Legal terms Flashcards
What is liability?
The legal responsibility that a NP has for actions that fail to meet the SOC, resulting in actual or potential harm to the patient
What are SOC?
Used as criteria to measure whether negligence has occurred
What is negligence?
Failure of an individual to do what a reasonable person would do, resulting in injury to the patient
What is 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
What 4 aspects might malpractice involve?
- professional misconduct
- unreasonable lack of skill
- illegal/immoral conduct
- other allegations resulting in harm to a patient
When does malpractice insurance not cover an ANP from charges of practicing medicine without a license?
if the APN is practicing outside the legal scope of practice for that state
What is assault?
Intentional act by 1 person that creates an apprehension in another in an imminent harmful or offensive contact
How is assault carried out?
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)
What is battery?
An illegal, willful, angry, violent, or negligent STRIKING of a person, his clothes, or anything that he is in close contact with
Can one commit assault on a unconscious person?
No
Can one commit battery on an unconscious person?
Yes
What is defamation?
A communication that causes someone to suffer a damaged reputation
What are 2 forms of defamation?
- libel
2. slander
What is libel?
Defaming, distributed written material
What is slander?
Spoken defamation (spoken to other than the defamed party)
What is involuntary commitment?
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)
If a NP discharged a patient while he is in danger of hurting himself or others, is she liable?
Yes, potentially
When is it legal to use restraints?
To prevent someone from harming himself or others
What must the NP document in regards to restraints?
The exact reason/rationale for why restraints are being ordered
In regards to restraints, when might an NP be considered liable?
- if excessive restraints are employed
- if the exact reason for using restraints is not documented
- if safety checks of the restraints are not charted
What are good samaritan statues?
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
