W3 Ppt Notes Flashcards
What is the definition of law?
Standard or rule of conduct established and enforced by government
Designed to protect the rights of the public
What is public law?
Government is directly involved and regulates relationships between individuals and government
Examples include criminal law and administrative law
What does private law refer to?
Civil law that regulates relationships among people
What does criminal law concern?
State and federal criminal statutes that define criminal actions
Examples include murder and theft
What are the sources of law?
- Constitutions
- Statutory law
- Administrative law
- Common law
What is litigation?
Process of bringing and trying a lawsuit
Who is the plaintiff?
Person bringing suit
Who is the defendant?
Person being accused of a crime
What is the presumption of innocence?
Presumes innocent until proven guilty
What are nurse practice acts?
Laws that regulate nursing practice
What is credentialing?
Process of verifying qualifications and competencies of healthcare professionals
What is accreditation?
Recognition granted to an institution or program for meeting specific standards
What is licensure?
Legal permission granted to practice a profession
What is certification?
Formal recognition of a professional’s qualifications in a specific area
What are reasons for suspending or revoking a nursing license?
- Drug/alcohol abuse
- Fraud
- Deceptive practice
- Criminal acts
- Previous disciplinary actions
- Gross or ordinary negligence
- Physical or mental impairments
What is a crime?
Wrong against a person or the person’s property as well as the public
What is a misdemeanor?
Punishable by fines or less than 1 year imprisonment
What is a felony?
Punishable by imprisonment for more than 1 year
What is a tort?
A wrong committed by a person against another person or that person’s property; tried in civil court
What are the two types of torts?
- Intentional
- Unintentional
What are examples of intentional torts?
- Assault and battery
- Defamation of character
- Invasion of privacy
- False imprisonment
- Fraud
What are examples of unintentional torts?
- Negligence
- Malpractice
What rights does HIPAA ensure for patients?
- To see and copy their health record
- To update their health record
- To request correction of any mistakes
- To request a restriction on certain uses or disclosures
- To choose how to receive health information
What are the 4 elements of liability?
- Duty
- Breach of Duty
- Causation
- Damages
