what is the primary purpose of law and legislation?
to protect the patient and t what is the primary purpose of law and legislation? he nurse. KBN protects patients
Criminal law
filed by the state/federal attorney general for crimes against individuals or society
civil law
individual sues another individual for money to compensate for perceived loss (ex. malpractice)
administrative law
sued by state/federal government agency assigned the responsibility of implementing governmental programs (ex. KBN)
preponderance of proof
judge/jury must believe tat it was more likely than not that the accused was responsible for the injuries. Needed for civil cases
ordinary negligence
the omission to do something that a reasonable person would do, guided by the considerations that ordinarily regulate human affairs, would do--or as doing something that a reasonable and prudent person would not do
Professional negligence
AKA malpractice. failure of person with professional training to act in a reasonable and prudent manner
standard of c minimal level of expertise that may be delivered to a patient or the conduct of a reasonably prudent nurse in similar circumstances are
minimal level of expertise that may be delivered to a patient or the conduct of a reasonably prudent nurse in similar circumstances
Why are nurses at increased liability?
a. their realm of responsibility has decreased
b. fewer nurses have liability insurance
c. nurses are making more money
d. nurses currently have less independence in decision making
c. nurses are making more money
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5 components necessart for professional negligence to occur
**
All 5 have to be present:
1. standard of care is in place
2. there is a failure to meet the standard of care
3. forseeability of harm must exist
4. there must be a provable correlation between care and harm
5. actual patient injury must occur *
T or F: following a physician's order is a valid excuse in a malpractice case
False
Stare decisis
to let the decision stand, ex. found guilty or not guilty
respondent superior
the master is responsible for the acts of his servants, ex. org has to pay on your behalf
joint liability
each member of a team gets sued
res ispa loqu
the thing speaks for itself, ex. harm is obviously the result of negligence
tort
legal wrongs against a person or property
intentional torts
direct invasion of someone's legal rights
ex. assault and battery, false imprisonment, invasion of privacy, and defamation of character
assault
threat/intent to harm someone
battery
intentional and wrongful physical contact with person that entails an injury or offensive touching
false imprisonment
restraint of person's liberty of movement by another party who lacks the legal authority or justification to do so
slander
spoken defamation
libel
written defamation
defamation
communicating to a third party false information that injures a person's reputation
Which are legal terms relevant to the nursing profession?
a. res ipsa loquifur
b. respondeat superior
c. product liability
d. stare decisis
e. all of the above
e. all of the above
product liability
nurses are responsible for product or equipment. When a product is involved, negligence does not have to be proved.
which is not an intentional tort?
a. false imprisonment
b defamation of character
c. invasion of privacy
d. negligence
d. negligence-didn't mean to do it
T or F: Lack of communication is one of the leading causes of complaints against nurses
T
Nurse practice act
legal instrument that defines what the functions of nursing shall be and set standards for licensure, differs state to state
informed consent
obtained only after the pt receives full disclosure of all pertinent info regarding the surgery/procedure and only if the pt understands the potential benefits and risks associated with doing so. Physicians obtain this
implied consent
emergent basis, they can't give consent but the treatment is immediately needed and is in the patient's best interest (usually must be validated by another dr)
express consent
the nurses witness the patient giving consent and making sure they don't have any other questions. This is what nurses obtain
Patient self determination act
requires health care orgs that receive federal funding to provide education for staff and patients on issues concerning treatment and end of life issues like power of attorney and advance directives
power of attorney
spokesperson when you are unable
advance directive
full code, DNR, set decision while you are able not what other people decide for you
health insurance portability and accountability act
Protects the privacy of health info and improves the portability and continuity of health insurance coverage
good samaritan immunity
a nurse is not liable for injury that occurs as a result of emergency treatment provided that they acted within their scope of practice ex. can't sue you if you break a rib during CPR