Nursing Foundations: Exam 2

Front 1

judicial law

Back 1

a law or court decision is challenged in the courts and the judge affirms or reverses the decision.

"establishing a precedence"

Front 2

administrative law

Back 2

come from agencies created by the legislature.

(ex. Department of Health and Human Services)

Front 3

advance directive

Back 3

written statement expressing the patient's wishes regarding future consent for or refusal of treatment if the patient is incapable of participating in decision making.

Front 4

civil rights, civil law

Back 4

personal or individual conditions (e.g., life, liberty, privacy) guaranteed by the Constitution, Bill of Rights, and federal or regulatory law

Front 5

litigation

Back 5

lawsuit; legal process to prove facts of a dispute

Front 6

malpractice

Back 6

when a professional causes harm by failing to meet the standard of care; failure to do what a reasonable and prudent person in a similar situation would do

Front 7

negligence

Back 7

departure from the standard of care which, under similar circumstances, would have ordinarily been exercised by a similarly trained and experienced person

Front 8

tort

Back 8

violation of a civil law, a wrong against an individual

Front 9

nurse practice act

Back 9

state licensure is required to practice nursing in the United States, each state writes its own laws and regulations regarding licensure

Front 10

reciprocity

Back 10

recognition of one state's nursing license by another state

Front 11

nurse licensure compacts

Back 11

certain participating states allow nurses to be licensed in one state and practice in any state belonging to the compact

Front 12

Occupational Safety and Health (OSH) Act

Back 12

passed in 1970 to improve the work environment in areas that affect workers' health or safety. Included are regulations for handling infections or toxic materials, radiation safeguards, and the use of electrical equipment

Front 13

Child Abuse Prevention and Treatment (CAPTA)

Back 13

states licensed health care personnel are required to report child abuse

Front 14

sentinel event

Back 14

is an unexpected patient care event that results in death or serious injury (or risk of) to the patient

Front 15

SBAR

Back 15

form of communication that reduces the likelihood of critical patient details being lost; Situation, Background, Assessment, Recommendation

Front 16

consent

Back 16

written consents must contain a clause that says the patient agrees to allow the provider to use and disclose his information for treatment, payment, and health care operations.

Front 17

HIPAA

Back 17

Health Insurance Portability and Accountability Act

Front 18

informed consent

Back 18

indicates the patient's participation in the decision-making process

Front 19

implied consent

Back 19

is assumed when, during a life threatening emergency, consent cannot be obtained from the patient or family

Front 20

negligence

Back 20

is failing to meet the standard of care; failing to do something a reasonable and prudent person would do, or doing something a reasonable and prudent person would not do.

Front 21

malpractice

Back 21

is negligence by a professional person;

must prove all four: duty, a breach of duty, causation, and injury

Front 22

duty

Back 22

the obligation to use due care

Front 23

breach of duty

Back 23

failure to use due care

Front 24

causation

Back 24

nurse's action or inaction causes injury or harm to the patient. There must be a direct link between the breach of duty and the injury.

Front 25

injury or damages

Back 25

The actual harm or disorder that results from the negligence. Injury or damages may be physical, emotional, or financial.

Front 26

assault

Back 26

the threat to harm another, or even threat to touch another without that person's permission

Front 27

battery

Back 27

the actual physical contact that has been refused or that is carried out against the person's will.

Front 28

defemation

Back 28

is when one person makes remarks about another person that are untrue, and the remarks damage that other person's reputation

Front 29

slander

Back 29

oral defemation

Front 30

libel

Back 30

written defemation

Front 31

invasion of privacy

Back 31

when there has been a violation of the confidential and privileged nature of a professional relationship.

Front 32

Reducing legal risk

Back 32

1. maintain competence

2. document fully

3. establish rapport

4. communicate effectively

5. take care of yourself

Front 33

euthanasia

Back 33

the act of ending another person's life, with or without the person's consent, to end actual or potential suffering. ILLEGAL in ALL STATES!

Front 34

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Back 34

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