Term
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Definition
| Laws created by administrative bodies such as State Board of Nursing. Ex: duty to report incompetent nursing care. |
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Term
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Definition
| results from judicial decisions made in courts when individual legal cases are decided. Ex: informed consent and client’s right to refuse treatment - usually involve negligence and malpractice. |
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| Statutory Law [legislation] |
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Definition
| Laws created by elected legislative bodies. [civil or criminal] |
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Term
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Definition
| describes and defines the legal boundaries of nursing practice within each state. |
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Term
| criminal laws (public laws) |
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Definition
| prevent harm to society and provide punishment for crimes; address issues that affect society and its order [includes felony & misdemeanor] |
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Definition
| crime of more serious nature (imprisonment of > 1 year or even death) |
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Definition
| crime of less serious nature (penalty or fine – imprisonment < 1 yr) |
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| Civil laws (private laws) |
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Definition
| protect rights of individuals; society as a whole is not harmed. Harm to: individuals, property – penalty: monetary payment. |
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| Civil or private wrong committed against person or property |
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Definition
| negligence, malpractice: must prove harm was done. |
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Term
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Definition
| conduct that falls below the standard of care. |
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Term
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Definition
| negligence done by nurse/physician that results in harm to the patient. |
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Term
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Definition
| Assault, Battery, Invasion of Privacy, Libel, Slander, Fraud, False Imprisonment:willful acts that violate another’s rights |
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Term
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Definition
| any willful attempt or threat to harm another |
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Term
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Definition
| any intentional touching of another’s body w/out consent |
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Term
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Definition
| patients are entitled to confidential health care |
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Term
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Definition
| defamation of character in written words |
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Term
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Definition
| defamation of character in spoken words |
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Term
| Used to establish malpractice: |
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Definition
| 1. The nurse (defendant) owed a duty to the patient (plaintiff), 2. The nurse did not carry out that duty, 3. The patient was injured, 4. The nurse’s failure to carry out that duty caused the injury |
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Term
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Definition
| protect health care professional from being liable when helping in an emergency situation. Keep giving help until someone of higher experience comes. You are not covered if accept gross payment |
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Term
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Definition
| legal guidelines for nursing practice and provide minimum nursing care. Reflect values and priorities of profession. ANA- develop standards for nursing practice and policy statements. Standards outline scope, function, and role of nurse’s in practice. NPA-set out every states standards of care. |
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Term
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Definition
| nurse is witness to pt signing form. MD- explains procedure & makes sure pt understands, not nurse. In emergency- assume consent is given |
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Term
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Definition
| process of abtaining permission from a client to perform a specific test/procedure after describing all risks, side effects, benefits, alternatives, and risks of refusal. Provides a legal duty for HCP to disclose material facts in terms the client is able to understand to make an informed consent. |
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Term
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Definition
| legally accept assignment b/c if not you are not being a good nurse (Insubordinate). Call manager/supervisor abt getting more help. When facility is continuing to be understaffed & not doing anything- can be penalized. |
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Term
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Definition
| Failure to assess and/or monitor, including making a nursing diagnosis: failure to monitor in timely manner, use proper equipment to monitor the client, document the monitoring, Failure to notify health care provider of problems,Failure to follow orders, Failure to follow 6 rights of medication administration, Failure to convey discharge instructions, Failure to ensure client safety, esp those with hx of falling, heavily sedated, disequilibrium problems, frail, mentally impaired, get up at night, uncooperative, Failure to follow policies and procedures, Failure to properly delegate and supervise, Failure to follow proper aseptic technique, Failure to give adequate report to the next shift/department |
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Term
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Definition
| written when something did cause or could have caused injury. Never document in pt’s medical chart record that an occurrence report was completed. Keep copy for yourself. |
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Term
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Definition
| someone who is pregnant can give consent b/c they are considered an adult (not a parent) |
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Term
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Definition
| nurses are obligated to carry out. |
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Term
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Definition
| per JCAHO – must be recorded then tell them back. |
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Term
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Definition
| must be written and specific |
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Term
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Definition
| documents instructing physicians to withhold or withdraw life-sustaining procedures. |
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Term
| if a nursing student’s actions cause harm to a patient, who’s liable? |
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Definition
| Student, instructor, hospital, educational institution |
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