objective 3.1 Flashcards
serves as a form of public policy
that represents a collective set of values and
beliefs that are deems important and
necessary as a way to maintain order and
peace within societies
law
what are the 5 basic functions of law?
- To help maintain order in our social lives.
- To provide ways of resolving conflicts between people and
groups. - To reflect the social norms and expectations for individuals,
groups, and organizations in their social lives. - To help create social change and drive necessary changes
in accepted behaviors and norms. - To describe the civil rights of individuals and outline ways
that those rights are protected.
why do nurses need to know the law?
Failure to understand professional
responsibilities and
standards puts the nurse at risk of
disciplinary or legal
action
Complex situations can arise
before laws can be made
to deal with them
Nurses have legal obligations to
their patients
Nurses have corresponding rights
refers to laws set out by
the government through acts,
statutes, codes, or legislation
statutory law
refers to law
(commonly regarded as “written law”)
that is constructed and modified by a
legislative body
legislation
includes those laws that
have been derived from the system of
courts and judges. These laws are
often referred to as “judicial
precedent” or “judge-made”.
* arise from precedent
and are recorded through
documentation of relevant case law
and the decisions of courts.
common laws
are those higher laws that apply to all persons
and thus should override human-made laws.
* They include matters such as the right to defend oneself from
harm as well as concepts of natural justice and the right to be
heard.
natural laws
a term used in law
and ethics referring to a
trusting relationship in which
there is a clear and binding
obligation to act in the best
interests of the other.
fiduciary
this refers to the
legal or ethical obligation of
many professionals, including
for example nurses, doctors and
lawyers, to act in the best
interests of another person (ex:
patient) and to put their own
best interests aside, as part of a
relationship involving trust and
good faith.
fiduciary duty
Laws related to public
welfare.
Crimes are punishable by
imprisonment, probation,
loss of license or fines.
Any violation of a law that
governs nursing practice
is a crime.
criminal law
Laws between organizations
and/or individuals.
civil law
is a violation of a civil law in which another has been
wronged
tort
Common law imposes on persons a duty of care to those people who are close to, or closely connected with, one’s conduct or activities.
Professionals such as nurses owe a duty of care to those who retain their services or are placed in their care to act in a competent and diligent manner according to reasonable standards and expectations.
professional duty of care
is the broad professional knowledge, attitude, and skills one must have in order to work in a specialized area or profession.
Disciplinary knowledge and the application of concepts, processes, and skills are required to test professional competence in any particular field.
Regulatory bodies make clear the standards and competence required of professional nurses.
When a member’s conduct falls below the standard, a member will be investigated and, if warranted, subjected to charges, a hearing, and sanctions.
To avoid legal complications, nurses should always ensure that they are in strict compliance with the standards, rules, and regulations of their profession.
professional competence
occurs when a professional’s behaviour fails to meet the ethical and legal rules and standards of the profession.
professional misconduct
a common type of non-intentional tort and requires that there be an existent duty of care that was breached in a particular way by a person who was expected to uphold a standard of care and who could reasonably foresee that their actions might result in the wrongful act or injury
Failure to exercise the degree of care that a person of ordinary prudence, based on the reasonable standard, would exercise under the same or similar circumstances.
negligence
what are the elements of negligence?
Duty to care owed to the plaintiff (pt. or client)
Breach of duty of care by the defendant (e.g. nurse or physician) by failure to administer treatment or provide health care in accordance with a particular standard of care.
Pt. suffers damage as a direct result of the breach of the duty of care.
To be liable in tort, a defendant must owe a duty of care to the plaintiff, either personally or as a member of a class of person’s, such as pt.’s seeking health care perhaps.
duty of care
In legal proceedings, the nurse’s practice is examined and compared with normal, competent, and reasonable standards of nursing practice to determine whether the conduct in question conformed with that expected of a reasonably competent and skilled nurse.
standard of care and causation
in strict legal terms, encompasses several professional wrongdoings and liability, but it is commonly understood as a type of medical or nursing negligence.
malpractice
that has caused suffering or injury may be legally actionable as a claim for damages (and reduced to a claim for money) as a result.
negligence
– the concept that certain events may reasonably be expected to cause specific consequences; an element of negligence and malpractice
foreseeability
Defined as common law as intentionally bringing about a harmful or offensive and non-consensual act upon another. Unlawful touching of another without consent.
battery
can be described as permission given by a person for someone else to perform an act upon him or her, may be explicit or implied by the circumstances or by the conduct of the aggrieved person.
consent
given either orally or written
expressed consent
agreement to an act inferred from the actions of the recipient
implied consent
the right of the individual to determine when, how, and to what extent he or she will release personal information”
privacy
related to holding in private any information provided and protecting the exchange of information with an obligation to prevent release of information to those who are unauthorized
confidentiality
