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

1
Q

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

A

duty of care

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2
Q

Negligence types?

A

Commission - did something wrong

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

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3
Q

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

A

Intentional tort

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4
Q

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

A

assault

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5
Q

Intentional application of force without consent

A

battery

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6
Q

No injury is needed for it to be considered _______

A

assault

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7
Q

What are the defenses against assault and battery?

A

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

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8
Q

Refers to deviation from a standard of care of professional colleges

A

negligence

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9
Q

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

A

nurses non-intentional failure to adhere to practice standards

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10
Q

Trial for negligence often requires ______ witnesses.

A

expert

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11
Q

Negligence:

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

commission, omission

expert

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12
Q

What are the elements of negligent action?

A

Duty
Breach of duty
Injury or loss

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13
Q

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

A

harm

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14
Q

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

A

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

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15
Q

Damage closely linked to actions of nurse

A

Proximate cause

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16
Q

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

A

Contributory cause

17
Q

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

A

Malpractice

18
Q

Negligence involving professionals

A

malpractice

19
Q

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

A

Criminal negligence

20
Q

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

A

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

21
Q

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

A

Professional misconduct

22
Q

Malpractice is almost always _______ _____, but not vice versa

A

professional misconduct

23
Q

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

24
Q

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

A

Procedures

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
Procedures
26
What are advantages of procedures?
Promote efficiency, safety and consistency in accomplishing tasks
27
What are disadvantages of procedures?
Situations/pt needs may change and not fit within instructions Fear of punishment for not strictly adhering Reduced autonomy
28
The same standard of care applies to the _____ and the ______ nurse.
beginner, expert
29
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
30
We must legally report incapacity.
yes
31
Liability for the wrong-doing of another
vicarious liability
32
Vicarious liability: - arises from ______-________ relationship Most common - employer is found liable for the ____ of an employee
employer-employee | tort
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 _______
standard of care tort liable; negligent
34
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