Term
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Definition
public- gvmt vs people
civil- people vs people |
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Term
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Definition
US constitution
statutory law
criminal law
administrative law
jurisprudence/common law |
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Term
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Definition
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Term
| Statutory law concerns laws enacted by _____. (example) |
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Definition
| legislature (Nurse Practice Act) |
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Term
| What are two types of criminal law? Example? |
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Definition
felony, misdemeanor
-nurse taking narcotics |
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Term
| Administrative law is developed by governmental agencies who ar appointed to enforce the ____ laws passed by _____ _____. (example) |
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Definition
statutory, state legislatures
-State Boards of Nursing |
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Term
| What is jurisprudence law? |
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Definition
| interpretation of state law as it applies to a particular situation |
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Term
| Tort law defines and enforces duties and rights among private individuals that are not based on a _____. |
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Definition
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Term
| Good intentions are____ to malpractice. |
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Definition
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Term
| 6 elements to prove malpractice |
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Definition
duty
breech of duty
forseeability
causation
harm/injury
damages |
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Term
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Definition
| the harm occurred as a direct result of the nurse's failure to follow the standard of care |
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Term
| What is the difference between assault and battery? |
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Definition
assualt- a threat to touch another person; unjustifiable
battery- physical action/willful touching of another person |
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Term
| What are 4 types of false imprisonment? |
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Definition
| pysical restraints, seclusion, verbal threats of physical harm, chemical restraints |
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Term
| What are the 4 elements of the Law of Privilage Doctrine? |
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Definition
personal information
going thru personal belongings
performing procedures
photographing client |
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Term
| What is the difference between libel and slander? |
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Definition
libel- false written information
slander- false spoken word |
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Term
| Four types of fraud include.... |
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Definition
illegal billing
deceit in obtaining a nurse's license
using false credentials
falsifying medical records |
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Term
| Under the Nurse Practice Act, nurses are required to follow the orders of a licensed physician unless.... |
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Definition
| these orders would result in client harm. |
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Term
| What are 3 examples of orders nurses must question to protect themselves legally? |
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Definition
-orders pt questions
-illeligible, unclear, incomplete orders
-pt. state has changed |
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Term
| What are the 4 most common areas regarding client safety at which nurses are at legal risk? |
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Definition
-failure to monitor client status
-med errors
-falls
-use of restraints |
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Term
| '___ ____' takes blane off people to encourage them to fill out incident reports. |
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Definition
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Term
| Are incident reports part of the pt's med record? How are they documented? |
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Definition
| no, the facts are noted in the pt. record |
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Term
| The prime responsibility concerning teaching of and informed consent falls on the _____. |
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Definition
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Term
| 3 exceptions to legal parent/guardian consent |
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Definition
-emergency
-where conesent of minor is sufficient (substance abuse, mental health,STD's, pregnancy)
-court order has been obtained |
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Term
| What constitutes an emancipated minor? |
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Definition
| married, pregnant, a parent, financially independent |
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Term
| What is the Nurse Practice Act? What does it define? |
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Definition
the law governing the practice of nursing within the state
-what nursing is, is not and under what circumstances nursing can be practiced for compensation |
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Term
| Licensure grants permission to the nurse to... |
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Definition
-perform certain acts
-use a specific title
-receive compensation for service |
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Term
| In multistate licensure, also known as ____ _____, as long as you have a licence in one state you can practice in any other participation state on the list. |
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Definition
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Term
| What are Good Samaritan Acts? |
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Definition
examples of common and statutary laws as determined by individual states
ex: if you stop and help someone in good faith you cannot be sued |
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