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101 Cards in this Set
- Front
- Back
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THE 2 PRIMARY SUBDIVISION OF LAW THAT APPLY TO NURSING
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1-CIVIL LAW
2-CRIMINAL LAW |
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LAW THAT INVOLVES THE PROTECTION OF BOTH THE PERSON AND PERSONAL PROPERTY
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CIVIL LAW
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TYPE OF LAW THAT IS DESIGNED TO PROTECT SOCIETY FROM HARMFUL AND CRIMINAL ACTS OF INDIVIDUALS
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CRIMINAL LAW
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A VIOLATION OF A CIVIL LAW THAT RESULTS IN PERSONAL INJURY OR PERSONAL PROPERTY DAMAGE IS CALLED A
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TORT
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INVOLVES A VIOLATION OF A PERSONAL RIGHT
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TORT
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MOST COMMON VIOLATION OF LAW IN NURSING PRACTICE
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TORT
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CAN BE A WRONGFUL ACT, AN INJURY, OR SOME OTHER TYPES OF DAMAGE AFFECTING ANOTHER PERSON OR A GROUP OF PEOPLE
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TORT
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CAN BE INTENTIONAL OR UNINTENTIONAL
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TORT
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TYPES OF TORTS
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-ASSAULT
-BATTERY -ABANDONMENT -CHARACTER FEDAMATION (LIBEL AND SLANDER) -FALSE IMPRISONMENT -FRAUD -INVASION OF PRIVACY -NEGLIGENCE -MALPRACTICE |
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AN INTENTIONAL VERBAL THREAT OR AN ATTEMP TO INFLICT PHYSICAL HARM ON SOMEONE
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ASSAULT
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A REASONABLE AND PRESENT FEAT OF IMMEDIATE PHYSICAL DANGER
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ASSAULT
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UNJUSTIFIED AND INTENTIONAL APPLICATION OF FORCE
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BATTERY
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CAN BE COMPLETION OF AN ASSAULT OR IT CAN OCCUR WITHOUT ASSAULT HAVING TAKEN PLACE
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BATTERY
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VIOLATE ONE'S RIGHT TO PERSONAL SAFETY AND SECURITY
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ASSAULT AND BATTERY
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CAN BE VIOLATIONS OF CIVIL AND CRIMINAL LAW
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ASSAULT AND BATTERY
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LEAVING AN PATIENT UNATTENDED
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ABANDONMENT
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ATTACKING OR INJURYING THE REPUTATION OF ANOTHER PERSON BY MAKING FALSE AND MALICIOUS STATEMENTS
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CHARACTER DEFAMATION
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TYPES IF CHARACTER DEFAMATION
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-LIBEL
-SLANDER |
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OCCURS THROUGH PRINTED STATEMENTS, WRITTEN WORDS, PHOTOS, ETC
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LIBEL
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VERBAL DEFAMATION OF ONES CHARACTER
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SLANDER
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VIOLATES THE RIGHTS TO MAINTAIN AND ENJOY A GOOD REPUTATION
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CHARACTER DEFAMATION
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UNLAWFUL DETENTION
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FALSE IMPRISONMENT
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MUST HAVE OCCURED AGAINST THE PERSONS WILL
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FALSE IMPRISONMENT
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MUST HAVE PREVENTED THE PERSON FROM MOVING ABOUT FREELY
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FALSE IMPRISONMENT
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MUST HAVE ACCOMPLISHED BY THREAT, FORCE, OR COMMAND
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FALSE IMPRISONMENT
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VILOLATES A PERONS RIGHT TO PERSONAL LIBERY OR FREEDOM
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FALSE IMPRISONMENT
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ORDERS FOR RESTRAINTS MUST INCLUDE WHAT
