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foundations
chapther 7
| a standard or rule of conduct established and enforce by the government that is intended chiefly to protect the right the public | law |
| law in which the government is involved directly. regulates the relationship between people and the government | public law |
| also called the civil law, regulates relationships among people | private law |
| includes laws relating to contracts; ownerships of property and the practice of nursing, medicine, pharmacy, and dentistry | civil law |
| a type of public law that concerns state and federal criminal statutes, which defines criminal actions such as murder, manslaughter, criminal negligence, theft and illegal possession of drugs | criminal law |
| law in which the government is involved directly. regulates the relationship between people and the government | public law |
| also called the civil law, regulates relationships among people | private law |
| includes laws relating to contracts; ownerships of property and the practice of nursing, medicine, pharmacy, and dentistry | civil law |
| a type of public law that concerns state and federal criminal statutes, which defines criminal actions such as murder, manslaughter, criminal negligence, theft and illegal possession of drugs | criminal law |
| constitution, statutory law, administrative law, and common law | four sources of law |
| the process of bringing and trying a lawsuit | litigation |
| the person or government who claims to have incurred losses as the results of an action by a defendant is called | the plaintiff |
| is presumed innocent until proved guilty of a crime or tort | defendant |
| protects the public by broadly defining the legal scope of nursing practice | nursing practice acts |
| a subject to action in civil court with damages usually being settled with money | tort |
| a less serious crime commonly punishable with a fine, imprisonment less than 1 year or both with parole | misdemeanor |
| is punishable by imprisonment by state or federal penitentiary for more than 1 year | felony |
| a threat or an attempt to make bodily contact with another person without that persons consent | assault |
| an assault that is carried out and includes willful, angry, and violent or negligent touching of another persons body or clothes or anything attached to or held by that other person | battery |
| an intentional tort in which one party makes derogatory remarks about another that diminish the other party reputation | defamation of character |
| is spoken defamation of character | slander |
| is a written defamation of character | libel |
| willful and purposeful misrepresentation that could cause or has caused, loss or harm to a person or property | fraud |
| defined as performing an act that a reasonably prudent person under similar circumstances would not do or conversely, failing to perform an act that a reasonably prudent person under circumstances would do | negligence |
| the term generally used to describe negligence by professional personnels | malpractice |
| involves four element that must be established to prove malpractice or negligence has occurred | duty, breach of duty, causation, damages |
| refers to an obligation to use due care and is defined by the standard of care appropriate for the nurse patient relationship example; alerting responsible health care professional to changes in a patients condition | duty |
| is the failure to meet the standard of care example: failure to note and report that an older adult patient assessed as alert on admission is exhibiting periods of confusion | breach of duty |
| the most difficult element of liability to prove, shows that the failure to meet the standard of care (breach) actually caused the injury example: failure to use appropriate safety measures; | causation |
| the actual harm or injury resulting to the patient example; fractured left hip; pain and suffering; lengthened hospital stay, and need for rehabilitation | damage |
| a nurse who is named a defendant should work closely with an attorney while preparing the defnese | nurse as defendant |
| either the defense or the prosecuting attorney may call a nurse who has knowledge of the actual incident prompting the legal case to testify | fact witness |
| a nurse may be called by either attorney or to testify as an | expert witness |
| a warning from a present or past member of an organization to the public concerning a serious wrongdoing or danger created or masker by the organization | whistle-blowing |
Created by:
nash1029
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