Chapter 2 Legal and Ethical Aspects of Nursing Flashcards
Laws
Prescribe how a person should act in a society
sanctions acceptable behavior and prohibit unacceptable behavior
provide protection for all members of the health care system
Criminal law
conduct in issue is offensive to society in general
conduct is detrimental to society as a whole
involves public offensive
law’s purpose is to punish for the crime and deter or prevent further crime
Civil Law
conduct violate’s a persons rights
conduct is detrimental to the individual
involves an offense that is against an individual
laws purpose is to make the aggrieved person whole again, to restore them to their previous status
What two ways are laws established?
Statutory law
Common law
Statutory law
developed by federal, state, and local governments
Common law
Developed in response to specific questions brought before the court and usually follow precedent
Malpractice
Refers to professional negligence
nursing responsibilities include actions taken as well as omitted
Must contain 4 key elements
duty
breach
harm
proximate cause of harm
Civil litigation
lawsuit in a civil court
begins when the plaintiff contacts an attorney
Plaintiff
the complaining party
complaint
statement by the plaintiff
written and filed in the appropriate court
states the fact and outlines the damages
defendant
states that facts involved in the legal issued raised and outlines the damages
the person who is allegedly liable
Damages
compensation sought by the plaintiff
Summons
court order that notifies the defendant of the legal action
Answer
detailed response to the charges outlined in the complaint
usually prepared and filed by an attorney hired by the defendant
will either admit or deny any or all of the allegations made in the complaint
Discovery
pretrial process allowing both sides to interview witnesses and or look at documents
Deposition
out- of - court statements made by a witness under oath
interrogatories
written questions that must be answered in writting
verdict
decision made after the evidence has been presented
appeal
request to a review of the decision
may be filed by either party
criminal trial
defendant is arrested for a crime against the people
people’s attorney and the defendant’s attorney present their cases in court
the judge or jury then dliberates
Deliberation results in a verdict
guilty
not guilty
Two types of advance directives
living wills
durable power of attorney
Do Not Resuscitate orders
the patient is usually incapacitated with little hope of recovery
health care provider will consult with the family before writing a dnr order
nurse has the duty to follow the order
