privilege
permission to do what is usually not permitted
ethical codes
actions and beliefs approved of by a particular group of people
ethical principles
rules of right and wrong from an ethical point of view
ethics committee
a group made up of various departments that get together policies and address issues
laws
rules of conduct that are established by our government
judicial law
when a law or court decision is challenged into the courts and the judge affirms or reverses the decision
statues
laws
tort
violation of the civil law
nurse practice act
laws that define the scope of practice of nursing
nurse licensure compacts
trend of nursing where participating states allow nurses to practice in appointed states
reciprocity
recognition of one's license in another state
accountability
taking responsibility for one's action
delegation
the assignment of duties to another licensed person
assignment
duty given to an unlicensed person
standards of care
provide a way of judging the quality and effectiveness of patient care and determines whether a nurse acted correctly.
OSH (Occupation Safety and Health Act)
Law passed to improve the safety of the work environment
OSHA
keeps working conditions safe for all workers
discrimination
making a decision based on a class or group to which they belong
sexual harassment
unwelcomed sexual advances
sentinel event
an unexpected event that results in death
QSEN (Quality & Safety Education for Nurses) Project
advocates adding the letter I at the beginning of the SBAR and the R a the end
confidential
kept private
consent
gives permission
release
form used to excuse one party from liability or a form to authorize release of records
liability
responsibility
Advanced Directive (Living will)
states patient's wishes if they are unable to do so
health care agent
surrogate decision maker
DNR order
written by physician when a person wishes to die if the heart stops
patient advocate
one who speaks for and protects patient rights
negligence
failure to meet standards of care
prudent
sensible and careful
malpractice
negligence by a professional when they did not act by standards of care
assault
the threat to harm another person
battery
the actual physical contact against the person's will
defamation
when one person makes untrue remarks about another
slander
oral defamation
libel
written defamation
invasion of privacy
violation of confidentiality of professional relationship
nondisclosure agreement
confidentiality agreement
protective devices
anything that prevents patient movement. Can be locks, rails, belts, garments, sedatives, etc; Must be ordered by physician
false imprisonment
preventing a person form leaving or restricting movement within a facility
incident report
used to document an occurrence
ethics
rules of conduct by a particular group
euthanasia
the act of ending someone's life to end their suffering (mercy killing)
whistle blowing
reporting illegal or unethical actions
appeal
challenge of a court decision
civil rights (civil law)
personal or individual conditions guaranteed by the constitution
controlled substance
specific drugs with a potential for abuse
crime
violation of public law
felony
a serious crime that may result in prison term of one year or more
Litigation
lawsuit or legal process to prove facts
Medical power of attorney
Legal assignment of ability to make health care decision for another person (similar to health care agent)
misdemeanor
less serious crime that may result in fines and/or prison term of less than one year
plaintiff
person who believes that he has been injured
power of attorney
legal action to allow a person to conduct business matters for another
precedent
A judicial decision that is used as a guide in interpreting the law and decides cases afterwards
privileged relationship
one that requires confidentiality
Judicial Law
when a law or court decision is challenged in court and the judge affirms or reverses the decision
Administrative law
Laws created by legislature (ex: DHH)
civil law
wrongdoing of a person against another person
criminal law
wrongdoing against society
To accuse malpractice, one must prove...
duty
breach of duty
causation
injury/damages
Type of laws
judicial law
administrative law
civil law
criminal law
emancipated minor
person under the age of 18 who is considered a legal adult due to marriage, parenthood, or enlisting in armed services.
handoff communication
the passing of information from one caregiver to another in shift change, patient transfer, or physician contact.
Leaving AMA
leaving the hospital against physician's advice
Competent vs incompetent patient
a competent patient is considered 18 years of age and mentally/emotionally stable (legally fit)
Good Samaritan Act
Law that protects healthcare professionals from liability if they stop to provider care during an emergency. Void if there is evidence of gross negligence or misconduct.
HIPPA
Law made in 1996 to protect patient privacy
Six patient rights covered by HIPPA
consent
notice
access
amendment
accounting for disclosure
restriction of disclosure
Two forms of defamation
slander
libel
Student nurses
held to the same standards as licensed nurses
responsible for their own actions/inactions
must not exceed scope of practice
professional discipline
occurs when a licensed nurse is charged with violation and there is an investigation to determine truth.
Guidelines to reduce legal risk
maintain competence
document fully
establish rapport
communicate effectively
take care of yourself
defendant
person accused of violation of public or civil law
assisted suicide
aiding a person to end his life