Exam 1 Study Guide Flashcards
Assault
Can be described as an intent or threat to touch another person unjustifiably
Battery
Is the willful touching of a person or the person’s clothes or even something the person is carrying that may or may not cause harm
Liable
Is defamation by means of print riding or pictures
Slander
Is defamation by the spoken word stating unprivileged not legally protected or false words by which a reputation is damaged
Malpractice
Professional negligence that is negligence that occur by the person was performing as a professional
Informed consent
Is in agreement by a client to except a course of treatment or a procedure after being provided complete information including the benefits and risk of treatment alternative to the treatment and prognosis if not treated by a healthcare provider
Implied consent
Exist when the individuals nonverbal behavior indicates agreement
Tort
Is a civil wrong committed against a person or a person’s property
Unintentional tort
Negligence and professional negligence
Intentional tort
The act on purpose or with intent
Breach of duty
A standard of care that is expected in the specific situation but that the nurse did not observe this is the failure to act as a reasonable prudent nurse under the circumstances
Defamation
Is communication that is false or made with a careless disregard for the truth and results in injury to the reputation of a person
Health insurance portability and accountability act
Protect privacy for health information
Liability
Is the quality or state of being legally responsible for once obligation and actions and for making financial restitution for wrongful acts
Negligence
Is misconduct or practice that is below the standard expected of an ordinary reasonable and prudent person
Statutory laws
Laws and acted by any legislative body
Standards of care
Are the skills and learning commonly possessed by members of a profession
Nurse practice act
Protect the public by legally defining in describing the scope of a nursing practice
Good Samaritan law
Laws designed to protect healthcare providers to provide assistance at the scene of an emergency I get some claims a professional negligence unless it can be shown that there was a gross departure from normal standard of care or willful wrongdoing on their part
Institutional liability
Accountability and responsibility to another enforceable by civil or criminal sanctions
Durable medical power of attorney
Gives if someone you choose the power to act in your place
Accountability
The ability and willingness to assume responsibility for one’s actions and and to except the consequences of one’s behaviors
Do patients have the right to refuse a treatment of any kind while they are in the hospital even if they have consented to a procedure in the treatment is something that is typically done prior to the procedure?
Yes
What is the difference between a salt and battery?
Assault is a threat of violence. Battery is physical violence.
How does one obtain informed consent?
Verbally spoken to one other
Who is ultimately responsible for the clients understanding of the procedure prior to obtaining the informed consent?
The provider
Can the client or the clients family SS the medical record just anytime they want?
Absolutely not this is a breach and patient confidentiality.
How does one prove malpractice?
You don’t
Can a patient sign consent while under the influence of a sedative?
No!