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30 Cards in this Set

  • Front
  • Back
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)
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)
Subject to acation in civil court.

May be intentional or unintentional
Punishable by states
Intentional Torts
Assault, Battery, Defamation of character, Fraud, Invasion of privacy, False imprisonment
The threat of touching another person without consent
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)
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
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)
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)
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
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


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
Breach of duty
Cause in fact
Proximate cause
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