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TYPE OF RESTRAINT
REASON FOR RESTRAINT TIME RESTRAINT IS TO BE APPLIED CRITERIA FOR RESTRAINT REMOVAL |
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CAN NEVER BE ORDERED PRN
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RESTRAINTS
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WHEN CAN A NURSE APPLY A RESTRAINT WITHOUT A PHYSICAN'S ORDER
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ONLY IN EMERGENCY
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INTENTIONALLY FALSE STATEMENT MADE BY ONE PERSON TO ANOTHER WITH THE INTENT TO DECEIVE THE OTHER PERSON
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FRAUD
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CAN BE A VIOLATION OF CIVIL OR CRIMINAL LAW
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FRAUD
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BREACH OF CONFIDENTIALITY
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INVASION OF PRIVACY
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WHEN CAN YOU BREACH CONFIDENTIALITY
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WHEN SOMEONE IS SUICIDAL OR REPORTING CHILD OR ADULT ABUSE
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FAILURE TO DO THE REQUIRED THING
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NEGLIGENCE
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EXERICISE THE REASONABLE AMOUNT OF CARE THAT A PERSON OF ORDINARY PRUDENCE IS IN A SIMILAR CIRCUMSTANCE WOULD
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NEGLIGENCE
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TYPES OF UNINTENTIONAL TORTS
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NEGLIGENCE
MALPRACTICE |
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INVOLVES OMISSIONS AS WELL AS COMMISSIONS
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MALPRACTICE
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MEANS DISCONDUCT OR IMPROPER PRACTICE BY ANY PROFESSIONAL OR OFFICAL THAT RESULTS IN INJURY OR HARM
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MALPRACTICE
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INCLUDES INFORMATION ABOUT THE BOUNDERIES AND THE SCOPE OF NURSING PRACTICE
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NURSE PRACTICE ACT
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FAILURE TO ACT AS A PRUDENT PROFESSIONAL ACCORDING TO THE STANDARDS OF CARE
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BREACH OF DUTY
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LAW THAT IS DESIGNED TO PROTECT THE PUBLIC FROM HARMFUL CRIMINAL ACTS OF INDIVIDUALS
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CRIMINAL LAW
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THREE TYPES OF CRIMINAL LAW
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1-NEGLIGENCE
2-PHYSICAL OR PSYCHOLOGICAL PATIENT ABUSE 3-ASSISTED SUICIDE |
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PROFESSIONS ARE UNDER OBLIGATION TO PRACTICE ACCORDING TO THE STANDARDS OF THEIR PROFESSION
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PROFESSIONAL LIABILITY
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CLASSIFICATION OF CRIMES
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-MISDEMEANORS
-FELONIES |
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EXAMPLES ARE
-THEFT -PUSHING OR STIKING A PATIENT WHAT TYPE OF CRIME |
MISDEMEANORS
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FALSIFICATION OF NARCOTIC RECORDS
WITH HOLDING LIFESUPPORT ARE EXAMPLES OF WHAT TYPE OF CRIME |
FELONY
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A LAW OF COUNTRY OR STATE BASED ON COMMON CUSTOMS
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COMMON LAW
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LAW THAT MAY CHANGE OVER TIME
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COMMON LAW
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RULING OF THIS LAW MAY BE BASED ON THE PREVAILING CUSTOMS OF THE COMMUNITY
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COMMON LAW
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PREVIOUS DECISIONS AND JUDGEMENTS THAT HAVE BEEN MADE IN COURTS OF THE LAW
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CASE LAW
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AS SO CALLED JUDICIAL LAW
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CASE LAW
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WRITTEN BODY OF ESTABLISHED RULES OR ENACTMENTS THAT HAVE BEEN PASSED AND FORMALIZED BY THE LEGISLATIVE BODY OF GOVERNMENT
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STATUTORY LAW
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STATUTORY LAW COMPRISES WHAT 3 TYPES OF LAW
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1-CONSTITUTIONAL LAW
2-ENACTED LAW 3-REGULATORY LAW |
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FEDERAL LAW BASED ON THE US CONSTITUTION
