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Unit 1 Ch 23
Unit 1 - Ch 23 Legal Implications in Nursing Practice
29
Nursing
Undergraduate 1
09/11/2013

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Term
Statutory law
Definition

Created by an elected body, gives rights or boundaries

 

HIPPA, licensure laws (by state)

Term
Regulatory Law
Definition

Administrative laws, decisions made by administrative bodies

 

nursing practice laws

Term
Common Law
Definition
Results from judicial decisions made in courts when individual legal cases are decided
Term
Civil Law
Definition
Protect the rights of individuals within our society and provide for fair and equitable treatment when civil wrongs or violations occur
Term
Criminal Law
Definition
Protect society as a whole and provide punishment for crimes, which are defined by municipal, state, and federal legislation
Term
Felony
Definition
A crime of serious nature that has a penalty of imprisonment for longer than 1 year or even death
Term
Misdemeanor
Definition
A less serious crime that has a penalty of a fine or imprisonment for less than 1 year
Term
Standards of care
Definition
legal requirements for nursing practice that describe minimum acceptable nursing care
Term
Federal Statutory Issues
Definition

Americans with Disibilities Act (ADA)

Mental Health Parity Act (MHPA)

Emergency Medical Treatment and Active Labor Act (EMTALA)

Term
State Statutory Issues
Definition

- Good Sumaritan Laws

- Public Health Laws

- The Uniform Determination of Death Act

Term
Good Samaritan Laws
Definition
Protect nurse when doing what is reasonable to save a person's life, liable for injury caused by actions for which you are not trained, once committed to providing care one becomes liable for abandonment if you stop before handing over care to another person who can continue
Term
Tort
Definition
A civil wrong made against a person or property
Term
Intentional Tort
Definition
Willful acts that violate another's rights such as assault, battery, and false imprisonment
Term
Assault
Definition
Any action that places a person in apprehension of a harmful or offensive contact without consent
Term
Battery
Definition
Any intentional touching without consent
Term
Quasi-Intentional Tort
Definition
Didn't mean to
Term
Unintentional Tort
Definition
Negligence, malpractice
Term
Informed Consent
Definition
A person's agreement to allow something to happen such as surgery or an invasive diagnostic procedure, based on full disclosure of risks, benefits, alternatives, and consequences of refusal
Term
Nurse Practice Acts (NPA)
Definition
Describe and define the legal boundaries of nursing practice within each state
Term
Living Will
Definition
Respresent written documents that direct treatment in accordance with a patient's wishes in the event of a terminal illness or condition
Term
Durable Power of Attorney for health care (DPAHC)
Definition
A legal document that designates a person or persons of one's choosing to make health care decisions when the patient is no longer able to make decisions on his or her own behalf
Term
Privacy
Definition
The right of patients to keep personal information from being disclosed
Term
Defamation of Character
Definition
The publication of false statements that result in damage to a person's reputation
Term
Slander
Definition
Occurs when one speaks falsely about another
Term
Libel
Definition
Written defamation of character
Term
Negligence
Definition
Conduct that falls below a standard of care
Term
Malpractice
Definition
Type of negligence and often referred to as professional negligence
Term
Risk Management
Definition
An organization's system of ensuring appropriate nursing care by identifying potential hazards and eliminating them before harm occurs
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