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19 Cards in this Set
- Front
- Back
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nursing practice is subject to several sources or types of law
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specifically statutory law, adminstrative law, and common law
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statutory law
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ex. Americans with Disabilites Law (ADA, 1995) ex. of statutes inacted by state legislatures are the nurse practice acts, in all fifty states and D.C. Regulatory agences (state board of nursing are created by statutes and function under adminstrative law)
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common law
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court decisions written by judges deciding a particular issue in litigated cases establish it
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statues are:
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either civil or criminal
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criminal law
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felony or misdemeanor
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felony
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serious offense that has a penality of inprisonment for greater then 1 year or possibily even death.
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misdemeanor
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a less serious crime that has a penality of a fine or inprisionment for less than 1 year
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civil laws
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protect individial rights
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tort
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a civil wrong or injury for which the court provides a remedy in the form of money damages (intentional-A and B or unintentional-negligence)
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negligence
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conduct that falls below the standard of care. ex. mal-practice
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mal-practice
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professional misconduct or unreasonable lack of skill
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body of law
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referred to as case law or common law, which consists to prior court rulings that effect nurse practices
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assault
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any intentional threat to be about harmful or offensive contact with another individal (no actual contact is necessary)
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battery
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any intentional touching without consent (causes an injury or is offensive to patients' personal dignity)
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malpractice insurance
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provides you with an attorney, including the payment of attorney fees, and the payment of any judgment or settlement if a person sues you for malpractice
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informed consent
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a patients agreement to allow something to happen, such as surgrey, based on a full disclosure of risk, benefits, alternatives, and consequences of refusal.
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informed consent documentation includes the following:
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a patients' signature, witnesses signature, date and time of signing, verification of voluntarily signature of patient (discussed risk, benies, alter., and right to refuse procedure) verification patient understands procedure and has had all questions answered satisfactorily
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power of attorney
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a document designating an individual who is able to give consent for medical treatment (ex. unconsconsious patient)
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living will
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a document instructing the physician or health care provider to withhold or withdraw life sustaining procedures in patients whose death is imminent
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