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CONSTITUTIONAL LAW
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MOST AUTHORITATIVE TYPE OF LAW
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CONSTITUTIONAL LAW
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GUARANTESS RIGHTS TO PEOPLE, LIKE THE RIGHT TO PRIVACY
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CONSTITUTIONAL LAW
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SECOND MOST AUTHORITATIVE TYPE OF LAW
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ENACTED LAW
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EXAMPLES OF ENACTED LAWS
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-SOCIAL SECURITY
-STATE NURSE PRACTICE ACTS |
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THIRD MOST AUTHORITATIVE TYPE OF LAW
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REGULATORY LAW
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AS KNOWN AS EXECUTIVE OR ADMINISTRATIVE LAW
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REGULATORY LAW
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LAW THAT PROVIDES THE RULES AND REGULATIONS GOVERNING THE EXECUTION OF ENACTED LAW
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REGULATORY LAW
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THE PURPOSE OF MANDATORY PROFESSIONAL LICENSURE IS TO
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ASSURE THE PUBLIC THAT WHOEVER HOLDS THE LICENSE IS COMPETENT TO CARE FOR THEM IF A SFE AND PROFESSIONAL MANNER
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WHAT IS THE NAME TO APPLY FOR A LICENSE IN ANOTHER STATE
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ENDORSEMENT
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NURSES CAN BE LEGALLY LICENSED IN ONE STATE BUT PRACTICE IN ANOTHER STATE IS CALLED
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MULTISTATE LICENSURE
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PARTY STATE
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PARTICPATES IN MULTISTATE LICENSURES
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THE PRIMARY PURPOSE OF REQUIRING CONTINUING EDUCATION
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ENSURE THAT NURSES HAVE CURRENT AND UP TO DATE KNOWLEDGE
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A PERSONS RIGHT TO ACCESS ALL FEDERAL AGENCY RECORDS EXCEPT THOSE PROTECTED FROM DISCLOSURE
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THE FREEDOM OF INFORMATION ACT
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INCLUDES SPECIFIC STANDARDS OC CARE FOR NURSING HOMES AND OTHER FACILITIES THAT RECEIVE MEDICARE AND MEDICAID FUNDING
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THE OMNIBUS BUDGET RECONCILIATION ACT (OBRA)
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MANDATE OF THIS ACT SPECIFIED THE DECREASES USE OF PHYSICAL AND CHEMICAL RESTRAINTS
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THE OMNIBUS BUDGET RECONCILIATION ACT (OBRA)
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WROTE POLICIES TI IDENTIFY POTENTIAL ORGAN DONORS
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THE OMNIBUS BUDGET RECONCILIATION ACT (OBRA)
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PATIENT SELF-DETERMINATION ACT WAS A FEDERAL LAW PASSED AS PART OF THE
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OMNIBUS BUDGET RECONCILIATION ACT (OBRA)
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STATES THAT ANY FACILITY RECEIVING MEDICARE AND MEDICAID FUNDS GIVE WEITTEN INFORMATION TO ALL PATIENTS ABOUT THEIR RIGHTS TO MAKE AUTONOMOUS DECISIONS AND ABOUT ADVANCE DIRECTIVES
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PATIENT SELF-DETERMINATION ACT
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ENSURES THAT PEOPLE WITH DISABILITIES ARE NOT DISCRIMINATED AGAINST
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AMERICANS WITH DISABILITIES ACT
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REQUIRES EMPLOYERS TO FIND WAYS TO REASONABLY ACCOMDODATE PEOPLE WITH DISABILITIES SO THAT THEY CAN CONTINUE TO WORK
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AMERICAN WITH DISABILITIES ACT
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PASSED TO PROTECT THE PUBLIC FROM MEDICAL PRODUCTS
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SAFE MEDICAL DEVICE ACT
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ENSURES MORE PRIVACY FOR PATIENTS AND EMPLOYEES
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HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT
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INCLUDES THE RIGHT TO VIEW ONE'S OWN MEDICAL RECORDS AND TO OBTAIN A LIST OF ORGANIZATIONS THAT MAY ALSO HAVE ACCESS TO THAT INFORMATION
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HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
