ETHICO LEGAL

Question 1

Can be defined as “the sum total of rules and regulations by which a society is governed ; is created by people and exists to regulate all persons“ (Guido, 2014).

Answer 1

law

Question 2

it provides a framework for establishing which nursing actions in the area of clients are legal ; differentiates nurse’s responsibilities ; establish boundaries ; assists in maintaining a standard of nursing practice

Answer 2

law

Question 3

It establishes the general organization of the federal
government, grants certain powers to the government,
and places limits on what federal and state governments
may do ; foundation for a system of justice

Answer 3

constitutional law

Question 4

creates legal rights and responsibilities and is the foundation for a system of justice.

Answer 4

constitution

Question 5

these laws are designed to declare, command, or prohibit

Answer 5

legislation / statutory law

Question 6

When a state legislature passes a statute, an administrative agency is given the authority to create rules and regulations to enforce the statutory laws.

Answer 6

administrative law

Question 7

these laws evolve from court decisions ; continually being adapted and expanded

Answer 7

common law

Question 8

meaning of stare decisis

Answer 8

to stand by things decided

Question 9

what are the 4 sources of law?

Answer 9

constitutional
legislation/statutory law
administrative law
common law

Question 10

this refers to the body of law that deals with relationships between individuals and the government and its agencies

Answer 10

public law

Question 11

this is an important segment of public law ; it deals with actions against safety and welfare of the public

Answer 11

criminal law

Question 12

crimes can be classified as either __ or __

Answer 12

felonies or misdemeanors

Question 13

it is the body of law that deals with relationships among private individuals

Answer 13

private law or civil law

Question 14

what are the 2 categories of private law?

Answer 14

contract
tort

Question 15

this is a type of private law where it involves the enforcement of agreements among private individuals or the payment of compensation for failure to fulfill the agreements

Answer 15

contract law

Question 16

this is a type of private law where it defines and enforces duties and rights among private individuals that are not based on contractual agreements

Answer 16

tort law

Question 17

examples of this law include negligence, malpractice, invasion of privacy, and assault and battery

Answer 17

tort law

Question 18

what are the 2 types of laws

Answer 18

public
private

Question 19

it is a legal action that deals w/ the relationships among individuals in society ; ex. filing a suit against a person who cheated

Answer 19

civil actions

Question 20

it is a legal action that deals w/ disputes between an individual and the society as a whole ; ex. shooting a person brings him to trial

Answer 20

criminal actions

Question 21

the major difference between civil and criminal law is the __ for the defendant

Answer 21

potential outcome

Question 22

if found guilty in a civil action such as malpractice, the defendant will have to pay __

Answer 22

money

Question 23

if found guilty in a __ action. the defendant may lose money, be jailed, or be executed, or lose his license

Answer 23

criminal action

Question 24

what are the 2 kinds of legal actions

Answer 24

civil
criminal

Question 25

primarily functions to settle disputes peacefully and in accordance with the law.

Answer 25

judicial process

Question 26

a document is called a

Answer 26

complaint

Question 27

the person filing the complaint is called the __

Answer 27

plaintiff

Question 28

the plaintiff claims that his or her legal rights have been infringed on by one or more other persons referred to as

Answer 28

defendants

Question 29

a written response made by the defendants is called an __

Answer 29

answer

Question 30

in the __ of the case, all relevant facts are presented to a jury or only to a judge

Answer 30

trial

Question 31

the judge renders a __

Answer 31

decision

Question 32

the jury renders a __

Answer 32

verdict

Question 33

if the outcome is not acceptable to one of the parties, an __ is made for another trial

Answer 33

appeal

Question 34

the jury consists of how many members of the public?

Answer 34

12

Question 35

what do you call the informal chairperson and spokesperson for the jury?

Answer 35

foreman

Question 36

is the basis of the relationship between a nurse and an employer ; an agreement between two or more competent persons ; may be written or oral

Answer 36

contract

Question 37

this type of contract is equaly binding as a written contract

Answer 37

oral contract

Question 38

this type of contract cannot be changed legally by an oral agreement

Answer 38

written contract

Question 39

it is the quality or state of being legally responsible for one's obligation and actions and for making financial restitution for wrongful acts

Answer 39

liability

Question 40

refer to the nurse's duty of care established by the presence of an expressed or implied contract

Answer 40

contractual obligations

Question 41

these vary among practice setting

Answer 41

contractual relationships

Question 42

contractual relationships create the ancient legal doctrine known as

Answer 42

respondeat superior which means let the master answer

Question 43

The rights and responsibilities of the nurse in the role of __ are the same as those of any individual under the legal system.

Answer 43

a citizen

Question 44

protect clients from harm and ensure consideration for their personal property rights, rights to privacy, confidentiality, and other rights.

Answer 44

rights of citizenship

Question 45

it is a privilege or fundamental power to which an individual is entitled unless it is revoked by law or given up voluntarily

Answer 45

right

Question 46

it is the obligation associated with a right

Answer 46

responsibility

Question 47

the formalized decision-making process between representatives of management (employer) and representatives of labor (employee) to negotiate wages and conditions of employment, including work hours, working environment, and fringe benefits of employment.

Answer 47

collective bargaining

Question 48

is an organized work stoppage by a group of employees to express a grievance, enforce a demand for changes in conditions of employment, or solve a dispute with management

Answer 48

strike

Question 49

it is a violation of the individual's rights and a form of discrimination ; defined as unwelcome sexual advances

Answer 49

sexual harassment

Question 50

what are the 2 types of advance health care directives

Answer 50

living will health care proxy or surrogate

Question 51

it provides specific instructions about what medical treatment the client chooses to omit or refuse (e.g., ventilatory support) in the event that the client is unable to make those decisions

Answer 51

living will

Question 52

also referred to as a durable power of attorney for health care, is a notarized or witnessed statement appointing someone else (e.g., a relative or trusted friend) to manage health care treatment decisions when the client is unable to do so.

