Legal/finance Terms Flashcards
What is assault and battery?
Assault: unlawful threat to harm another physically
Battery: carrying out bodily harm
What is indemnity payment?
Payment made on behalf of the policy holder who has paid the insurance policy premium
What is a liability?
A legal obligation or responsibility
What is Negligence?
An act or failure to act that deviates from accepted standard of care
What is a nursing malpractice?
Negligence or an intentional act that causes physical, financial, emotional, psychosocial, and/or cognitive damage to person in nurses care
What is Respondeat superior?
Employers being responsible for employees action when
- nurses acted within scope
- allegations occurred during nurses employment
- nurses actions were in employers best interest
What is standard of care?
Actions of a reasonable and prudent professional in the same of similar circumstance
What is a tort?
A breach of duty to another person as outlined by law
Duty vs. Breach of Duty?
Duty is standards/guidelines for competent nursing care
- to provide patient care that a reasonable and prudent nurse practicing in a similar situation would do
Breach of duty is when care provided did not adhere to standard of care
4 elements of Malpractice?
Duty
Breach of duty
The breach of duty caused an injury
The injury was harmful to the patient
Primary vs secondary malpractice?
Primary - typically related to bedside skills
ex. Falls, medications
Secondary - involve shared responsibility, serious injuries
ex. Wrong site sx
Duty to do no harm?
Nonmaleficence
