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51 Cards in this Set
- Front
- Back
- 3rd side (hint)
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statutory laws |
enacted by legislative body |
hierarchy of laws. Federal, State, local |
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common law |
evolved from court decisions; adapted and expanded |
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public law |
body of law; individuals, and government |
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criminal law |
actions against safety and welfare of the public |
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Private law or civil law |
private individuals; includes contract or tort laws |
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contract law |
enforce agreements among private individuals or the payment of compensation |
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tort law |
defines and enforces duties and rights not based on contract |
ex. nurse negligence, invasion of privacy |
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civil actions |
relationships between individuals in society |
a man cheated another man |
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criminal actions |
deal with disputes between an individual and society as a whole |
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litigation |
lawsuit |
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plaintiff |
person who claims her rights were infringed by defendant |
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defendant |
person who has a legal claim against them by plaintiff |
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discovery |
obtain all facts |
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burden of proof |
plaintiff must offer evidence for defendants wrongdoing |
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credentialing |
maintaining competence in nursing |
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license |
legal permit to engage in nursing practice |
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mutual recognition model |
multistate licensure |
developed by National Council of State Boards of Nursing (MCSBN) |
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interstate compact |
mutual recognition between states |
Nurse Licensure Compact (NLC) |
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Standards of Care |
protect the public by ensuring basic proffesional standards are met |
internal (job, education) and external standards (Organizations) |
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implied contract |
not explicitly agreed to |
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liability |
legally responsible for one's obligations, actions and financial restitution |
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Contractual Obligations |
nurses' duty of care |
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Contractual relationships |
NP with client or hospital with nurse |
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respondeat superior |
master assumes responsibility for conduct of servant |
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right |
privilege or fundamental power to which one is entitled |
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responsibility |
obligation associated with a right |
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informed consent |
agreement by a client to accept a course of treatment or procedure |
mutual decision making |
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express consent |
oral or written agreement |
for more serious procedures |
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implied consent |
nonverbal cues indicates agreement |
minors, disabled adults, unconscious ppl, and mentally ill may not provide consent |
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delegation |
process for a nurse to direct another person to perform nursing duties |
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mandated reporters |
required, by law, to report suspected abuse, neglect, or exploitation |
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impaired nurse |
nurse impaired by chemical dependency, drugs, alcohol, or mental illness |
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advanced health care directives |
legal and lay documents that allow ppl to specify care |
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living will |
instructions about what medical treatment one wishes to include or omit |
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health care proxy |
durable power of attourney for health care. for others to make decisions when incopacitated |
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(DNR) do not resuscitate |
no resuscitatin in the event of respiratory or cardiac arrest |
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Euthanasia |
painlessly putting to death people suffering from incurable or distressing disease |
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inquest |
legal inquiry into the cause or manner of a death |
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tort |
civil wrong committed against a person or their property
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malpractice |
"professional negligence" |
unintentional tort |
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Breach of Duty |
nurse failed to observe duty |
unintentional tort |
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forseeability |
link must exist between the act and the injury suffered |
unintentional tort |
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Causation |
proved that harm occured as a direct result of nurse's failure |
unintentional tort |
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damages |
in the case of professional negligence, nurse is liable for damages |
unintentional tort |
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res ipsa loquitur |
"the thing speaks for itself" |
ex. bandages left inside someone during surgery. Can't be traced back to an individual |
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intentional tort |
assault, battery, invasion of privacy |
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defamation |
communication that is false made with careless disregard for the truth |
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libel |
defamation by means of writing or pictures |
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Slander |
defamation by spoken word |
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battery |
no consent to touch |
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assault |
all out attack |
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