Answer 52

health care proxy

Question 53

it is an examination of the body after death ; perfomed only in certain cases ; organs and tissues are examined to establish cause of death

Answer 53

autopsy or postmortem examination

Question 54

must be performed by a physician, a coroner (a public official, not necessarily a physician, appointed or elected to inquire into the causes of death, when appropriate), or a nurse ; signed by the attending physician and filed with a local health office

Answer 54

certification of death

Question 55

these are ordered for clients who are in a stage of terminal, irreversible illness of expected death ; written when the client has expressed the wish for no resuscitation in the event of respi or cardiac arrest

Answer 55

do not resuscitate orders (DNR)

Question 56

written to indicate that the goal of treatment is a comfortable, dignified death and that further life-sustaining measures are not indicated.

Answer 56

DNR order

Question 57

it is the act of painlessly putting to death persons suffering from incurable or distressing disease ; mercy killing ; legally wrong in the US

Answer 57

euthanasia

Question 58

as of march 2018, active euthanasia is legal in what countries

Answer 58

netherlands, belgium, colombia, luxemburg, and canada

Question 59

it is a legal inquiry into the cause or manner of a death ; conducted under the jursdiction of a coroner or medical examiner

Answer 59

inquest

Question 60

it is an act committed in violation of public law and punishable by a fine or imprisonment ; does not have to be intended

Answer 60

crime

Question 61

crimes are classified into 2. what are those?

Answer 61

felonies misdemeanors

Question 62

is a crime of a serious nature, such as murder, punishable by a term in prison.

Answer 62

felony

Question 63

an offense of a less serious nature and is usually punishable by a fine or short-term jail sentence, or both

Answer 63

misdemeanor

Question 64

A nurse who slaps a client's face could be charged with a __

Answer 64

misdemeanor

Question 65

In some areas, second-degree murder is called

Answer 65

manslaughter

Question 66

A nurse who accidentally gives an additional and lethal dose of a narcotic can be accused of __

Answer 66

manslaughter (felony)

Question 67

it is a civil wrong committed against a person or person's property ; litigated in court by civil action between two indivduals ; based on fault (incorrectly done or not done at all)

Answer 67

tort

Question 68

what are the 2 classfications of tort?

Answer 68

unintentional intentional

Question 69

Negligence and malpractice are examples of __ torts that may occur in the health care setting

Answer 69

unintentional

Question 70

is misconduct or practice that is below the standard expected of an ordinary, reasonable, and prudent person ; places another person at risk for harm

Answer 70

negligence

Question 71

involves extreme lack of knowledge, skill, or decision making that the person cearly should have known would put others at risk for harm

Answer 71

gross negligence

Question 72

is "professional negligence," that is, negligence that occurred while the person was performing as a professional.

Answer 72

malpractice

Question 73

the defendant executed the act on purpose or with intent ; no harm need be caused by these for liability to exist

Answer 73

intentional torts

Question 74

what are the 4 intentional torts related to nursing?

Answer 74

assault false imprisonment invasion of privacy defemation

Question 75

can be described as an attempt or threat to touch another person unjustifiably ; precedes battery

Answer 75

assault

Question 76

the willful touching of a person that may or may not cause harm

Answer 76

battery

Question 77

the "unjustifiable detention of a person without legal warrant to confine the person“

Answer 77

false imprisonment

Question 78

it is a direct wrong of personal nature ; injures the feelings of the person ; revealed information ; right to privacy and right to be left alone

Answer 78

invasion of privacy

Question 79

is the communication that is false or made with a careless disregard for the truth and results in injury to the reputation of a person

Answer 79

defamation

Question 80

libel and slander are under the heading of ___

Answer 80

defamation

Question 81

is defamation by means of print, writing, or pictures ; Writing in the nurse's notes that a physician is incompetent because he didn't respond immediately to a call

Answer 81

libel

Question 82

defamation by the spoken word, stating unprivileged (not legally protected) or false words by which a reputation is damaged ; nurse tells a client that another nurse is incompetent.

Answer 82

slander

Question 83

what are the 4 specific areas of HIPAA

Answer 83

electronic transfer of information standardized numbers security rule privacy rule

Question 84

it is a constant concern to the hospital personnel

Answer 84

loss of client property

Question 85

Includes incompetence or gross negligence, conviction for practicing without a license, falsification of client records, and illegally obtaining, using, or possessing controlled substances ; ex. having relationships with clients, breach of confidentiality, fraud, refusing to care due to cultural origins

Answer 85

unprofessional conduct

Question 86

laws designed to protect health care providers who provide assistance at the scene of an emergency against claims of malpractice unless it can be shown that there was a gross departure from the normal standard of care or willful wrongdoing on their part.

Answer 86

good samaritan acts

Question 87

The client’s medical chart is a legal document and can be produced in court as evidence.

Answer 87

documentation

Question 88

is an agency record of an accident or unusual occurrence ; used to make all the facts available to agency personnel, prevent future incidents ; accidents

Answer 88

incident report

Question 89

it is a major legal safeguard for nurses

Answer 89

competent practice

Question 90

There are several categories of orders that nurses must question to protect themselves legally:

Answer 90

Question any order a client questions. Question any order if the client’s condition has changed. Question and record verbal orders to avoid miscommunications. Question any order that is illegible, unclear, or incomplete