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Fundamentals of Nursing > Nature Of Nursing-ch4: Legal Aspects Of Nursing > Flashcards

Nature Of Nursing-ch4: Legal Aspects Of Nursing Flashcards

1
Q

(Legal) A written response made by the defendant

A

Answer

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2
Q

An attempt or threat to touch another person unjustifiably

A

Assault

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3
Q

Examination of the body after death to determine the cause of death and to learn more about a disease process

A

Autopsy

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4
Q

(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

A

Battery

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5
Q

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

A

Breach of duty

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6
Q

The duty of proving an assertion

A

Burden of proof

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7
Q

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

A

Causation

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8
Q

Deals with the relationship between individuals in society

A

Civil action

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9
Q

The body of law that deals with relationships among private individuals; also known as private long

A

Civil law

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10
Q

The body of principles that evolves from court decisions

A

Common-law

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11
Q

(Legal) The document filed by plaintiff

A

Complaint

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12
Q

A written or verbal agreement between two or more people to do or not do some lawful act

A

Contract

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13
Q

The enforcement of agreements among private individuals or the payment of consumption for failure to fill the agreement

A

Contract law

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14
Q

Duty of care established by the presence of an expressed or implied contract

A

Contractual obligation

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15
Q

Vary among practice settings; may be as an independent or employer – employee relationship

A

Contractual relationships

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16
Q

A physician who is authorized by the county or other government agency to determine causes of death under unusual circumstances

A

Coroner

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17
Q

The process of determining and maintaining competence in practice; includes licensure, registration, certification, and accreditation

A

Credentialing

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18
Q

An act committed in violation of public (criminal) law and punishable by a fine and/or imprisonment

A

Crime

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19
Q

Deal with disputes between an individual and the society as a whole

A

Criminal actions

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20
Q

Deals with actions against the safety and welfare of the public

A

Criminal law

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21
Q

If malpractice caused the injury, the nurse is held liable for damages that may be compensated

A

Damages

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22
Q

(Legal) outcome made by a judge

A

Decision

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23
Q

(Legal) a communication that is false, or made with careless disregard for the truth, and results in injury to the reputation of another

A

Defamation

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24
Q

(Legal) person against whom the plaintiff files a complaint

A

Defendant

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25
Q

Transference of responsibility and authority for an activity to a competent individual

A

Delegation

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26
Q

(Legal) pretrial activities to gain all the facts of the situation

A

Discovery

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27
Q

The nurse must have or (should have had) a relationship with the client that involves providing care and following an acceptable standard of care

A

Duty

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28
Q

The act of painlessly putting to death persons suffering from incurable or distressing disease

A

Euthanasia

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29
Q

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

A

Expert witness

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30
Q

An oral or written agreement

A

Express consent

31
Q

The unlawful restraint or detention of another person against his or her wishes

A

False imprisonment

32
Q

A crime of a serious nature, such as murder, punishable by term in prison

A

Felony

33
Q

A link that must exist between the nurses act and the injury suffered

A

Foreseeability

34
Q

Involves extreme lack of knowledge, skill, or decision-making that the person clearly should have known would put others at risk for harm

A

Gross negligence

35
Q

(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

A

Harm

36
Q

A legal statement that appoints a proxy to make medical decisions for the client in the event the client is unable to do so

A

Health care proxy

37
Q

A nurse who’s practice has deteriorated because of chemical abuse

A

Impaired nurse

38
Q

Consent that is assumed in an emergency when consent cannot be obtained from the client or relative

A

Implied consent

39
Q

A contract that has not been explicitly agreed to by the parties but that the law nevertheless considers to exist

A

Implied contract

40
Q

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

A

Informed consent

41
Q

A legal inquiry into the cause or manner of the death

A

Inquest

42
Q

An agreement between two or more states

A

Interstate compact

43
Q

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

A

Invasion of privacy

44
Q

A rule made by humans that regulates social conduct in a formally prescribed and binding manner

A

Law

45
Q

The quality or state of being legally responsible for one’s obligations and action and to make financial restitution for wrongful acts

A

Liability

46
Q

Defamation by means of print, writing, or pictures

A

Libel

47
Q

A legal permit granted to individuals to engage in the practice of a profession and to use a particular title

A

License

48
Q

The action of a lawsuit

A

Litigation

49
Q

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

A

Living will

50
Q

The negligent acts of persons engaging in professions or occupations in which highly technical and professional skills are employed

A

Malpractice

51
Q

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

A

Mandated reporters

52
Q

Second-degree murder

A

Manslaughter

53
Q

A physician who usually has advanced education in pathology or forensic medicine who determines cause of death

A

Medical examiner

54
Q

A legal offense usually punishable by a fine or short-term jail sentence, or both

A

Misdemeanor

55
Q

A regulatory model developed by the national Council of State boards of nursing, which allows for multistate licensure

A

Mutual recognition model

56
Q

Failure to behave in a reasonable and prudent manner; an unintentional tort

A

Negligence

57
Q

A person claiming infringement of legal rights by one or more persons

A

Plaintiff

58
Q

The body of law that deals with relationships between private individuals

A

Private (civil) law

59
Q

Refers to the body of law that deals with relationships between individuals and the government and governmental agencies

A

Public Law

60
Q

“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

A

Res ipsa loquitur

61
Q

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

A

Respondeat superior

62
Q

The specific accountability or liability associated with the performance of duties of a particular role

A

Responsibility

63
Q

(Legal) A privilege or fundamental power to which an individual is entitled unless it is revoked by law are given up voluntarily

A

Right

64
Q

Determination by the spoken word, stating unprivileged (not legally protected) or false words by which a reputation is damaged

A

Slander

65
Q

The skills and learning commonly possessed by members of a profession

A

Standards of care

66
Q

A law enacted by any legislative body

A

Statutory law

67
Q

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

A

Strike

68
Q

A civil wrong committed against a person or persons property

A

Tort

69
Q

Law that defines and enforces duties and rights among private individuals that are not based on contractual agreements

A

Tort law

70
Q

A period during which all relevant facts are presented to a jury or judge

A

Trial

71
Q

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

A

Unprofessional conduct

72
Q

The outcome made by a jury

A

Verdict

73
Q

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

A

Advanced healthcare directive

Fundamentals of Nursing (21 decks)

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