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NEEDLESTICK SAFETY AND PREVENTATION ACT IS PART OF
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OCCUPATIONAL SAFTEY AND HEALTH ADMINISTRATION (OSHA)
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DUE TO THE NEEDLESICK AND PREVENTATION ACT ALL AGENCIES MUST HAVE
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A PREVENTION PROGRAM IN PLACE FOR BLOOD-BORNE PATHOGENS
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OSHA ALSO HAS GUIDLINE FOR
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HEPATITS B VACCINE AVAILABLE TO ALL EMPLOYEES WHO MIGHT ME A RISK FOR EXPOSE
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STATES STATUTES THAT GENERALLY PROVIDE IMMUNITY FROM LIABILITY FOR HEALTH CARE PROVIDER WHO VOLUNTARILY RENDER FIRST AID AT ACCIDENTS SCENSE
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GOOD SAMARTIAN LAW
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WHAT MUST YOU DO TO BE PROTECTED UNDER THE GOOD SAMARITAN LAW
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-IT MUST BE A VOLUNTARY ACT
-ACTIONS MUST BE IN GOOD FAITH |
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FORMAL AGREEMENTS THAT CREATE LEGAL OBLIGATIONS AND ARE ENFORCABLE BY LAW
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CONTRACTS
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A COMPLAINT THAT ARISES FROM ANY CIRCUMSTANCE OR CONDITION OF EMPLOYMENT
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GRIEVANCE
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A NURSE MAY DISGREE WITH THE TERMS OF A CONTRACT AFTER SIGNING IT THE PROCESS IS KNOWN AS
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GRIEVANCE PROCESS
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MEANS THAT ONCES A EMPOYEE HAS SIGNED A CONTRACT TO WORK THE EMPLOYER IS RESPONSIBLE FOR THE EMPLOYEES ACTIONS
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RESPONDENT SUPERIOR
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ABLE TO MAKE AUTONOMOUS DECISIONS ABOUT HEALTH CARE ISSUES IN THE EVENT THAT THE PATIENT BECOMES UNABLE TO DUE SO
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HEALTH CARE PROXY
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DOES THE PATIENT HAVE THE RIGHT TO CHANGE THEIR MIND AFTER CONSENT IS GIVEN
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YES
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WHEN AS ACCIDENT OR INJURY OCCUR WHAT IS THE NURSES FIRST PRIORITY
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ASSESS AND TREAT THE INJURED PERSON
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WHEN SHOULD ACCIDENT AND INCIDENT REPORTS BE FILLED OUT
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AS SOON AS POSSIBLE AFTER THE EVENT
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IF AN ACCIDENT INVOLVES A PATIENT WHO SHOULD YOU NOTIFY
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-PHYICAN
R-ESPONSIBLE FAMILT MEMBER -POWER OF ATTORNEY |
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THE PATIENT CHART IS CONSIDERED A
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LEGAL DOCUMENT
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IF SOMETHING DONE FOR A PATIENT IS NOT CHARTED THE COURT WILL ASSUME
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THAT IT DID NOT HAPPEN
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IF NOTE A CHANGE IN THE PATIENTS CONDITION CHARTING MUST BE DONE UNTIL
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THE CHANGE HAS RESOLVED
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NURSES SHOULD ONLY CHART WHAT TPYE OF DATA
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OBJECTIVE
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A PERSON THAT REPORTS UNETHICAL BEHAVIOR IN THE WORKPLACE TO SOMEONE IN AUTHORITY IS KNOWN AS
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WHISTLE-BLOWER
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THE PERSON THAT MAKES AND COMPLAINTS AND FILES A LAWSUIT
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PLAINTIFF
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PERSON WHO IS CHARGED WITH SOME VIOLATION OF THE LAW
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DEFENDANT
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THE LENGTH OF TIME LEADING UP TO AN ACTUAL TRAIL
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DISCOVERY PERIOD
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WHEN WITTNESS ARE CALLED TO TESTIFY
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TRAIL
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EXPERT WITNESS
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A WITNESS QUALIFIED AS AN EXPERT BY KNOWNLEDGE, SKILL, EXPERIENCE, TRAINING, OR EDUCATION
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