Vocab: Legal

Question 1

accreditation

Answer 1

process by which an educational program is evaluated and then recognized as having met certain predetermined standards of education

Question 2

assult

Answer 2

threat or an attempt to make bodily contact with another person without that person’s permission

Question 3

battery

Answer 3

assault that is carried out

Question 4

certification

Answer 4

process by which a person who has met certain criteria established by a nongovernmental association is granted recognition

Question 5

common law

Answer 5

law resulting from court decisions that is then followed when other cases involving similar circumstances and facts arise; common law is as binding as civil law

Question 6

credentialing

Answer 6

general term that refers to ways in which professional competence is maintained

Question 7

crime

Answer 7

offense against people or property; the act is considered to be against the government, referred to in a lawsuit as “the people,” and the accused is prosecuted by the state

Question 8

defamation of character

Answer 8

an intentional tort in which one party makes derogatory remarks about another that diminishes the other party’s reputation; slander is oral defamation of character; libel is written defamation of character

Question 9

defendant

Answer 9

the one being accused of a crime or tort

Question 10

expert witness

Answer 10

nurse who explains to the judge and jury what happened based on the patient’s record and who offers an opinion as to whether the nursing care met acceptable standards of practice

Question 11

fact witness

Answer 11

nurse who has knowledge of the actual incident prompting a legal case; bases testimony on firsthand knowledge of the incident, not on assumptions

Question 12

felony

Answer 12

(1) crime punishable by imprisonment in a state or federal penitentiary for more than 1 year; (2) crime of greater offense than a misdemeanor

Question 13

fraud

Answer 13

willful and purposeful misrepresentation that could cause, or has caused, loss or harm to people or property

Question 14

incident report

Answer 14

a report of any event that is not consistent with the routine operation of the health care facility that results in or has the potential to result in harm to a patient, employee, or visitor

Question 15

law

Answer 15

rule of conduct established and enforced by the government of a society

Question 16

liability

Answer 16

legal responsibility for one’s acts (and failure to act); includes responsibility for financial restitution of harms resulting from negligent acts

Question 17

licensure

Answer 17

to be given a license to practice nursing in a state or province after successfully meeting requirements

Question 18

litigation

Answer 18

process of lawsuit

Question 19

malpractice

Answer 19

act of negligence as applied to a professional person such as a physician, nurse, or dentist

Question 20

misdemeanor

Answer 20

crime of lesser offense than a felony and punishable by fines, imprisonment (usually for less than 1 year), or both

Question 21

negligence

Answer 21

performing an act that a reasonably prudent person under similar circumstances would not do, or failing to perform an act that a reasonably prudent person under similar circumstances would do

Question 22

plaintiff

Answer 22

plaintiff: person or government bringing a lawsuit against another

Question 23

root cause analysis

Answer 23

deep investigation into a sentinel event to determine why the event occurred, and exploring the circumstances that led to it to determine where improvements can be made

Question 24

sentinel event

Answer 24

an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof

Question 25

statutory law

Answer 25

law enacted by a legislative body

Question 26

tort

Answer 26

wrong committed by a person against another person or that person’s property

Question 27

whistle-blowing

Answer 27

term generally used to refer to employees who report their employers’ violation of the law to appropriate law enforcement agencies outside the employers’ facilities