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NCM 101 > ETHICO LEGAL > Flashcards

ETHICO LEGAL Flashcards

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1
Q

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).

A

law

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2
Q

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

A

law

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3
Q

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

A

constitutional law

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4
Q

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

A

constitution

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5
Q

these laws are designed to declare, command, or prohibit

A

legislation / statutory law

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6
Q

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

A

administrative law

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7
Q

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

A

common law

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8
Q

meaning of stare decisis

A

to stand by things decided

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9
Q

what are the 4 sources of law?

A

constitutional
legislation/statutory law
administrative law
common law

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10
Q

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

A

public law

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11
Q

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

A

criminal law

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12
Q

crimes can be classified as either __ or __

A

felonies or misdemeanors

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13
Q

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

A

private law or civil law

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14
Q

what are the 2 categories of private law?

A

contract
tort

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15
Q

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

A

contract law

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16
Q

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

A

tort law

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17
Q

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

A

tort law

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18
Q

what are the 2 types of laws

A

public
private

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19
Q

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

A

civil actions

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20
Q

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

A

criminal actions

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21
Q

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

A

potential outcome

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22
Q

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

A

money

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23
Q

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

A

criminal action

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24
Q

what are the 2 kinds of legal actions

A

civil
criminal

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25
Q

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

A

judicial process

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26
Q

a document is called a

A

complaint

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27
Q

the person filing the complaint is called the __

A

plaintiff

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28
Q

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

A

defendants

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29
Q

a written response made by the defendants is called an __

A

answer

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30
Q

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

A

trial

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31
Q

the judge renders a __

A

decision

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32
Q

the jury renders a __

A

verdict

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33
Q

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

A

appeal

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34
Q

the jury consists of how many members of the public?

A

12

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35
Q

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

A

foreman

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36
Q

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

A

contract

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37
Q

this type of contract is equaly binding as a written contract

A

oral contract

38
Q

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

A

written contract

39
Q

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

A

liability

40
Q

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

A

contractual obligations

41
Q

these vary among practice setting

A

contractual relationships

42
Q

contractual relationships create the ancient legal doctrine known as

A

respondeat superior which means let the master answer

43
Q

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

A

a citizen

44
Q

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

A

rights of citizenship

45
Q

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

A

right

46
Q

it is the obligation associated with a right

A

responsibility

47
Q

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.

A

collective bargaining

48
Q

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

A

strike

49
Q

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

A

sexual harassment

50
Q

what are the 2 types of advance health care directives

A

living will
health care proxy or surrogate

51
Q

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

A

living will

52
Q

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.

A

health care proxy

53
Q

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

A

autopsy or postmortem examination

54
Q

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

A

certification of death

55
Q

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

A

do not resuscitate orders (DNR)

56
Q

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

A

DNR order

57
Q

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

A

euthanasia

58
Q

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

A

netherlands, belgium, colombia, luxemburg, and canada

59
Q

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

A

inquest

60
Q

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

A

crime

61
Q

crimes are classified into 2. what are those?

A

felonies
misdemeanors

62
Q

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

A

felony

63
Q

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

A

misdemeanor

64
Q

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

A

misdemeanor

65
Q

In some areas, second-degree murder is called

A

manslaughter

66
Q

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

A

manslaughter (felony)

67
Q

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)

A

tort

68
Q

what are the 2 classfications of tort?

A

unintentional
intentional

69
Q

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

A

unintentional

70
Q

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

A

negligence

71
Q

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

A

gross negligence

72
Q

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

A

malpractice

73
Q

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

A

intentional torts

74
Q

what are the 4 intentional torts related to nursing?

A

assault
false imprisonment
invasion of privacy
defemation

75
Q

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

A

assault

76
Q

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

A

battery

77
Q

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

A

false imprisonment

78
Q

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

A

invasion of privacy

79
Q

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

A

defamation

80
Q

libel and slander are under the heading of ___

A

defamation

81
Q

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

A

libel

82
Q

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.

A

slander

83
Q

what are the 4 specific areas of HIPAA

A

electronic transfer of information
standardized numbers
security rule
privacy rule

84
Q

it is a constant concern to the hospital personnel

A

loss of client property

85
Q

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

A

unprofessional conduct

86
Q

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.

A

good samaritan acts

87
Q

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

A

documentation

88
Q

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

A

incident report

89
Q

it is a major legal safeguard for nurses

A

competent practice

90
Q

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

A

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

NCM 101 (20 decks)

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