Legal&Ethical Key Terms NUR3

Question 1

also know as regulatory law, more
clearly defines expectations of civil and criminal laws.
Regulatory law also describes the process to report unethical
or incompetent conduct to the State BON

Answer 1

Administrative law

Question 2

any intentional offensive touching without
consent or lawful justification. The contact can be harmful to
the patient & cause an injury or it merely can be offensive to
the patient’s personal dignity.

Answer 2

Battery

Question 3

describes decisions made in legal cases that
were resolved in courts. After a case is presented to a judge
or jury, there is a report of the issue, facts, findings, &
subsequent decision that was made to resolve the issue.

Answer 3

Case Law

Question 4

originates from decisions that were made
in absence of law; is a body of unwritten laws
based on legal precedents established by the courts.
Common laws sometimes prove the inspiration for new
legislation to be enacted.

Answer 4

Common Law

Question 5

is derived from federal & state constitutions

Answer 5

Constitutional Law

Question 6

the publication of false statements that result in damage to a person’s reputation

Answer 6

Defamation of Character

Question 7

designated person to make decisions when the client
becomes incapacitated

Answer 7

Durable Power of Attorney for Healthcare

Question 8

deliberate acts against a person or
property that may result in both civil & criminal actions

Answer 8

Intentional Tort

Question 9

written defamation of character

Answer 9

Libel

Question 10

injurious or unprofessional actions that
harm another. Is a type of negligence.

Answer 10

Malpractice

Question 11

a pattern of conduct by a person with a duty of care
to provide services that maintain the physical &/or mental
health of a child or vulnerable adult

Answer 11

Neglect

Question 12

conduct that falls below the generally
accepted standard of care of a reasonably prudent person

Answer 12

Negligence

Question 13

state laws intended to protect
citizens, make RNs accountable, & ensure that care is
consistent with best practices within the scope & standards
of nursing

Answer 13

Nurse Practice Acts

Question 14

AKA Incident Report . This provides
a database to determine deviations from standards of care, it
identify corrective measures needed to prevent recurrence, &
to alert risk management to a potential claim.

Answer 14

Occurrence Report

Question 15

Insurance contract
between a RN and an insurance company to assist the RN
with legal help if the RN is in legal trouble.

Answer 15

Professional Licensure Defense

Question 16

Function of hospital or health facility
administration that is directed toward identification,
evaluation, & correction of potential risks that could lead to
injury of patients, staff members, or visitors and result in
loss or damage

Answer 16

Risk management

Question 17

occurs when one speaks falsely about another

Answer 17

Slander

Question 18

is typically what a reasonable prudent
RN would do under similar circumstances in the
geographical area in which the alleged breach occurred

Answer 18

Standard of Proof

Question 19

reflect the knowledge &
skill ordinarily possessed by and used by RNs to perform
with the scope of practice

Answer 19

Standards of Nursing Care

Question 20

derived from statutes passed by the US
Congress and state legislatures. These laws are either civil or
criminal

Answer 20

Statutory Law

Question 21

civil wrongful acts or omissions of care made against
a person or property. They are classified as intentional,
quasi-intentional or unintentional

Answer 21

Tort

Question 22

arise when a person is harmed &
the person inflicting the harm knew, or should have known,
that these actions were less than accepted scope and
standard of practice

Answer 22

Unintentional Torts

Question 23

The action taken by a nurse who goes
outside the organization for the public’s best interest, when
[the organization] is unresponsive to reporting the danger
through the organization’s proper channels.

Answer 23

Whistleblowing

Question 24

Mandatory reporting is the law
that requires a nurse to report suspicions of abuse based on
state regulations

Answer 24

Obligation to Report

Question 25

a patient’s agreement to have a
medical procedure after receiving full disclosure of risks,
benefits, alternatives, & consequences of refusal.

Answer 25

Informed Consent

Question 26

a civil rights statute that protects the rights of people
with physical or mental disabilities.

Answer 26

ADA