Week 2: The legal context for practice (part 2)

Question 1

Non-intentional tort: a defendant must owe a ____ ___ ____ to the plaintiff either personally or as a member of a class.

Answer 1

duty of care

Question 2

Negligence types?

Answer 2

Commission - did something wrong

Omission - didn’t do something (didn’t know, turned a blind eye, or just didn’t do it)

Question 3

In healthcare, _________ ____(part of civil law) related to the right of a pateint to refuse or consent to care.

Answer 3

Intentional tort

Question 4

Intentionally and voluntarily causing the reasonable apprehension of an immediate harmful contact

Answer 4

assault

Question 5

Intentional application of force without consent

Answer 5

battery

Question 6

No injury is needed for it to be considered _______

Answer 6

assault

Question 7

What are the defenses against assault and battery?

Answer 7

Consent - express or implied
Necessity - e.g. emergency (harm or death would have occurred)
self-defense

Question 8

Refers to deviation from a standard of care of professional colleges

Answer 8

negligence

Question 9

What is the most common reason for negligence charges in nursing?

Answer 9

nurses non-intentional failure to adhere to practice standards

Question 10

Trial for negligence often requires ______ witnesses.

Answer 10

expert

Question 11

Negligence:

• may occur from ______ or ________ of act
• compared to ______ __ _____
• often times need an ______ witness

Answer 11

commission, omission

expert

Question 12

What are the elements of negligent action?

Answer 12

Duty
Breach of duty
Injury or loss

Question 13

An act is not considered negligent if no _____ came about.

Answer 13

harm

Question 14

To be found liable for negligence, four elements must be considered. What are they?

Answer 14

Was there duty of care?
What was the standard of care?
Was there proximate cause?
Did the plaintiff at all contribute to the damage?

Question 15

Damage closely linked to actions of nurse

Answer 15

Proximate cause

Question 16

Damages resulted in part due to the contribution of the plaintiff.

Answer 16

Contributory cause

Question 17

Type of negligence where a health professional failed to observe and adhere to appropriate standard of care for a given act or procedure

Answer 17

Malpractice

Question 18

Negligence involving professionals

Answer 18

malpractice

Question 19

Negligence associated with doing nothing/something with reckless disregard for the lives or safety of other persons

Answer 19

Criminal negligence

Question 20

In addition to meeting the criteria for negligence, to be charged with criminal negligence you must also?

Answer 20

Completely disregard the consequences
Fail to recognize risk or recognize and choose to proceed anyway
Action/inaction caused death or bodily harm

Question 21

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

Answer 21

Professional misconduct

Question 22

Malpractice is almost always _______ _____, but not vice versa

Answer 22

professional misconduct

Question 23

Statements that have been formalized to guide actions in accomplishing the objectives of the organization

Answer 23

policies

Question 24

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

Answer 24

Procedures

Question 25

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

Answer 25

Procedures

Question 26

What are advantages of procedures?

Answer 26

Promote efficiency, safety and consistency in accomplishing tasks

Question 27

What are disadvantages of procedures?

Answer 27

Situations/pt needs may change and not fit within instructions
Fear of punishment for not strictly adhering
Reduced autonomy

Question 28

The same standard of care applies to the _____ and the ______ nurse.

Answer 28

beginner, expert

Question 29

What are the two essential components of the college’s definition of incapacity?

Answer 29

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

Question 30

We must legally report incapacity.

Answer 30

yes

Question 31

Liability for the wrong-doing of another

Answer 31

vicarious liability

Question 32

Vicarious liability:
- arises from ______-________ relationship
Most common - employer is found liable for the ____ of an employee

Answer 32

employer-employee

tort

Question 33

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 _______

Answer 33

standard of care
tort
liable; negligent

Question 34

The standard of care are based on what?

Answer 34

Conduct expected of a nurse exhibiting reasonable judgement in a similar circumstance
CNO standards/policies
policies and procedures of organization