Legal Issues In Nursing Flashcards
Civil law (3)
1-Guilt is proved by a preponderance of evidence against a person
2-law designed to protect person and property
3- violation of this law is called a tort
Criminal law (3)
1- guilt must be proved beyond a reasonable doubt
2-law designed to protect public from harmful acts
3-misdemeanor or felony
Tort
1-Violation of civil law
2-Most common violation of law affecting practice of nursing
3-2 examples of unintentional torts are negligence and malpractice
Assault (4)
1- intentional verbal threat
2- results in reasonable fear of immediate physical harm
3- may be tried in criminal court
4- violates one’s right to personal safety and security
Battery (4)
1- completion of assault
2-tried in criminal court
3-unjustified and intentional force without consent
4- violates security and safety
Negligence (tort)
Could be act of omission
Failure to exercise reasonable amt of care
Malpractice (tort)
Could be act of omission
Misconduct or improper practice by a professional
Proof of malpractice is dependent on 4 criteria:
1- duty- nurse must have been responsible for care of the patient
2- breach of duty- nurse failed to provide care
3- causation- failure of acceptable nursing caused injury
4- injury- harm must have occurred
Constitutional law-
A type of statutory law
Federal law
Most authoritative law
Rights of privacy and confidentiality are protected by this law
Enacted law
A type of statutory law
Nurse practice acts are examples
Second most authoritative law
Social security is an example
Regulatory law
CMS
Executive or administrative law
Provides rules for enacted laws
Third most authoritative law
Common law
Based on accumulated judicial decisions and common customs
May change over time
Case law
Also called judicial law
Based on previous judgements in other cases
Respondeat superior
Employee has signed a contract and employer is responsible for actions by employee. Other than crimes outside of scope of employment or acts of gross negligence.
