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10 Cards in this Set
- Front
- Back
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Criminal Laws
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Crimes against a person or society stealing, murder, assault - violations are crimes
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Felony
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More than 1 year in jail &/or fines, nurses that commit felonies are not allowed to practice
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Misdemeanor
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Less than a year in jail &/or a fine, each case reviewed individually
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Civil Law
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Violation of a person’s rights or their property – usually involves one individual against another – violations are torts
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Torts
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may be intentional or unintentional
Ex.:malpractice – lack of professional judgment and negligence – doing or not doing something that a reasonably prudent nurse, with your level of education, would or would not have done ****Represent the bulk of cases brought against nurses. |
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What must be proven in tort violations?
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The nurse had a duty to care for the pt
The nurse violated standards of care – nursing organizations, JCAHO, federal government all have standards of care ****To follow all required standards of care, strictly follow your institution’s policies and procedures |
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What must have happened to the pt in order to make a claim?
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The breach of duty caused the pt to be injured
If there is no injury, there is no case |
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What will happen if the case is proven?
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Judge will decide if the nurse violated the nurse practice act and standards of care
Nurse &/or the institution may be sued ****Nurses must have personal liability insurance |
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What are some examples of violations of the Nurse Practice Act?
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Incompetence, unethical conduct, substance abuse
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What is Quid Pro Quo?
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A type of sexual harrasment where benefits are given to an employee based on a sexual relationship.
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