legal aspects of nursing

Question 1

expert witness

Answer 1

person who has special training, experience, or skill in a relevant area

Question 2

credentialing

Answer 2

process of determining and maintaining competence in nursing practice

Question 3

license

Answer 3

legal permit that a government agency grants to individuals to engage in the practice of a profession and use a particular title

Question 4

mutual recognition model

Answer 4

allows for multistate licensure

Question 5

certification

Answer 5

the voluntary practice of validating that an individual nurse has met minimum standards of nursing competence in specialty areas

Question 6

contract

Answer 6

an agreement between two or more competent persons to do or not do some lawful act

Question 7

implied contract

Answer 7

contract that has not been explicitly agreed to by the parties but that the law nevertheless considers to exist

Question 8

informed consent

Answer 8

an agreement by a client to accept a course of treatment or procedure after being provided complete information by a health care provider

Question 9

express consent

Answer 9

an oral or written agreement

Question 10

implied consent

Answer 10

when an individual’s nonverbal behavior indicates agreement

Question 11

what are the three major elements of informed consent

Answer 11

1. consent given voluntarily
2. consent given by person with capacity and competency to understand
3. client must be given enough information to be the ultimate decision maker

Question 12

what are three groups who can’t provide consent

Answer 12

1. minors
2. unconscious or similarly injured persons
3. person who have been legally declared mentally incompetent

Question 13

delegation

Answer 13

the transfer of responsibility for the performance of an activity from one person to another, while retaining accountability for the outcome

Question 14

mandated reporters

Answer 14

to be required by law to report suspected abuse, neglect, or exploitation

Question 15

tort

Answer 15

a civil wrong committed against a person or a person’s property

Question 16

negligence

Answer 16

misconduct or practice that is below the standard expected of an ordinary, responsible, and prudent person

Question 17

gross negligence

Answer 17

exhibiting extreme lack of knowledge, skill, or decision making when the person clearly should have known would put others at risk of harm

Question 18

malpractice

Answer 18

aka professional negligence, negligence occurring while performing as a professional

Question 19

what are the six elements that must be proven for malpractice cases

Answer 19

1. duty
2. breach of duty
3. foreseeability
4. causation
5. harm or injury
6. damages

Question 20

assault

Answer 20

an attempt or threat to touch another person unjustifiably

Question 21

battery

Answer 21

the willful touching go a person that may or many not cause them harm

Question 22

false imprisonment

Answer 22

the unjustifiable detention of person without legal warrant to confine the person

Question 23

defamation

Answer 23

communication that is false and results in injury of the person’s reputation

Question 24

libel

Answer 24

defamation by means of print, writing, or pictures

Question 25

slander

Answer 25

defamation by the spoken word