Legal terms

Question 1

What is liability?

Answer 1

The legal responsibility that a NP has for actions that fail to meet the SOC, resulting in actual or potential harm to the patient

Question 2

What are SOC?

Answer 2

Used as criteria to measure whether negligence has occurred

Question 3

What is negligence?

Answer 3

Failure of an individual to do what a reasonable person would do, resulting in injury to the patient

Question 4

What is malpractice?

Answer 4

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

Question 5

What 4 aspects might malpractice involve?

Answer 5

1. professional misconduct
2. unreasonable lack of skill
3. illegal/immoral conduct
4. other allegations resulting in harm to a patient

Question 6

When does malpractice insurance not cover an ANP from charges of practicing medicine without a license?

Answer 6

if the APN is practicing outside the legal scope of practice for that state

Question 7

What is assault?

Answer 7

Intentional act by 1 person that creates an apprehension in another in an imminent harmful or offensive contact

Question 8

How is assault carried out?

Answer 8

THREAT of bodily harm coupled with an apparent, present ability to cause that harm

(ex: shaking a fist int he air in the direction of another person)

Question 9

What is battery?

Answer 9

An illegal, willful, angry, violent, or negligent STRIKING of a person, his clothes, or anything that he is in close contact with

Question 10

Can one commit assault on a unconscious person?

Answer 10

No

Question 11

Can one commit battery on an unconscious person?

Answer 11

Yes

Question 12

What is defamation?

Answer 12

A communication that causes someone to suffer a damaged reputation

Question 13

What are 2 forms of defamation?

Answer 13

1. libel

2. slander

Question 14

What is libel?

Answer 14

Defaming, distributed written material

Question 15

What is slander?

Answer 15

Spoken defamation (spoken to other than the defamed party)

Question 16

What is involuntary commitment?

Answer 16

In most states, there is a duty to commit someone who is in danger of hurting self or others as the result of a mental illness (ie suicide attempt)

Question 17

If a NP discharged a patient while he is in danger of hurting himself or others, is she liable?

Answer 17

Yes, potentially

Question 18

When is it legal to use restraints?

Answer 18

To prevent someone from harming himself or others

Question 19

What must the NP document in regards to restraints?

Answer 19

The exact reason/rationale for why restraints are being ordered

Question 20

In regards to restraints, when might an NP be considered liable?

Answer 20

1. if excessive restraints are employed
2. if the exact reason for using restraints is not documented
3. if safety checks of the restraints are not charted

Question 21

What are good samaritan statues?

Answer 21

They protect HCPs from law suits who aid in the scene of an accident and render reasonable, emergency care, WITHIN THE SCOPE OF THE NP’S PRACTICE