Chapter 7: Legal Dimensions of Nursing Practice

Question 1

accreditation

Answer 1

process by which an educational program is evaluated and then recognized as having met certain predetermined standards of education

Question 2

assault

Answer 2

threat or an attempt to make bodily contact with another person without that persons permission

Question 3

battery

Answer 3

assault that is carried out

Question 4

certification

Answer 4

process by which a person who has met certain criteria established by a nongovernmental association is granted recognition

Question 5

credentialing

Answer 5

general term that refers to ways in which professional competence is maintained

Question 6

crime

Answer 6

offense aginst people or property; the act is considered to be against the govt, referred to in a lawsuit as “the people” and the accused is prosecuted by the state

Question 7

defamation of character

Answer 7

an intentional tort in which one party makes derogatory remarks about another that diminshes the other partys reputation; slander is oral defamation of character, libel is written defamation of character

Question 8

defendant

Answer 8

the one being accused of ta crime or tort

Question 9

expert witness

Answer 9

nurse who explains to the judge and jury what happened based on the patients record and who offers an opinion as to whether the nursing care met acceptable standards of practice

Question 10

fact witness

Answer 10

nurse who has knowledge of the actual incident promting a legal case, bases testimony on firsthand knowledge of the incident, not on assumptions

Question 11

felony

Answer 11

1. crime punishable by imprisonment in a state or federal penitentiary for more than 1 year 2. crime of greater offense than a misdemeanor

Question 12

fraud

Answer 12

willful and purposeful misrepresentation that could cause of has caused loss or harm to people or property

Question 13

incident report

Answer 13

a report of any event that is not consistent with the routine opeation of the health care facility that results in or has the potential in harm to a pt, employee or visitor

Question 14

law

Answer 14

rule of conduct established and enforced by the government of a society

Question 15

liability

Answer 15

legal responsibility for ones acts (and failure to act) includes responsibility for financial restitution of harms resulting from negligent acts

Question 16

licensure

Answer 16

to be given a license to practice nursing in a state or province after successfully meeting requirements

Question 17

litigation

Answer 17

process of lawsuit

Question 18

malpractice

Answer 18

act of negligence as applied to a professional person such as a physician, nurse, or dentist

Question 19

misdemeanor

Answer 19

crime of lesser offense than a felony and punishable by fines, imprisonment (usually less than 1 year) or both

Question 20

plaintiff

Answer 20

person or government bringin a lawsuit against another

Question 21

negligence

Answer 21

performing an act that a reasonably prudent person under similar circumstances would not do, or failing to perform an act that a reasonably prudent person under similar circumstances would do

Question 22

root cause analysis

Answer 22

deep investigation into a sentinel event to determine why the event occurred, and exploring the circumstances that led to it to determine where improvements can be made

Question 23

sentinel event

Answer 23

an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof

Question 24

statutory law

Answer 24

law enacted by a legistlative body

Question 25

tort

Answer 25

wrong committed by a person against another person or that persons property

Question 26

whistle-blowing

Answer 26

term generally used to refer to employees who report their employers violation of the law to appropriate law enforcement agencies outside the employers facilities