Legal Terms Flashcards
Liability
The legal responsibility that a nurse practitioner had for actions that fail to meet the standard of care, resulting in actual or potential harm to a patient.
Negligence
Failure of an individual to do what a reasonable person would do, resulting in injury to the patient.
Malpractice
Failure of a professional to render services with the degree of care, diligence, and precaution that another member of the same profession under similar circumstances would render to prevent injury to someone else.
Does malpractice insurance cover an APN from charges of practicing medicine without a license if the APN is practicing outside the legal scope of practice for that state?
NO
Assault
An intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact
Battery
An illegal, willful, angry, violent, or negligent striking of a person, his clothes, or anything with which he is in contact. One can commit battery on an unconscious person, but not assault.
Defamation
A communication that causes someone to suffer a damaged reputation.
What are the 2 types of defamation?
- Libel - Distributed written material
2. Slander - Spoken
Involuntary commitment
In most states there is duty to commit someone who is in danger of hurting himself or others as a result of mental illness. A NP is potentially liable if a patient is discharges while in danger of hurting himself or others.
Use of restraints
It is legal to forcefully restrain someone to prevent a patient from harming himself or others. Must document the exact reason/rational for why. May be liable if excessive restraints are employed, rationale not documented, or safety checks not charted.
Good samaritan statutes
Protect health care providers from law suits who aid at the scene of an accident and render reasonable, emergency care, within the NP’s scope of practice.
