Ch 23 Flashcards
Intentional torts
Willful acts that violate another’s rights us has assault, battery, and false imprisonment
Tort
A civil wrong made against a person or property
Classified as intentional, quasi-intentional, or unintentional
Quasi-intentional torts
Acts in which intent is lacking but violation all action and direct causation occur such as in invasion of privacy and defamation of character
Unintentional tort
Includes negligence or malpractice
Oregon Death with Dignity Act (1994)
First statute that permitted physician or health care provider-assisted suicide
ANA has held that nurses participation in assisted suicide violates the
Code of ethics for nurses
Any action that places a person in apprehension of a harmful or offensive contact without consent
Assault
Any intentional touching without consent
Battery
False imprisonment
Unjustified restraint of a person without legal warrant
Invasion of privacy
Protects patient’s right to be free from unwanted intrusion into his or her private affairs
Defamation of character
Publication of false statements that result in damage to a person’s reputation
Occurs when one speaks falsely about another
Slander
Conduct that falls below a standard of care
Negligence
A type of negligence and often referred to as professional negligence.
Happens when nursing care falls below standard of care
Malpractice
Malpractice criteria
1-nurse owed a duty to the patient
2-nurse did not carry out duty
3-patient was injured
4-nurse’s failure to carry out duty caused injury
A person’s agreement to allow something to happen such as surgery or an invasive diagnostic procedure, based on a full disclosure of risks, benefits, alternatives, and consequences of refusal
Informed consent
Regulatory law or administrative law
Reflects decisions made by administrative body such as the State Board of Nursing when they pass rules and regulations
Results from judicial decisions made in courts when individual legal cases are decided
Common-law
Civil laws
Protect the rights of individuals within our society and provide for fair and equitable treatment when civil wrongs or violations occur
Criminal laws
Protect society as a whole and provide punishment for crimes, which are defined by inevitable, state, and federal legislation
Felony
A crime of a serious nature that has a penalty imprisonment for longer than one year or even death
A less serious crime that has a penalty of a fine or imprisonment for less than one year
Misdemeanor
Laws created by elected legislative bodies such as the state legislatures and the US Congress
Statutory law
Nurse practice acts
Describing to find a legal boundaries of nursing practice with in each state