Shared Flashcard Set

Details

Nursing 160
Ch 4 Legal Aspects
63
Nursing
Undergraduate 1
05/18/2010

Additional Nursing Flashcards

 


 

Cards

Term
Answer 
Definition
 (legal) a written response made by the defendant
Term
Assault 
Definition
an attempt or threat to touch another person unjustifiably
Term
Battery 
Definition

the willful or negligent touching of a person (or the person's clothes or even something the person is carrying), which may or may not cause harm


Term
Breach of duty 
Definition
a standard of care that is expected in the specific situation but that the nurse did not observe; this is the failure to act as a reasonable, prudent nurse under the circumstances
Term
Burden of proof 
Definition
 the duty of proving an assertion
Term
Causation 
Definition
a fact that must be proven that the harm occurred as a direct result of the nurse's failure to follow the standard of care and the nurse could have (or should have) known that failure to follow the standard of care could result in such harm
Term
Civil action  
Definition
 deals with the relationship between individuals in society
Term
Civil law 
Definition

the body of law that deals with relationships among private individuals; also known as private law


Term
Common law 
Definition
 the body of principles that evolves from court decision
Term
Complaint  
Definition
(legal) a document filed by the plaintiff
Term
Contract 
Definition
a written or verbal agreement between two or more people to do or not do some lawful act
Term
Contract law  
Definition
the enforcement of agreements among private individuals or the payment of compensation for failure to fulfill the agreement
Term
Contractual obligations  
Definition
duty of care established by the presence of an expressed or implied contract
Term
Contractual relationships  
Definition
vary among practice settings; may be as an independent or employer-employee relationship
Term
Credentialing
Definition
the process of determining and maintaining competence in practice; includes licensure, registration, certification, and accreditation
Term
Crime  
Definition
an act committed in violation of public (criminal) law and punishable by a fine and/or imprisonment
Term
Criminal action 
Definition
  deals with disputes between an individual and the society as a whole
Term
Criminal law  
Definition
deals with actions against the safety and welfare of the public
Term
Damages 
Definition
  if malpractice caused the injury, the nurse is held liable for damages that may be compensated
Term
Decision
Definition
 (legal) outcome made by a judge
Term
Defamation
Definition
 (legal) a communication that is false, or made with careless disregard for the truth, and results in injury to the reputation of another
Term
Defendant 
Definition
   (legal) person against whom the plaintiff files a complaint against
Term
Delegation
Definition
 transferring to a competent individual the authority to perform a selected nursing task in a selected situation; the transfer of responsibility for the performance of an activity from one person to another while retaining accountability for the outcome
Term
Discovery 
Definition
(legal) pretrial activities to gain all the facts of the situation
Term
Duty  
Definition
the nurse must have (or should have had) a relationship with the client that involves providing care and following an acceptable standard of care
Term
Expert witness  
Definition
one who has special training, experience, or skill in a relevant area and is allowed by the court to offer an opinion on some issue within that area of expertise
Term
Express consent 
Definition
 an oral or written agreement
Term
False imprisonment
Definition
 the unlawful restraint or detention of another person against his or her wishes
Term
Felony
Definition
a crime of a serious nature, such as murder, punishable by a term in prison
Term
Foreseeability  
Definition
a link that must exist between the nurse's act and the injury suffered
Term
Gross negligence 
Definition
involves extreme lack of knowledge, skill, or decision making that the person clearly should have known would put others at risk for harm
Term
Harm
Definition
the client or plaintiff must demonstrate some type of harm or injury (physical, financial or emotional) as a result of the breach of duty owed the client. The plaintiff will be asked to document physical injury, medical costs, loss of wages, "pain and suffering," and any other damages
Term
Impaired nurse 
Definition
 a nurse whose practice has deteriorated because of chemical abuse
Term
Implied consent 
Definition
consent that is assumed in an emergency when consent cannot be obtained from the client or a relative
Term
Implied contract 
Definition
 a contract that has not been explicitly agreed to by the parties but that the law nevertheless considers to exist
Term
Informed consent 
Definition
a client's agreement to accept a course of treatment or a procedure after receiving complete information, including the risks of treatment and facts relating to it, from the physician
Term
Interstate compact 
Definition
an agreement between two or more states
Term
Invasion of privacy
Definition
 a direct wrong of a personal nature, it injures the feelings of the person and does not take into account the effect of reveled information on the standing of the person in the community
Term
Law  
Definition
A rule made by humans that regulate social conduct in a formally prescribed and binding manner
Term
Liability 
Definition
the quality or state of being legally responsible for one's obligations and actions and to make financial restitution for wrongful acts
Term
Libel 
Definition
defamation by means of print, writing, or pictures
Term
License 
Definition
 a legal permits granted to individuals to engage in the practice of a profession and to use a particular title
Term
Litigation  
Definition
 the action of a lawsuit
Term
Malpractice
Definition
 the negligent acts of persons engaged in professions or occupations in which highly technical or professional skills are employed
Term
Mandated reporters 
Definition
a role of the nurse in which he or she identifies and assesses cases of violence against others, and in every case the situation must be reported to the proper authorities
Term
Misdemeanor 
Definition
a legal offense usually punishable by a fine or a short-term jail sentence, or both
Term
Mutual recognition model
Definition
 a new regulatory model developed by the National Council of State Boards of Nursing (NCSBN), which allows for multistate licensure
Term
Negligence
Definition
failure to behave in a reasonable and prudent manner; an unintentional tort
Term
Plaintiff
Definition
a person claiming infringement of legal rights by one or more persons
Term
Private law
Definition
 (civil law) the body of law that deals with relationships between private individuals
Term
Public law 
Definition
refers to the body of law that deals with relationships between individuals and the government and governmental agencies
Term
Res ipsa loquitur 
Definition
the thing that speaks for itself; a legal doctrine that relates to negligence in which the harm cannot be traced to a specific health care provider or standard but does not normally occur unless there has been a negligent act
Term
Respondeat superior
Definition
a legal term meaning "let the master answer"; the employer assumes responsibility for the conduct of the employee and can also be held responsible for malpractice by the employee
Term
Right
Definition
a privilege or fundamental power to which an individual is entitled unless it is revoked by law or given up voluntarily
Term
Slander 
Definition
 defamation by the spoken word, stating unprivileged (not legally protected) or false words by which a reputation is damaged
Term
Standards of care 
Definition
detailed guidelines describing the minimal nursing care that can reasonably be expected to ensure high quality care in a defined situation (eg, a medical diagnosis or a diagnostic test)
Term
Statutory law 
Definition
 a law enacted by any legislative body
Term
Strike 
Definition
 an organized work stoppage by a group of employees to express a grievance, enforce a demand for changes in condition of employment, or solve a dispute with management
Term
Tort  
Definition
 a civil wrong committed against a person or a person's property
Term
Tort law 
Definition
 law that defines and enforces duties and rights among private individuals that are not based on contractual agreements
Term
Trial 
Definition
 the period during which all the relevant facts are presented to a jury or judge
Term
Unprofessional conduct
Definition
 one of the grounds for action against the nurse's license; includes incompetence or gross negligence, conviction of practicing without a license, falsification of client records, and illegally obtaining, using or possessing controlled substances
Term
Verdict  
Definition
the outcome made by a jury
Supporting users have an ad free experience!