Legal Limits of Nursing Flashcards
Constitutional Law
derived from federal and state constitutions e.g. right to refuse treatment
Statutory Law
derived from statutes passed by US Congress and state legislatures.
Civil or Criminal
Civil Law
protect rights of individuals, protect against negligence and provide fair and equitable treatment when things go wrong e.g. nurse practice acts. relationships among persons and protection of persons rights. violation cause harm to individual/property no threat to society. [CONTRACTS: Nurse-patient relationship], [TORTS].
Nurse Practice Acts
civil state laws define nursing and standards you must meet within individual states e.g. Florida Nurse Practice Act. Set educational guidelines for nurses, distinguish between nursing and medical practice. LINK in CANVAS
Criminal Law
protect society and provide punishment for crimes e.g. criminal mistreatment of vulnerable adults. relationship between individuals and acts threaten society. Standard of proof is guilt beyond reasonable doubt [FELONY: manslaughter, assault and battery, fraud, NPA violations], [Misdemeanour].
Administrative Law
expectations of civil/criminal laws e.g. NPA states you have a duty to care for patients - ADPIE. And also duty to report incompetent or unethical nursing conduct to State Board of Nursing or Nursing Commission.
Common Law
decisions made in absence of law e.g. right to privacy - patient confidentiality. results from judicial decisions made in court when individual cases are decided.
Case Law
decisions made in legal cases resolved in court.
Contract Law
enforcement of agreements among private individuals
Tort Law
civil wrong in which law allows an injured person to seek damages from person who causes injury. [INTENTIONAL: fraud, defamation, assault and bat, invasion of privacy], [UNINTENTIONAL: Negligence, malpractice].
Regulatory Law
are administrative laws and thus reflects decisions made by administrative bodies when they pass rules.
