Legal Terms For Nursing

Front 1

Burden of Proof

Back 1

Plaintiff's duty to prove an assertion or wrongdoing

Front 2

Credentialing

Back 2

Process of determining and maintaining competence in nursing practice. A way in which nursing profession maintains standards of practice and accountability for educational preparation of its members

Front 3

License

Back 3

Legal permit that a government agency grants a person to engage in the practice of a profession and to use a particular title

Front 4

Standards of Care

Back 4

Skills and learning commonly possessed by members of a profession. Used to protect the consumer. Evaluates the quality of care nurses provide

Front 5

Liability

Back 5

Quality or state of being legally responsible for one's obligations and actions and to make financial restitution for wrongful acts.

Front 6

Nursing Liability

Back 6

Nurse has an obligation to practice and direct the practice of others so that harm or injury to a client is prevented and standards of care are maintained.

Front 7

Liability with Doctor's Orders

Back 7

When caring out doctor's orders, the responsibility for the nursing activity belongs to the nurse. When a nurse is asked to carry out an activity that the nurse believes will be injurious, the nurse is to refuse to carry out the order and report this to the supervisor.

Front 8

Informed Consent

Back 8

An agreement by a client to accept a course of treatment or a procedure after being provided complete information -- including benefits and risks of treatment, alternatives to treatment, and prognosis if not treated

Front 9

Express Consent

Back 9

Consent in the form of either an oral or written agreement

Front 10

Implied Consent

Back 10

Exists when the individual's nonverbal behavior indicates agreement -- i.e., client positioning their body for an injection

Front 11

Medical Emergency Consent

Back 11

Implied consent used when an individual cannot provide express consent because of physical condition

Front 12

Obtaining informed consent

Back 12

Is the responsibility of the person who is going to perform the procedure.

Front 13

Guidelines for providing "reasonable amount" of information required to make an informed decision

Back 13

1. Purposes of the treatment
2. What the client can expect to feel or experience
3. Intended benefits of the treatment
4. Possible risks or negative outcomes of the treatment
5. Advantages and disadvantages of possible alternatives to the treatment (including no treatment)

Front 14

Elements of informed consent

Back 14

1. Consent must be given voluntarily
2. Consent must be given by a client or individual with the capacity and competence to understand
3. Client or individual must be given enough information to be the ultimate decision maker

Front 15

Nurse's Role in Informed Consent

Back 15

Nurse advocates for the client, verifying that the client received enough information to give consent. If client has questions or nurse has doubts about client's understanding, nurse must notify the doctor. Nurse is not responsible for explaining the procedure.

Front 16

Delegation

Back 16

Transferring to a competent individual the authority to perform a selected nursing task in a selected situation

Front 17

Neglect

Back 17

Absence of care necessary to maintain the health and safety of a vulnerable individual

Front 18

Mandated reporting

Back 18

When an identified instance of injury appears to be present and the result of abuse, neglect, or exploitation, the nurse must report the situation to the proper authorities

Front 19

Crime

Back 19

An act committed in violation of public law and punishable by a fine or imprisonment. The act does not have to be intended.

Front 20

Negligence

Back 20

Misconduct or practice that is below the standard expected for an ordinary, reasonable, and prudent person. Such conduct places another person at risk for harm