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18 Cards in this Set
- Front
- Back
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Law
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a system of binding rules of action or conduct that governs the behavior of people in respect to relationships with others and with the government
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Foundation of Law
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-laws are created by individuals
-difference in beliefs among people -ethics and law are not always congruent |
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Four basic functions of the law
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1)defines relationships among members of society, and declares which actions are and are not permitted
2)describes what constraints may be applied to maintain rules, and by whom they may be applied 3)furnishes solutions to problems 4)redefines relationships between people and groups when circumstances of life change |
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Sources of law
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-constitutional law
-statutory/legislative law -administrative -common law |
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Constitutional law
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a formal set f rules and principles that describe the power of a government and the rights of the people
*constitutional supercedes all other law |
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Statutory law/legislative law
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created through the lawmaking process in state or federal legislatures
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administrative law
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consists of legal powers granted to adminstrative agencies by legislatures, and the rules that the agencies make to carry out their powers
(state boards of nursing) |
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Common law
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Decisions based largely on previous court decisions in similar cases
(known as case law) |
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Types of law
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1)public law
2) private law (contract law and tort law) |
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Public Law
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-defines a person's rights and obligations in relation to government, and descibes the divisions of government and their powers
-one branch is criminal law- deals with crime(actions considered harmful to society) |
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Private Law
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-also called civil law, determines a person's legal rights and obligations in many activities that involve other people
-the branches pf private law that most apply to health care are tort and contract law |
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Tort
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-a wrong or injury that a person suffers because of someone else's action, either intentional or unintentional
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Intentional torts
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-act is intended to interfere with the plaintiff or his property
-the defendant must intend to bring about the consequences of the act -the act must substantially cause the consequences -no legal requirement that the act causes damages or injury-proof of intention is sufficient |
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Types of intentional torts
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-fraud
-right to privacy -invasion of privacy -assault -battery -false imprisonment -defamation -slander -libel |
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Malpractice
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-type of negligence committed by a person in professional capacity
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Components of malpractice
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-duty owed to the patient
-breach of standards of care or failure to carry out duty -actual harm or injury suffered by the patient -the breach of standards of care or duty caused the injury |
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Limiting the nurse's risk of malpractice
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- maintain open communication with patients
-maintain expertise in practice, attention to details, and autonomy |
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Liability Insurance
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malpractice policies:
-individual coverage -group coverage -employer-sponsored coverage |
