Nature Of Nursing-ch4: Legal Aspects Of Nursing

Question 1

(Legal) A written response made by the defendant

Answer 1

Answer

Question 2

An attempt or threat to touch another person unjustifiably

Answer 2

Assault

Question 3

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

Answer 3

Autopsy

Question 4

(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

Answer 4

Battery

Question 5

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

Answer 5

Breach of duty

Question 6

The duty of proving an assertion

Answer 6

Burden of proof

Question 7

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

Answer 7

Causation

Question 8

Deals with the relationship between individuals in society

Answer 8

Civil action

Question 9

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

Answer 9

Civil law

Question 10

The body of principles that evolves from court decisions

Answer 10

Common-law

Question 11

(Legal) The document filed by plaintiff

Answer 11

Complaint

Question 12

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

Answer 12

Contract

Question 13

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

Answer 13

Contract law

Question 14

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

Answer 14

Contractual obligation

Question 15

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

Answer 15

Contractual relationships

Question 16

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

Answer 16

Coroner

Question 17

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

Answer 17

Credentialing

Question 18

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

Answer 18

Crime

Question 19

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

Answer 19

Criminal actions

Question 20

Deals with actions against the safety and welfare of the public

Answer 20

Criminal law

Question 21

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

Answer 21

Damages

Question 22

(Legal) outcome made by a judge

Answer 22

Decision

Question 23

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

Answer 23

Defamation

Question 24

(Legal) person against whom the plaintiff files a complaint

Answer 24

Defendant

Question 25

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

Answer 25

Delegation

Question 26

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

Answer 26

Discovery

Question 27

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

Answer 27

Duty

Question 28

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

Answer 28

Euthanasia

Question 29

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

Answer 29

Expert witness

Question 30

An oral or written agreement

Answer 30

Express consent

Question 31

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

Answer 31

False imprisonment

Question 32

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

Answer 32

Felony

Question 33

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

Answer 33

Foreseeability

Question 34

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

Answer 34

Gross negligence

Question 35

(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

Answer 35

Harm

Question 36

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

Answer 36

Health care proxy

Question 37

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

Answer 37

Impaired nurse

Question 38

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

Answer 38

Implied consent

Question 39

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

Answer 39

Implied contract

Question 40

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

Answer 40

Informed consent

Question 41

A legal inquiry into the cause or manner of the death

Answer 41

Inquest

Question 42

An agreement between two or more states

Answer 42

Interstate compact

Question 43

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

Answer 43

Invasion of privacy

Question 44

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

Answer 44

Law

Question 45

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

Answer 45

Liability

Question 46

Defamation by means of print, writing, or pictures

Answer 46

Libel

Question 47

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

Answer 47

License

Question 48

The action of a lawsuit

Answer 48

Litigation

Question 49

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

Answer 49

Living will

Question 50

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

Answer 50

Malpractice

Question 51

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

Answer 51

Mandated reporters

Question 52

Second-degree murder

Answer 52

Manslaughter

Question 53

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

Answer 53

Medical examiner

Question 54

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

Answer 54

Misdemeanor

Question 55

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

Answer 55

Mutual recognition model

Question 56

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

Answer 56

Negligence

Question 57

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

Answer 57

Plaintiff

Question 58

The body of law that deals with relationships between private individuals

Answer 58

Private (civil) law

Question 59

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

Answer 59

Public Law

Question 60

"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

Answer 60

Res ipsa loquitur

Question 61

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

Answer 61

Respondeat superior

Question 62

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

Answer 62

Responsibility

Question 63

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

Answer 63

Right

Question 64

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

Answer 64

Slander

Question 65

The skills and learning commonly possessed by members of a profession

Answer 65

Standards of care

Question 66

A law enacted by any legislative body

Answer 66

Statutory law

Question 67

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

Answer 67

Strike

Question 68

A civil wrong committed against a person or persons property

Answer 68

Tort

Question 69

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

Answer 69

Tort law

Question 70

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

Answer 70

Trial

Question 71

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

Answer 71

Unprofessional conduct

Question 72

The outcome made by a jury

Answer 72

Verdict

Question 73

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

Answer 73

Advanced healthcare directive