Week 2: The legal context for practice (part 2) Flashcards
Non-intentional tort: a defendant must owe a ____ ___ ____ to the plaintiff either personally or as a member of a class.
duty of care
Negligence types?
Commission - did something wrong
Omission - didn’t do something (didn’t know, turned a blind eye, or just didn’t do it)
In healthcare, _________ ____(part of civil law) related to the right of a pateint to refuse or consent to care.
Intentional tort
Intentionally and voluntarily causing the reasonable apprehension of an immediate harmful contact
assault
Intentional application of force without consent
battery
No injury is needed for it to be considered _______
assault
What are the defenses against assault and battery?
Consent - express or implied
Necessity - e.g. emergency (harm or death would have occurred)
self-defense
Refers to deviation from a standard of care of professional colleges
negligence
What is the most common reason for negligence charges in nursing?
nurses non-intentional failure to adhere to practice standards
Trial for negligence often requires ______ witnesses.
expert
Negligence:
- may occur from ______ or ________ of act
- compared to ______ __ _____
- often times need an ______ witness
commission, omission
expert
What are the elements of negligent action?
Duty
Breach of duty
Injury or loss
An act is not considered negligent if no _____ came about.
harm
To be found liable for negligence, four elements must be considered. What are they?
Was there duty of care?
What was the standard of care?
Was there proximate cause?
Did the plaintiff at all contribute to the damage?
Damage closely linked to actions of nurse
Proximate cause
Damages resulted in part due to the contribution of the plaintiff.
Contributory cause
Type of negligence where a health professional failed to observe and adhere to appropriate standard of care for a given act or procedure
Malpractice
Negligence involving professionals
malpractice
Negligence associated with doing nothing/something with reckless disregard for the lives or safety of other persons
Criminal negligence
In addition to meeting the criteria for negligence, to be charged with criminal negligence you must also?
Completely disregard the consequences
Fail to recognize risk or recognize and choose to proceed anyway
Action/inaction caused death or bodily harm
The act of doing or failing to do something that is a breach of accepted ethical and professional standards of behaviour, or that is contrary to the public interest
Professional misconduct
Malpractice is almost always _______ _____, but not vice versa
professional misconduct
Statements that have been formalized to guide actions in accomplishing the objectives of the organization
policies
Series of steps in a chronological order of required action, they describe in detail the exact manner in which certain activities or actions must be accomplished
Procedures
Series of steps in a chronological order of required action, they describe in detail the exact manner in which certain activities or actions must be accomplished
Procedures
What are advantages of procedures?
Promote efficiency, safety and consistency in accomplishing tasks
What are disadvantages of procedures?
Situations/pt needs may change and not fit within instructions
Fear of punishment for not strictly adhering
Reduced autonomy
The same standard of care applies to the _____ and the ______ nurse.
beginner, expert
What are the two essential components of the college’s definition of incapacity?
Nurse must have a physical/mental condition or disorder; and
The condition or disorder must warrant some restrictions on the nurse’s practice or that he or she not be permitted to practice
We must legally report incapacity.
yes
Liability for the wrong-doing of another
vicarious liability
Vicarious liability:
- arises from ______-________ relationship
Most common - employer is found liable for the ____ of an employee
employer-employee
tort
Vicarious liability
- employers may be held vicariously liable for employees who fail to meet minimal “_____ __ _____”
- doctors are not liable for _____ of nurses committed while carrying out MD orders (hospital vicariously liable); but MD may be personally ________ if pt injured/harmed by nursing action if MD orders were found to be _______
standard of care
tort
liable; negligent
The standard of care are based on what?
Conduct expected of a nurse exhibiting reasonable judgement in a similar circumstance
CNO standards/policies
policies and procedures of organization
