Chapter 12 Flashcards
consists of ever-changing rules and regulations created by congress, legislators, local governments & constitutional law
Statutory law
Individuals who develop expertise on proposed legislation and learn to present that information to legislators clearly and concisely
lobbyists
When rules are adopted they become ____ within a set period of time
administrative/regulatory law
Law established from court decisions
case law
Example: a nurse’s obligation to practice as a reasonably prudent nurse is a legal obligation
case law
___ law is both criminal and civil
case
involves relationships between individuals or between individuals and the government
civil law
Tort and contract laws are common nursing examples of:
civil law
a wrongful act that is committed against another person or property that results in harm
tort
the threat of bodily harm to another
assault
actual bodily harm to another person without permission
battery
a violation of the personal liberty of another person through unlawful restraint
false imprisonment
damage caused to a person’s reputation the written or spoken word
defamation
deceitful practice
fraud
the unauthorized publicity of information about a patient
invasion of privacy
A person with complex knowledge beyond the general knowledge of most people in the court or on the jury
expert witness
protects society from the harmful acts of others
criminal law
misdemeanors in nursing:
theft, traffic violations, disturbing the peace
Felonies in nursing:
murder, rape, robbery, practicing without a license, drug charges
legal obligation that is owed or due to another that needs to be satisfied
duty
common law rules that mandate certain conduct
statutes
Evidence of standards of care used in court:
statutes, agency regulations, accreditation standards, facility documents, manufacturer’s instructions, nursing literature, expert testimony
The failure to act as a reasonably prudent person would have acted in a specific situation
negligence
the failure of a professional to use such case as a reasonably prudent member of the profession would use under similar circumstances, which leads to harm
malpractice
Doctrine establishing that the facility is also responsible if the nurse was acting as an employee at the time of the crime
respondeat superior
