Chapter 2 Legal and Ethical Aspects of Nursing

Question 1

Laws

Answer 1

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

Question 2

Criminal law

Answer 2

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

Question 3

Civil Law

Answer 3

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

Question 4

What two ways are laws established?

Answer 4

Statutory law

Common law

Question 5

Statutory law

Answer 5

developed by federal, state, and local governments

Question 6

Common law

Answer 6

Developed in response to specific questions brought before the court and usually follow precedent

Question 7

Malpractice

Answer 7

Refers to professional negligence

nursing responsibilities include actions taken as well as omitted

Question 8

Must contain 4 key elements

Answer 8

duty
breach
harm
proximate cause of harm

Question 9

Civil litigation

Answer 9

lawsuit in a civil court

begins when the plaintiff contacts an attorney

Question 10

Plaintiff

Answer 10

the complaining party

Question 11

complaint

Answer 11

statement by the plaintiff
written and filed in the appropriate court
states the fact and outlines the damages

Question 12

defendant

Answer 12

states that facts involved in the legal issued raised and outlines the damages
the person who is allegedly liable

Question 13

Damages

Answer 13

compensation sought by the plaintiff

Question 14

Summons

Answer 14

court order that notifies the defendant of the legal action

Question 15

Answer

Answer 15

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

Question 16

Discovery

Answer 16

pretrial process allowing both sides to interview witnesses and or look at documents

Question 17

Deposition

Answer 17

out- of - court statements made by a witness under oath

Question 18

interrogatories

Answer 18

written questions that must be answered in writting

Question 19

verdict

Answer 19

decision made after the evidence has been presented

Question 20

appeal

Answer 20

request to a review of the decision

may be filed by either party

Question 21

criminal trial

Answer 21

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

Question 22

Deliberation results in a verdict

Answer 22

guilty

not guilty

Question 23

Two types of advance directives

Answer 23

living wills

durable power of attorney

Question 24

Do Not Resuscitate orders

Answer 24

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