LEGAL ASPECT OF DISASTER NURSING Flashcards
the division of the legal
system that deals with wrongs against
society or its members.
Criminal law
the act or process of carrying
on a lawsuit
Litigation
the division of the legal system
that deals with non-criminal issues and
conflicts between two parties.
e.g. contracts, domestic relations and
torts.
Civil law
a branch of civil law
concerning civil wrongs between two
parties.
e.g malpractice suit.
Tort law
is the
granting of privileges by a physician to a
a non-physician to perform
“delegation of authority”
laws only protect
those that have had basic first aid
training and are certified.
• In other jurisdictions, any rescuer is
protected from liability, granted the
responder acted rationally.
• If one is neither trained in first aid nor
certified, and performs first aid
incorrectly, one can still be held liable.
Good samaritan law
4 Key Elements of
- A person is immune from liability for
assisting at the scene of of a medical
emergency if he or she:
- Acts in good faith
- Is not negligent
- Acts within the scope of his or her
training - Does not accept payment for his
or her services.
is a deviation from an
accepted standard of care. It is
synonymous with malpractice in the
context of medical care.
Negligence
A Latin phrase
meaning “ the thing speaks for
itself,” used in negligence
proceedings.
Res ipsa loquitor
the granting of permission
to treat, by a patient to a health care
provider.
Consent/informed consent
the termination of
a health care provider-patient
relationship, without assurance that
an equal or greater level of care will
continue.
Abandonment
refusal of care by
a patient must be informed and properly
documented.
•In such cases, patients should be asked
to sign a “release from liability” or
“refusal of transport” form.
Refusal of service
an action that places a person
in immediate fear of bodily harm
Assault
the unlawful touching of a
person without his or her consent.
Battery
defined as
intentional and unjustifiable detention.
• It is a particular problem with
psychiatric patient.
False imprisonment
