Exam 1 Vocabulary - Sheet1 Flashcards
Definition
Term
Law enacted by a legislative body; separate from judge-made or common law
Statute or Statutory Law
In civil cases, the legal criteria against which the nurse’s (and physician’s) conduct is compared to determine whether a negligent act or malpractice act occured; commonly defined as the knowledge and skill that an ordinary, reasonably prudent person would possess and exercise in the same or similar circumstances.
Standard of Care
As defined by The Joint Commission, an unintended adverse outcome that results in death, paralysis, coma, or other major permanent loss of function. Examples of sentinel events include patient suicide while in a licensed health care facility, surgical procedure on the wrong organ or body side, or a patient fall.
Sentinel Event
A legal doctrine, sometimes referred to as absolute liability, that can be imposed on a person or entity (e.g., a hospital) without proof of carelessness or negligence.
Strict Liability
Legal Doctrine in which a person or institution is liable for the negligent acts of another because of a special relationship between the two parties; a substituted liability.
Vicarious Liability
Process of identifying, analyzing, and controlling risks posed to patients; involves human factor and incident analysis, changes in systems operations, and loss control and prevention.
Risk Management
Legal doctrine that holds an employer indirectly responsible for the negligent acts of employees carried out within the scope of employment; a Latin phrase meaning “let the master answer.”
Respondent Superior
Legal doctrine applicable to cases in which the provider (i.e., the physician) had exclusive control of events that resulted in the patient’s injury; the injury would not have occured ordinarily without a negligent act; a Latin phrase meaning “the thing speaks for itselfs.”
Res ipsa loquitor
Monetary compensation awarded to an injured person (patient) that goes beyond what is necessary to compensate for losses (e.g., the ability to function, death, income), and is intended to punish the wrongdoer.
Punitive Damages
An injury caused by medical management rather than the patient’s underlying condition. An adverse event attributable to error is a preventable adverse event.
Preventable adverse event
The complaining person in a lawsuit; the person who claims he or she was injured by the acts of another.
Plaintiff
Failure to act in a manner that an ordinary, prudent person (either layperson or professional) would act in similar circumstances, resulting in harm. The failure to act in a reasonable and prudent manner is unintentional.
Negligence
Failure of a professional to meet the standard of conduct that a reasonable and prudent member of his or her profession would exercise in similar circumstances that results in harm. The professional’s misconduct is unintentional.
Malpractice
Laws that establish the qualifications for obtaining and maintaining a license to perform particular services. Persons and institutions may be required to obtain a license to provide particular health care services.
Licensing Laws
Being responsible for one’s actions; a sense of duty in performing nursing tasks and activities.
Accountability
Being legally responsible for harm caused to another person or property as a result of one’s actions; compensation for harm normally is paid in monetary damages.
Liability
Legal doctrine by which a person is protected from a lawsuit for negligent acts or an institution is protected from a suit for the negligent acts of its employees
Immunity
Written or verbal instructions created by the patient describing specific wishes about medical care in the event he or she becoms incapacitated or incompetent. Examples include living wills and durable powers of attorney.
Advanced directives
A legal concept that means extreme carelessness showing willful or reckless disregard for the consequences to a person (patient).
Gross Negligence
Body of written opinions created by judges in federal and state appellate cases; also known as judge-made law and common law.
Case law
A failure of a planned action to be completed as intended or the use of a wrong plan to achieve a specific aim.
Error
A catefory of law (tort law) that deals with conduct considered unacceptable. It is based on societal expectations regarding interpersonal conduct. Common causes of civil litigation include professional malpractice , negligence, and assault and battery.
Civil law
An instrument that authorizes another person to act as one’s agent in decisions regarding health care if the person becomes incompetent to make his or her own decisions.
Durable Power of Attorney for health care
