Nursing Legal Terms

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 the 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. Evaluates the quality of care nurses provide and protects the consumer

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 followed

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 asked to carryout an activity that the nurse believes will be injurious, the nurse is to refuse to carryout 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

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 individuals nonverbal behavior indicates agreement -- i.e., client positioning their body for an injection

Front 11

Medical Emergency Consent

Back 11

Implied consent used in a medical emergency when an individual cannot provide express consent because of physical condition

Front 12

Obtaining informed consent

Back 12

The responsibility of the person who is going to perform the procedure

Front 13

"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 with Informed Consent

Back 15

Nurse advocates for the client, verifying that the client received enough information to give consent. If the client has questions or the nurse has doubts about the client's understanding, the nurse must notify the doctor. The 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 that is 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 fro an ordinary, reasonable, and prudent person. Such conduct places another person at risk for harm

Front 21

Gross Negligence

Back 21

Involves extreme lack of knowledge, skill, or decision making that the person clearly should have known would put others at risk for harm

Front 22

Malpractice

Back 22

"Professional negligence." Negligence that occurred while the person was performing as a professional

Front 23

Elements that must be present for a case of nursing malpractice

Back 23

1. Duty
2. Breach of duty
3. Foreseeability
4. Causation
5. Harm or injury
6. Damages

Front 24

Duty

Back 24

Nurse relationship with the client that involves providing care and following an acceptable standard or care

Front 25

Breach of Duty

Back 25

The nurse not observing the standard of care that is expected for a specific situation

Front 26

Foreseeability

Back 26

A link existing between a nurse's act and injury suffered by a client

Front 27

Causation

Back 27

Proof that harm occurred as a direct result of a nurse's failure to follow the standard of care and that the nurse could have known that failure to follow the standard of care could result in such harm

Front 28

Assessment Errors Resulting in Malpractice

Back 28

Failing to:
1. Assess whether a client is unsteady on his feet
2. Recognize the significance of certain information (e.g., lab values or vital signs)
3. Monitor clients who are using equipment

Front 29

Planning Errors Resulting in Malpractice

Back 29

Failing to:
1. Be aware of the clients medications and knowing whether drowsiness or impaired judgment are potential adverse effects
2. Bring questionable orders or protocols to the attention of the physician and the supervisor
3. Give discharge instructions that the client understands

Front 30

Intervention Errors Resulting in Malpractice

Back 30

Failing to:
1. Document all nursing interventions
2. Understand the medication being administered
3. Always monitor the client as the condition warrants and as ordered
4. Document the frequency of client monitoring and status
5. Promptly bring distressing symptoms and changes in client status to the physician's attention
6. Document the time and content of all telephone conversations with the physician

Front 31

Assault

Back 31

An attempt or threat to touch another person unjustifiably. The act that causes the person to believe battery is about to occur

Front 32

Example of Assualt

Back 32

Threatening a client with an injection after the client refuses to take the medication orally

Front 33

Battery

Back 33

Willful touching of a person that may or may not cause harm. Can include touching the person's clothes or even something the person is carrying. Touching must be wrong in some way -- i.e., touching done without permission, that is embarrassing, or that causes injury

Front 34

Example of Battery

Back 34

A nurse giving an injection without the client's consent. Applies even if the physician ordered the medication and even if the the client benefits for the nurse's action

Front 35

False Imprisonment

Back 35

Unjustifiable detention of a person without legal warrant to confine the person

Front 36

Defamation

Back 36

Communication that is false, or made with a careless disregard for the truth, and results in injury to the reputation of a person. Only the person defamed may bring the lawsuit

Front 37

Libel

Back 37

Defamation by means of print, writing, or pictures -- i.e., writing in the nurse's notes that a physician is incompetent because he didn't respond immediately to a call

Front 38

Slandar

Back 38

Defamation by the spoken word, stating unprivileged (not legally protected) or false words by which a reputation is damaged -- i.e., a nurse telling a client that another nurse is incompetent

Front 39

Clarifying a Physician's Orders

Back 39

Nurses are to analyze procedures and medications ordered by the physician. It is the nurse's responsibility to seek clarification of ambiguous or seemingly erroneous orders from the prescribing physician. Clarification from any other source is unacceptable.