LEGAL ASPECTS IN NURSING Flashcards
It is an agreement by which a patient/client to accept a course of treatment or a procedure.
INFORMED CONSENT
What are the two types of informed consent?
- EXPRESS
- IMPLIED
It may be either oral or written agreement. The more the invasive the procedure, the more it requires written permission.
EXPRESS
It is when an individual’s nonverbal behavior indicates agreement. For example, when an individual position their bodies for an injection or when they cooperate when taking vital signs.
IMPLIED
What are the elements of an informed consent
o Voluntary
o Informed
o Competent
o Signature
what are the areas of potential liability in nursing?
- CRIME
- MISDEMEANOR
- TORT
It is an act committed that violates the public law and can be punished by a fine or imprisonment
CRIME
What are the two classification of crime
FELONIES
MANSLAUGHTER
what is felonies
a crime of serious nature, e.g. Murder.
what is manslaughter
second-degree murder
it is an offense of a less serious in nature but can be punished by a fine or short-term jail sentence or both, e.g. When a Nurse slaps a patient/client’s face.
MISDEMEANOR
It is a civil wrong that is committed against a person or person’s property.
TORT
What are the two classification of tort
UNINTENTIONAL
INTENTIONAL
do not require intent but do not require the element of harm
UNINTENTIONAL TORT
What are the two types of unintentional tort?
- NEGLIGENCE
- MALPRACTICE
define negligence
The failure to meet a standard of behavior that caused harm or injury to others.
define malpractice
“professional negligence”, a negligence occurred while the person was performing as a professional. This includes six elements:
what are the 6 elements
- DUTY
- BREACH DUTY
- FORESEEABILITY
- CAUSATIONS
- HARM OR INJURY
- DAMAGES
The wrongful acts done on a purpose
INTENTIONAL TORT
What are the five types of intentional tort?
- ASSAULT
- BATTERY
- FALSE IMPRISONMENT
- INVASION OF PRIVACY
- DEFAMATION
Define assault
an attempt or threat to touch another person
Define battery
willful touching of a person that may or may not cause harm.
define false imprisonment
“unjustifiable detention of a person without warrant to confine the person” (Guido, 2006).
defamation
libel and slander