Intro Nursing Legal Terms and Definitions

Advance Directive

a document stating a person's wishes about health care when that person cannot make his or her own decisions

Appeal

(law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial

Civil Law

Body of law dealing with private rights of individuals

Competent

Mentally and Emotionally able to appreciate consequences of actions

Controlled Substance

a drug or chemical substance whose possession and use are controlled by law

Crime

Violation of Public Law

Defendent

an individual or group being sued or charged with a crime

Damages

a sum of money paid in compensation for loss or injury

Emancipated Minor

Person younger than 18 years of age who lives independently, is totally self-supporting, is married or divorced, is a parent even if not married, or is in the military and possesses decision-making rights.

Felony

a crime more serious than a misdemeanor and punishable by imprisonment for more than one year or death

Health Care Agent

individual chosen by an individual (principal and authorized to make medical care decisions on behalf of the individual in the event of his or her subsequent incapacity to make a reasoned decision

Liability

an obligation to pay money to another party

Litigation

a lawsuit, or legal disputation

Malpractice

failure of professional duty or professional misconduct

Malpractice Insurance

insurance purchased by physicians and hospitals to cover the cost of being sued for malpractice

Medical Power of Attorney

a legal document signed by a person wh is giving another individual the power to make heath care decisions for the first person if they become incompetent

Misdemeanor

(n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct

Negligence

failure to act with the prudence that a reasonable person would exercise under the same circumstances

Plaintiff

the party that brings the charges against the accused

Power of Attorney

a legal instrument authorizing someone to act as the grantor's agent

Precedent

an example that is used to justify similar occurrences at a later time

Privileged Relationship

One that requires confidentiality; trust that information gained in the relationship will not be made public

Statute

Legal Term for Law

Tort

Violation of a civil law, a wrong againsts an individual

Privilege

Permission to do what is usually not permitted in other circumstances

Ethical Codes

actions and beliefs approved of by a particular group of people

Ethical Principles

Rules of right and wrong from an ethical point o fview

Ethics Committee

committee made up of individuals who are involved in a patient's care, including health care practitioners, family members, clergy, and others, with the purpose of reviewing ethical issues in difficult cases

Laws

rules of conduct enforced by government

Nurse Practice Act

rules and regulations est. by state boards as to what a nurse can and can not do

Reciprocity

Recognition of one state's nursing license by another state

Accountability

a willingness to answer for your actions and decisions

Delegation

authorizing subordinates to make certain decisions

Assignments

Assignments can be made to unlicensed persons

Standards of Care

Established by the nurse practice act that your are legally responsible for.

Occupational Safety and Health Act

a law passed by the United States Congress that created the Occupational Safety and Health Administration to prevent employees from being injured or contracting diseases in the course of their employment

Discrimination

unfair treatment of a person or group on the basis of prejudice

Sexual Harassment

unwelcome sexual behavior by a supervisor toward an employee

Sentinel Event

an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof

Confidential

private

Consent

Permission Given by a patient

Competent

One who is legally fit (mentally and emotionally)

Release

Legal form used to excuse one from liability

DNR

do not resuscitate

Patient Advocate

is a person who speaks for the patient in instances where the patient is unable to communicate effectively for themselves or when the patient lacks the subject matter knowledge to communicate effectively

Prudent

wise, careful, cautious

Assault

a threatened or attempted physical attack by someone who appears to be able to cause bodily harm if not stopped

Battery

an assault in which the assailant makes physical contact

Slander

words falsely spoken that damage the reputation of another

Libel

a tort consisting of false and malicious publication printed for the purpose of defaming a living person

Defamation

an abusive attack on a person's character or good name

Invasion of Privacy

the wrongful intrusion by individuals or the government into private affairs with which the public has no concern

False Imprisonment

unlawful restraint or restriction of a person's freedom of movement

Protective Devices

Mechanical (locks, rails, belts, garments) or Chemical (drugs) -- a Physician Order is necessary for ANY protective device. The inappropriate use of devices that limit a person's mobility can result in charges of false imprisonment.

Incident Report

a record completed after an unusal occurrence that describes what happened and the steps taken after the occurence.

Ethics

Ethical principles are rules of conduct that have been agreed to by a particular group

Euthanasia

the act of killing someone painlessly (especially someone suffering from an incurable illness)

Whistle-Blowing

the disclosure by an employee of illegal, immoral, or illegitimate practices by the organization