Chapter 5 Flashcards
Exam 1
Types of Law that exist:
- Criminal law
- Civil law
- Administrative law
Types of Law:
Criminal Law: What does it deal with?
Criminal law deals with offenses that are considered harmful to society as a whole.
Types of Law:
Criminal Law: What is an example of criminal law?
For example, if a nurse intentionally administers medication with the intent to harm a patient, it could be considered a criminal act such as assault or battery.
Types of Law:
Criminal Law: if a nurse intentionally administers medication with the intent to harm a patient, it could be considered a criminal act such as assault or battery.
What would happen in such cases?
In such cases, the nurse may face criminal charges, and if convicted, they may be subject to penalties such as fines or imprisonment.
Types of Law:
Administrative Law: What is it?
Administrative law governs the regulations and rules set by administrative agencies, such as state nursing boards or regulatory bodies.
Types of Law:
Administrative Law: Why are nurses subject to the administrative law?
Nurses are subject to administrative law as they must adhere to the standards and guidelines established by these regulatory bodies.
Types of Law:
Administrative Law: Nurses are subject to administrative law as they must adhere to the standards and guidelines established by these regulatory bodies.
What would violations of these regulations lead to?
Violations of these regulations can lead to disciplinary actions by the board, such as the suspension or revocation of the nurse’s license.
Types of Law:
Administrative Law: What does administrative law ensure about nurses?
Administrative law ensures that nurses practice within the set standards, maintain professional conduct, and provide quality care to protect the public’s health and safety.
Civil Cases : Typically includes what?
(Typically Including Malpractice)
Civil Cases (Typically Including Malpractice):
What occurs in this?
One individual sues another monetarily to compensate for a perceived loss.
Civil Cases (Typically Including Malpractice):
What is required for this?
Burden of proof required to be found guilty is a preponderance of the evidence.
Civil Cases (Typically Including Malpractice):
What does civil law focus on? How does it seek to resolve them?
Civil law focuses on disputes between individuals or entities and seeks to resolve them by providing compensation or enforcing specific obligations.
Civil Cases (Typically Including Malpractice):
How do nurses become involved in civil law matters?
Nurses can become involved in civil law matters if a patient or their family believes that the nurse’s actions or negligence resulted in harm or injury.
Civil Cases (Typically Including Malpractice):
Nurses can become involved in civil law matters if a patient or their family believes that the nurse’s actions or negligence resulted in harm or injury.
What can the patient or family do in these cases?
In such cases, they may file a civil lawsuit seeking damages for medical expenses, pain and suffering, or other losses.
Civil Cases (Typically Including Malpractice):
Nurses can become involved in civil law matters if a patient or their family believes that the nurse’s actions or negligence resulted in harm or injury.
In such cases, they may file a civil lawsuit seeking damages for medical expenses, pain and suffering, or other losses.
What would then happen to the nurse?
The nurse would then be involved in the legal process, which may include presenting evidence, providing testimony, and potentially being held liable for any proven negligence or wrongdoing.
Two Types of Negligence: What are they?
- Ordinary negligence
- Professional negligence (also called malpractice)
Two Types of Negligence:
Ordinary Negligence: What does it refer to?
Ordinary negligence refers to the failure to exercise reasonable care or caution that an average person would have exercised in a similar situation.
Two Types of Negligence:
Ordinary Negligence: It applies to what kind of situations?
It applies to general situations where a person’s actions or omissions result in harm or injury to another person.
Two Types of Negligence:
Ordinary Negligence: How specific is it to any profession or occupation?
This concept is not specific to any particular profession or occupation.
Two Types of Negligence:
Professional Negligence is also known as? Who does it apply to specifically?
Professional negligence, commonly referred to as malpractice, specifically applies to professionals such as doctors, nurses, lawyers, accountants, and other specialized occupations
Two Types of Negligence:
Professional Negligence: What does it involve?
It involves a failure to meet the standard of care expected within that profession, resulting in harm or injury to a patient, client, or customer.
Malpractice: What is it?
The failure of a person with professional training to act in a reasonable and prudent manner—also is called professional negligence.
Five Components Necessary for Professional Negligence
- A standard of care is in place.
- There is a failure to meet the standard of care.(=breach of duty)
- Foreseeability of harm must exist.
- There must be a provable correlation between care and harm.
- Actual patient injury must occur.
Five Components Necessary for Professional Negligence
- Standard of Care: What is it?
The minimum level of expertise that may be delivered to a patient
The conduct of a reasonably prudent nurse in similar circumstances
Nurses Risk Increased Legal Liability Due to:
What having to do with decision making?
More authority and independence in decision making
Increased legal accountability for decision making
Nurses Risk Increased Legal Liability Due to:
Doing what?
Doing more things that used to be in the realm of medical practice
Nurses Risk Increased Legal Liability Due to:
An increase in what?
Making more money
Nurses Risk Increased Legal Liability Due to:
An addition of what?
More are carrying malpractice insurance
Malpractice Insurance:
Why do nurses need malpractice insurance?
Nurses need malpractice insurance because of their expanded roles.
Malpractice Insurance:
What do injured parties do?
Injured parties will always seek damages from as many financial resources as possible.
Being Sued for Malpractice (= professional negligence)
What is NOT considered a defense for malpractice?
“Just following physician orders” is not a defense for malpractice.
Being Sued for Malpractice (= professional negligence)
What role do nurses have to safeguard patients?
Nurses have an independent responsibility to take appropriate steps to safeguard patients.