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Fundamentals 3 Vocab
| Term | Definition |
|---|---|
| Laws | Rule of conduct established and enforced by government |
| Constitutional Law | The founder of the United States wrote the country’s first formal Laws within the Constitution. This document divides power among three branches of government and establishes checks and balances |
| Statutory laws | Laws enacted by federal, state or local legislators;. sometimes they are identified as public acts, codes or ordinances. Example - nurse practice act |
| Nurse practice act | A statute that legally defines the unique role of the nurse and differentiates it from that of other care health care providers, such as physicians. |
| Administrative laws | Legal provisions through which federal, state, and local agencies maintain self-regulation |
| State Board of Nursing | Each state regulatory agency for managing the provisions of a states nurse practice act |
| Reciprocity | Licensure based on evidence of having met licensing criteria in another state |
| NLC ~ Nurse Licensure Compact | Agreements between states in which a nurse licensed in one state can practice in another without obtaining an additional license |
| Criminal Law | Penal Codes that protect all citizens from people who pose a threat to the public good: there are two types of criminal laws:Misdemeanor or felony. |
| Misdemeanor | A minorr criminal offense such as shoplifting);. If convicted of a misdemeanor a small fine, a short period of incarceration or both may be levied. |
| Felony | A serious criminal offense, such as murder, falsifying medical records, insurance fraud, and stealing narcotics. Conviction is punishable by a lengthy prison term or even execution. |
| Civil laws | Statues that protect personal freedoms and rights (apply to disputes between individual citizens); The cases are referred to as torts. There is a Plaintiff and a Defendant |
| Tort | Litigation in which one person asserts that a physical, emotional, or financial injury was a consequence of another persons actions or failure to act. there are intentional torts an unintentional torts |
| Intentional torts | Lawsuits in which a plaIntiff charges that a defendant committed a deliberate aggressive act. There are 5 Types: Assault, battery, false imprisonment, invasion of privacy, & defamation |
| Assault | An act in which bodily harm is threatened or attempted. Such harm may be physical intimidation, remarks or gestures. |
| Battery | Unauthorized physical contact: it can include touching a person’s body, clothing, chair or bed |
| False imprisonment | Interference with a person’s freedom to move about at will without legal authority to do so; This includes the use of restraints: (devices or chemicals that restrict movement) |
| Nursing Reform Act of the OBRA: Omnibus Budget Reconciliation Act | Federal legislation that says standards of care and establishes certain rights for older adults, states that residents in nursing homes have “the right to be free of, and if facility must ensure freedom from, any restraints imposed or psychoactive drug ad |
| HIPAA (Health Insurance Portability & Accountability Act | Legislation that sets national standards for the security of health information, ensures that an individual’s electronically, paper or health information is protected. |
| Defamation | An act in which untrue information harms a person’s reputation. |
| Unintentional tort | Result in an injury, although the person responsible did not mean to cause harm; The two types of Unintentional towards involve allegations of negligence and malpractice |
| Negligence | Harm the results because a person did not act reasonably: implies that a person acted carelessly. |
| Malpractice | Professional negligence; it differs from simple negligence and that professionals are held to a higher standard of accountability. |
| Competent nursing | “The Golden Rule”. Do unto others as you would have them do unto you. One of the best methods for avoiding lawsuits is to administer compassionate care. |
| Professional liability | All professionals, including nurses, are held responsible and accountable for providing safe and appropriate care |
| Liability insurance | A contract between a person or a corporation and a company willing to provide legal services and financial assistance when the policyholder is involved in a malpractice lawsuit |
| Good Samaritan Law | Most states have this law which provide legal immunity to passersby who provide emergency first aid to victims of accidents; although these laws are helpful, no good Samaritan law provides absolute exemption from prosecution in the event of injury |
| Gross negligence | Total disregard for another’s safety; in these cases, healthcare providers may be charged with a criminal offense |
| Statue of limitations | Designated time within which I person can file a lawsuit; the length of time varies among states |
| Assumption of risk | Determined by whether a client is forewarned of a potential safety hazard and chooses to ignore the warning; It is essential that the nurse document that he or she warned the client and that the client disregarded the warning |
| Documentation | Record keeping |
| Risk management | The process of identifying and reducing the cost of anticipated losses; Risk managers review all the actual and potential problems in the workplace, identify common elements and then develop methods to reduce the risk. (Primary tool - incident report) |
| Incident report | A written account of an unusual, potentially injurious event involving a client, employee or visitor. (Not a part of the chart, it goes to risk management) |
| Anecdotal record | Personal, hand written account of an incident; it is not recorded on any official form, nor is it filed with administrative records. |
| Ethics (comes from the Greek word ethos, meaning customs are modes of conduct) | Moral or physiological principles; direct actions as being either right or wrong |
| Code of ethics | A list of written statements describing a deal behaviors. |
| Ethical dilemma | Choice between two undesirable alternatives; occurs when individual values and laws conflict. |
| Ethical theories | Ethical problem solving theories guide nurses in solving ethical dilemmas |
| Ethical principles | Six principles that form a foundation for ethical practice: beneficence, nonmaleficence, autonomy,, veracity, fidelity and justice |
| Beneficence | Means “doing good” or acting for another’s benefit |
| Nonmaleficence | “Doing no harm” or avoiding an action that deliberately harms a person |
| Autonomy | Refers to a competent person’s right to make his or her own choices without intimidation or influence |
| Veracity | The duty to be honest and avoid deceiving or misleading a client |
| Fidelity | Being faithful to work-related commitments and obligations |
| Justice | Mandates that clients to be treated in partially without discrimination according to age, gender, race, religion, socioeconomic status, weight, marital status or sexual orientation |
| Values and Ethical Decision-Making | When I nurse has not taken a course and ethics, his or her ethical decisions are often the result of Values(A persons most meaningful believes and the basis on which he or she makes most decisions about right or wrong) |
| Guidelines to ethical decision making | Client’s best interest; preserve and support the rights of clients; work cooperatively with the client and other healthcare providers; follow written policies, codes of ethics and law’s; follow your conscience |
| Withholding and withdrawing treatment | Technology often is used to prolong life at all cost, beyond justifying its benefits. Decisions involving life and death may sometimes Continue to circumvent clients, a clear violation of ethical principles. |
| Advance directives | Written statement identifying a competent person‘s wishes concerning terminal care: Legislation mandates the discussion of terminal care with clients. |
| Living Will | And instructive form of an advance directive; it is a written document that identifies a persons preferences regarding medical interventions to use-or not use-and a terminal condition, irreversible, or persistent vegetative state with no hope of recovery |
| Durable power of attorney for healthcare | Designates a proxy for making medical decisions when the client becomes so incompetent or incapacitated that he or she cannot make decisions independently |
| Code status | Refers to how healthcare providers are required to manage care in the case of cardiac or respiratory arrest. Without a written order from the physician to the contrary, the client is designated as a full code. |
| Full code | All measures to resuscitate the client are used |
| DNR | Do not resuscitate; No resuscitative efforts will be given |
| Allocation of scarce resources | The process of deciding how to distribute limited life-saving equipment or procedures among several who could benefit |
| Whistle-Blowing | Reporting in competent or unethical practices. |
| Common Laws: Also known as judicial law | It is based on the principle of stare decisis: (“let the decision stand”). Common law refers to litigation that falls outside the realm of constitutional, statutory, and administrative laws |
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