Chapter 2 Flashcards
The legal relationship that exists between?
Between you and your patient, it is a legal relationship because we are legally licensed
LAWS Give me definition?
prescribe proper behavior in society,
sanction ( disobeying law) acceptable behavior and prohibit unacceptable behavior
PROVIDE PROTECTION FOR ALL MEMBERS OF THE HEALTH CARE SYSTEM
What are two primary categories of law ?
Criminal Law ( involves public charged by agent that represent either federal or state governments )
Civil Law (between individuals brought individuals or agency )
Civil law and Criminal Law are established at once two things?
- Federal state and local government statutory law
- common law or case law encodes in response to specific legal questions that come before the court usually follow precedent previous ruling on the issue
Negligence refer to ?
Absence of due care and failure to act in a manner demonstrating the care and knowledge any prudent individuals wound
(term negligence and malpractice often are used interchangeably)
What example is this medication error,patient falls,use of restraints and equipment injury?
Example of negligence
Malpractice contains four key elements?
Duty- refers to established relationship between the patient and the nurse
Breach- of duty is failure to perform the duty in reasonable ,prudent manner
Harm- has occur this does not have to be physical injury
proximate cause of the harm- the occurrence breach
The legal Process?
1.The person alleged to be liable legally responsible
- This process is referred to as the deposition, witnesses are under oath
3.Once evidence has been presented to court renders verdict (decision). based on the facts of the case and the evidence and testimony present
Different by accountability and Liability legal ?
Accountability being responsible for one is own action and Liability legal responsibility legal duty of nursing
is one defends or pleads a cause or issue on behalf of other and legal and ethical obligations to safeguard the patient interest ?
Advocate
Standard Care defined ?
Acts whose performance is required,permitted , or prohibit this standard from federal and state laws , rules and regulations and codes govern and ANA
What are the four important standard Care?
- Acts that are or are not permitted to be performed
- Every nurse is obligated to know and follow the established standard care
- Gives directly to the practice nurse , defines what can do or cannot be done to patient
- Failure to adherence to the standard give rise to legal liability
Legal Issues?
1.Statutory and common law can both play important roles defining the rights of others
- Patient Bills of Right
3.Informed consent
4.Confidentiality(nurse have duty to protect information about a patient regardless of how the information is kept)
5.medical records
6.Invasion of privacy
7.Reporting Abuse (lifesaving treatment and care is a form of passive euthanasia letting a person die and medical negligence
Doctrine of informed Consent ?
Refer to full disclosure of the facts the patient needs to make an intelligent informed decision before any invasive treatment or procedure is performed
Ethics refers to?
Value that influence person behavior and individuals feeling and beliefs about what is right or wrongs