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40 Cards in this Set

  • Front
  • Back
prescribe how a person should act in society; they sanction acceptable behavior and prohibit unacceptable behavior.
Two basic categories of law
Criminal and civil
Statutory law
it is developed by federal, state, and local governments.
Common Law or Case Law
these laws are developed in response to specific legal questions brought before the court and usually follow precdent.
the complaining party in the civil litigation
statement by a plaintiff is written and filed in the appropriate court.
the person alleged liable
compensation sought by the plaintiff.
a detailed response to the charges outlined in the complaint that will either admit to or deny any or all of the allegations made in the complaint.
a pretrial process allowing both sides to interview witnesses and look at documents before the trial.
out of court statements made by a witness under oath
written questions that must be answered in writing.
a decision will be rendered based on the facts of the case.
request a review of the decision which asks a higher court to review the lower court's decision.
criminal trial
defendant against People or the society. at the trial, people's attorney and the defendant's attorney present the case.
legal responsibility
accountability-being responsible for one's own actions
is a concept that gives rise to a legal duty for a patient's care, a legal relationship is formed between a nurse and a patient.
is one who defends or pleads a cause or issue on behalf of another. a nurse advocate has a legal and ethical obligation to safeguard the patient's interests.
Standards of care
it define acts that are permitted to be performed or prohibited from being performed.
scope of nursing practice
what she or he can and cannot do while providing nursing interventions.
nurse practice acts
they have been adopted that define and limit the scope of nursing practice. they are dictated by state's board of nursing.
interstate compact
that allows multi-state practice of nursing. The nurse must be licensed in her or his home state, and privileges are then granted to practice in other states that have signed the interstate compact.
malpractice (professional negligence)
is one legal action that a nurse may be charged with for failing to meet the standards of care.
Four elements of the malpractice
Duty, breach of the duty, harm, proximate cause
ethical principle that refers to personal freedom of choice, a right to be independent and make decisions freely.
doing what is good. the nurse has an ethical duty to promote the well-being of all patients.
which means to PROTECT life, and do no harm. The nurse has an ethical, and legal duty to prevent harm to a patient.
what is fair. it means that all patients have the same right to nursing interventions.
codes of ethics
developed by NFLPN, ANA
abandonment of care
wrongful termination of providing patient care
an intentional threat to cause bodily harm to another, does not have to include actual bodily contact.
intentional touching of another person without informed consent
a legal presumption that a person who has reached the age of majority can make decisions for herself or himself unless proved otherwise.
spoken or written statements made maliciously and intentionally that may injure the subject's reputation
injury to a person or the person's property that gives rise to a basis for a legal action against the person who caused the damage.
a malicious or untrue writing about another person that is brought to the attention of others.
the commission(doing) of an act or the omission(not doing) of an act that a reasonably prudent person would have done in a similar situation.
malicious or untrue spoken words about another person that are brought to the attention of others
a type of civil law that involves wrongs against a person or property.torts include negligence, assault, battery, defamatio...