Nature Of Nursing-ch4: Legal Aspects Of Nursing Flashcards
(Legal) A written response made by the defendant
Answer
An attempt or threat to touch another person unjustifiably
Assault
Examination of the body after death to determine the cause of death and to learn more about a disease process
Autopsy
(Legal) The willful or negligent touching of a person (or the person’s clothing or even something the person is carrying), which may or may not cause harm
Battery
A standard of care that is expected in the specific situation but that the nurse did not observe; this is the failure to act as a reasonable, prudent nurse under the circumstances
Breach of duty
The duty of proving an assertion
Burden of proof
A fact that must be proven that the harm occurred as a direct result of the nurses failure to follow the standard of care and the nurse could have or should have known that failure to follow the standard of care could result in such harm
Causation
Deals with the relationship between individuals in society
Civil action
The body of law that deals with relationships among private individuals; also known as private long
Civil law
The body of principles that evolves from court decisions
Common-law
(Legal) The document filed by plaintiff
Complaint
A written or verbal agreement between two or more people to do or not do some lawful act
Contract
The enforcement of agreements among private individuals or the payment of consumption for failure to fill the agreement
Contract law
Duty of care established by the presence of an expressed or implied contract
Contractual obligation
Vary among practice settings; may be as an independent or employer – employee relationship
Contractual relationships
A physician who is authorized by the county or other government agency to determine causes of death under unusual circumstances
Coroner
The process of determining and maintaining competence in practice; includes licensure, registration, certification, and accreditation
Credentialing
An act committed in violation of public (criminal) law and punishable by a fine and/or imprisonment
Crime
Deal with disputes between an individual and the society as a whole
Criminal actions
Deals with actions against the safety and welfare of the public
Criminal law
If malpractice caused the injury, the nurse is held liable for damages that may be compensated
Damages
(Legal) outcome made by a judge
Decision
(Legal) a communication that is false, or made with careless disregard for the truth, and results in injury to the reputation of another
Defamation
(Legal) person against whom the plaintiff files a complaint
Defendant
Transference of responsibility and authority for an activity to a competent individual
Delegation
(Legal) pretrial activities to gain all the facts of the situation
Discovery
The nurse must have or (should have had) a relationship with the client that involves providing care and following an acceptable standard of care
Duty
The act of painlessly putting to death persons suffering from incurable or distressing disease
Euthanasia
One who has special training, experience, or skill in a relevant area and is allowed by the court to offer an opinion on some issue within the area of expertise
Expert witness
An oral or written agreement
Express consent
The unlawful restraint or detention of another person against his or her wishes
False imprisonment
A crime of a serious nature, such as murder, punishable by term in prison
Felony
A link that must exist between the nurses act and the injury suffered
Foreseeability
Involves extreme lack of knowledge, skill, or decision-making that the person clearly should have known would put others at risk for harm
Gross negligence
(Injury) The client or plaintiff must demonstrate some type of harm or injury (physical, financial, or emotional) as a result of the breach of duty owed the client; the plaintiff will be asked to document physical injury, medical costs, loss of wages, “pain and suffering”, and any other damages
Harm
A legal statement that appoints a proxy to make medical decisions for the client in the event the client is unable to do so
Health care proxy
A nurse who’s practice has deteriorated because of chemical abuse
Impaired nurse
Consent that is assumed in an emergency when consent cannot be obtained from the client or relative
Implied consent
A contract that has not been explicitly agreed to by the parties but that the law nevertheless considers to exist
Implied contract
A client’s agreement to accept the course of treatment or procedure after receiving complete information, including the risks of treatment and facts relating to it, from the healthcare provider
Informed consent
A legal inquiry into the cause or manner of the death
Inquest
An agreement between two or more states
Interstate compact
A direct wrong of a person’s nature, it injures the feelings of the person and does not take into account the effect of revealed information on the standing of the person in the community
Invasion of privacy
A rule made by humans that regulates social conduct in a formally prescribed and binding manner
Law
The quality or state of being legally responsible for one’s obligations and action and to make financial restitution for wrongful acts
Liability
Defamation by means of print, writing, or pictures
Libel
A legal permit granted to individuals to engage in the practice of a profession and to use a particular title
License
The action of a lawsuit
Litigation
A document that states medical treatments(s) the client chooses to omit or refuse in the event that the client is unable to make these decisions
Living will
The negligent acts of persons engaging in professions or occupations in which highly technical and professional skills are employed
Malpractice
The role of the nurse in which he or she identifies and assesses cases of violence against others, and every case the situation must be reported to the proper authorities
Mandated reporters
Second-degree murder
Manslaughter
A physician who usually has advanced education in pathology or forensic medicine who determines cause of death
Medical examiner
A legal offense usually punishable by a fine or short-term jail sentence, or both
Misdemeanor
A regulatory model developed by the national Council of State boards of nursing, which allows for multistate licensure
Mutual recognition model
Failure to behave in a reasonable and prudent manner; an unintentional tort
Negligence
A person claiming infringement of legal rights by one or more persons
Plaintiff
The body of law that deals with relationships between private individuals
Private (civil) law
Refers to the body of law that deals with relationships between individuals and the government and governmental agencies
Public Law
“The thing that speaks for itself”, A legal doctrine that relates to negligence in which the harm cannot be traced to a specific health care provider or standard but does not normally occur unless there has been a negligent act
Res ipsa loquitur
A legal term meaning “let the master answer”; the employer assumes responsibility for the conduct of the employee and can also be held responsible for malpractice by the employee
Respondeat superior
The specific accountability or liability associated with the performance of duties of a particular role
Responsibility
(Legal) A privilege or fundamental power to which an individual is entitled unless it is revoked by law are given up voluntarily
Right
Determination by the spoken word, stating unprivileged (not legally protected) or false words by which a reputation is damaged
Slander
The skills and learning commonly possessed by members of a profession
Standards of care
A law enacted by any legislative body
Statutory law
An organized work stoppage by a group of employees to express a grievance, enforce a demand for changes in condition of employment, or some of a dispute with management
Strike
A civil wrong committed against a person or persons property
Tort
Law that defines and enforces duties and rights among private individuals that are not based on contractual agreements
Tort law
A period during which all relevant facts are presented to a jury or judge
Trial
One of the grounds for action against the nurse’s license; includes incompetence or gross negligence, conviction of practicing without a license, falsification of court records, and illegally obtaining, using, or possessing control substances
Unprofessional conduct
The outcome made by a jury
Verdict
A variety of legal and lay documents that allow persons to specify aspects of care they wish to receive should they become unable to make or communicate their preferences
Advanced healthcare directive
