Law Flashcards
Regulates conduct between private individuals or businesses and is enforced through the courts as damages or monetary compensation
Civil law (common law)
A civil wrong committed against a person or their property. Damages could be physical harm, psychological harm, harm to livelihood, harm to reputation, etc.
Tort
Addresses the welfare and safety of the public. Prosecuted by the government for the purpose of inflicting punishment.
Criminal law
Intentionally Preventing a pt from signing out AMA because you are concerned about them but unintentionally violating their liberty.
Intentional tort
An unintentional tort causing harm. Damages may be recovered.
Negligence
Four characteristics of negligence
- HARM occurred to an individual
- DUTY negligent person must have had a responsibility (duty) to the person harmed
- BREACH OF DUTY person must have failed to fulfill his responsibility
- CAUSATION the harm must have been caused by the breach of duty
Gross negligence/reckless endangerment
Same four characteristics as simple negligence. But, the negligent person failed to use even the slightest amount of care in a way that shows recklessness or willful disregard for the safety of others.
“Professional negligence.” Negligence by the nurse in the performance of her duties.
Must have professional duty to act
Based on the “standards of care” for the profession
Malpractice
The attempt or threat to touch another person unjustifiably
Assault
The willful touching of a person without permission
Battery
The source of law that allows state boards to formulate and enforce their regulations.
Statutory law
Administrative law
Allows state boards of nursing to administer their regulations.
Whistleblower
A member of an organization who warns the public about serious wrongdoing or danger created or masked by the organization
The 1stvstate to enact whistleblower protection for healthcare workers
New Jersey
Whistleblower protection
Protects the worker who reports the unsafe action from retaliation.
