. Usually involves specific criteria about how whistle was blown.

Question 18

Constitutional Law

Answer 18

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.

Question 19

Administrative Law

Answer 19

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.

Question 20

Common Law

Answer 20

includes decisions made by judges in court cases or is established by rules of custom and tradition.

Question 21

Case Law

Answer 21

composed of the decisions rendered in court cases by appeal courts.

Question 22

Stare Decisis

Answer 22

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.

Question 23

Felonies

Answer 23

Serious crimes that can cause perpetrator to be imprisoned.

Question 24

Misdemeanors

Answer 24

Less serious crimes resulting in fines.

Question 25

Nurse Practice Act does the following:

Answer 25

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.

Question 26

How to Protect your License

Answer 26

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.

Question 27

Impaired Nurse

Answer 27

Unable to function effectively because of some type of substance abuse. American Nurses Assoc. estimates 6-8% of nurses abuse drugs.

Question 28

NURSYS

Answer 28

Comprehensive electronic information system that includes the collection and warehousing of nurse licensing information and disciplinary actions.

Question 29

What is the most common unintentional tort action brought against nurses?

Answer 29

Malpractice Claim

Question 30

What are the Basic Elements of Malpractice?

Answer 30

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.

Question 31

Res ipsa loquitur

Answer 31

“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.

Question 32

General Damages

Answer 32

Money awared for intangibles such as pain and suffering, disfigurement, interferences with ordinary enjoyment of life, and loss of consortium.

Question 33

Special Damages

Answer 33

Patient’s out-of-pocket expenses such as medical care, lost wages, and rehab costs.

Question 34

Punitive Damages

Answer 34

Damages that seek to punish those whose conduct goes beyond normal malpractice.

Question 35

Resondeat Superior

Answer 35

“Let the Master Answer.’ Means an employer is responsible for the actions of employees performed within the course of their employment.

Question 36

Statute of Limitations

Answer 36

Law that sets a time period during which a lawsuit must be filed after an event.

Question 37

Assault

Answer 37

Nonconsensual “THREAT” of Touch.

Question 38

Battery

Answer 38

“ACTUAL” touching.

Question 39

False Imprisonment

Answer 39

Making someone wrongfully feel that he or she cannot leave a place.

Question 40

Libel

Answer 40

Means of transmitting damaging information if it is WRITTEN.

Question 41

Slander

Answer 41

ORAL or SPOKEN.