Legal implications of nursing Flashcards
accreditation
process by which an educational program is evaluated and then recognized as having met certain predetermined standards of education
assault
threat or an attempt to make bodily contact with another person without that person’s permission
battery
assault that is carried out
cerification
process by which a person who has met certain criteria established by a nongovernmental association is granted recognition
common law
law resulting from court decisions that is then followed when other cases involving similar circumstances and facts arise; common law is as binding as civil law
credentialing
general term that refers to ways in which professional competence is maintained
crime
offense against people or property; the act is considered to be against the government, referred to in a lawsuit as “the people” and the accused is prosecuted by the state
defamation of character
an intentional tort in which one party makes derogatory remarks about another that diminishes the other party’s reputation
defendant
the one being accused of a crime or tort
expert witness
nurse who explains to the judge and jury what happened based on the patient’s record and who offers an opinion as to whether the nursing care met acceptable standards of practice
fact witness
nurse who has knowledge of the actual incident prompting a legal case; bases testimony on firsthand knowledge of the incident, not on assumptions
felony
crime punishable by imprisonment in a state or federal penitentiary for more than 1 year
fraud
willful and purposeful misrepresentation that could cause, or has caused, loss or harm to people or property
liability
legal responsibility for one’s acts (and failure to act); includes responsibility for financial restitution or harms resulting from negligent acts
licensure
to be given a license to practice nursing in a state or province after successfully meeting the requirements
litigation
process of lawsuit
malpractice
act of negligence as applied to a professional person such as a nurse, physician, or dentist
misdemeanor
crime of lesser offense than a felony and punishable by fines, imprisonment (usually for less than a year) or both
negligence
performing an act that has a reasonably prudent person under similar circumstances would not do, or failing to perform an act that a reasonably prudent person under similar circumstances would do
plaintiff
person or government bringing a law suit against another
sentinel event
an unexpected occurrence involving death or serious physical or psychological injury, or the risk of thereof
statutory law
law enacted by a legislative body
tort
wrong committed by a person against another person or that person’s property
whistle-blowing
term generally used to refer to employees who report their employee’s violation of the law to appropriate law enforcement agencies outside the employers’ facilities
