ch 7 legal dimensions of nursing practice

Question 1

constitutions

Answer 1

serve as guides to legislative bodies

Question 2

statutory law

Answer 2

enacted by a legislative body

Question 3

administrative law

Answer 3

empowered by executive officers

Question 4

common law

Answer 4

judiciary system reconciles controversies, creates body of common law

Question 5

litigation

Answer 5

process for bringing and trying a lawsuit

Question 6

plaintiff

Answer 6

person bringing suit

Question 7

defendant

Answer 7

person being accused of a crime, presumed innocent until proven guilty

Question 8

Standards of practice

Answer 8

-ANA’s Scope and Standards of Practice
-Voluntary standards, set by professional organizations
-Used as guidelines for peer review

Question 9

credentialing

Answer 9

the ways in which professional competence is ensured and maintained

Question 10

accreditation

Answer 10

the process by which an educational program is evaluated and recognized as having met certain standards

Question 11

licensure

Answer 11

the process by which a state determines that a candidate meets certain minimum req to prac in a profession and grants a license to do so

Question 12

certification

Answer 12

the process by a person who has met certain criteria established by an an nongovernmental association is granted recognition in a specified prac area

Question 13

misdemeanor

Answer 13

punishable by fines or <1 yr imprisonment

Question 14

felony

Answer 14

punishable by imprisonment for >1 yr

Question 15

torts

Answer 15

-civil wrong that has been committed against and individual
-similar to crime, but tried in civil court
-intentional (w ill intent) vs unintentional

Question 16

in order to prove negligence/malpractice has occurred, have to establish…

Answer 16

liability

Question 17

liability 4 elements:

Answer 17

-duty
-breach of duty
-causation
-damages

Question 18

malpractice litigation

Answer 18

usually one of 3 outcomes occur:
-all parties work toward a fair settlement
-case is presented to a malpractice arbitration panel
-case is brought to trial court

Question 19

roles of nurses in legal proceedings

Answer 19

-defendant: person accused of crime
-fact witness: they have personal knowledge of either the incident that underlies the lawsuit or the persons involved
-expert witness: person with specialized knowledge, skills, education, or experience in a particular field who is called upon to provide their expertise in legal proceedings to assist the court with understanding complex technical or scientific issues