Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
30 Cards in this Set
- Front
- Back
Laws
|
Rules or standards of human conduct established by governments, through legislative bodies, and interpreted by courts to protect the rights of citizens
|
|
Three types of Laws Affecting nursing
|
Civil, Criminal, Administrative
|
|
Civil Law
|
Governs actions by one individual or corporation against another (malpractice)
|
|
Criminal Law
|
Involves action by the state against an individual for violation of criminal statues
|
|
Administrative Law
|
Involves actions by state administrative agencies agains individuals or organizations (Licensure)
|
|
Licensure
|
Mnadatory to practice nursing
Liability for licensure arises in: -care given below the standards of care -practice beyond the scope of license -drug abuse -client abuse |
|
Standards of Care
|
The expected level of performance or practice as established by guideline, authority or custom
-Institution policy or procedure -Professional organisation (ANA) -Government agencies (JCAHO) |
|
Tort
|
Subject to acation in civil court.
May be intentional or unintentional |
|
Crime
|
Punishable by states
|
|
Intentional Torts
|
Assault, Battery, Defamation of character, Fraud, Invasion of privacy, False imprisonment
|
|
Assault
|
The threat of touching another person without consent
|
|
Battery
|
Actually carring out a threat of touching another person without consent
|
|
Defamation of Character
|
False communication tht results in injury to a person's reputation by mans of print (libel) or spoken work (slander)
|
|
Fraud
|
Willful, purposeful misrepresentation of self or an act that may cause harm to a person or property
|
|
Invasion of privacy
|
Disclosing confidential information to an inappropriate 3rd party
|
|
Unintentional Torts
|
Negligence, Malpractice
|
|
Negligence
|
An act of omission or commission. (doing or not doing something that a reasonable prudent person would or would not do in the same situation)
|
|
Malpratice
|
Negligence by a professional
-must prove a deviation from a standard of care that caused damage to the client Four element necessary to prove malpractice: -a duty to the plaintiff -a failure to mee the standard of care (breach of duty) -causation -damages |
|
Informed Consent
|
Voluntary permission for specific procedures based on information and knowledge
The provider performing the procedure is charged with obtaining the informed consent |
|
Element that must be present for Informed Consent
|
-current medical status and general course of the illness
-proposed treatment and rationale -risks and benefits of proposed treatment -risks of not consenting to treatment -alternatives to the proposed treatment including non-treatment and the risk and benefits of such |
|
Legally Sensitive Areas of pratice
|
Controlled substances, Euthanasia, advanced directive, resuscitation, organ donaltion, autopsy, wills
|
|
Protection
|
Good Samaritan Laws
Professional Liability insurance |
|
Good Samaritan Law
|
Offers legal immunity for health care professionals who assis in an emergency and render reasonable care under such circumstance
-still liable for gross negligence |
|
Professional Liablity Insurance
|
Generally covered under employers insurance. Having own policy ensure coverage in circumstances when employer's coverage does not apply
|
|
Right to treatment
|
Federal lasys entitles any client hospitalized in a public hospital to treatment
|
|
Common Liability Issues
|
Failure to protect the safely of the client
Injury Medication errors defamation of character disclosure of the confidential infomation |
|
Punitive Damages
|
Monies awared to an injured party in an intentional tort action to punish the defendant
|
|
Five Elements needed to prove negligence
|
Duty
Breach of duty Cause in fact Proximate cause Damages |
|
Res IPSA Loquitur
|
"The thing speaks for itself" A doctrine of law that applies when the defendant has exclusive control of the thing or treatment that causes harm and where the harm could not occur without negligent conduct
|
|
Respondeat Superior
|
"Let the master answer", a doctrine of law tht holds the employer responsible for the legal consequences of the acts of the employee while the employee acts within the scope of employment
|