Legal Terms Flashcards
Liability
Legal responsibility that a NP has for actions that fail to meet the standard of care
Resulting in actual or potential harm to patient
Standards of care
Are used as a criteria to measure whether negligence has occurred
Negligence
Neglect to do what a reasonable person would do
Resulting in injury to the patient
Malpractice
Umbrella term
Failure 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
Malpractice can involve (4)
- Professional misconduct
- Unreasonable lack of skill
- Illegal/immoral conduct
- Other allegations resulting in harm to a patient
- Practicing medicine outside license
Malpractice insurance does not cover if:
an APN from charges of practicing medicine without a license if the APN is practicing outside the legal scope
Assault
“Fear”
An intentional act that creates apprehension of an imminent harmful or offensive contact
If a patient mentions chest pain, but thought it was pneumonia so no 12 lead EKG was done. Patient has MI, what type of legal issue is this?
Neglect
Standard of care - 12 lead EKG rule out
Prescribing scheduled 2 drugs to neighbor and you get “kickback” monetary gain. What type of legal issue is this?
Malpractice -
Illegal and immoral conduct
Battery
“Actually hitting”
An illegal, willful, angry, violent striking
Can you commit battery and/or assault on unconscious person?
One can commit battery but not assault
Defamation
A communication that causes someone to suffer
Libel
Slander
Libel
Distributing written defamation material
Slander
Spoken defamation
Involuntary Commitment
In most states - duty to commit
if in danger of harming himself or others
A NP is liable if patient id discharged while in danger of hurting himself or others