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PNN153 Test #2
Medical
| Question | Answer |
|---|---|
| Types of (Law) | Public and Civil |
| Source of Public Law | U.S. Constitution, Statutory Law, Administrative Law, Jurisprudence/Common Law |
| Type of Public Law | Criminal Law, Felony, Misdemeanor |
| Criminal Law-Public | acts against the welfare or safety of the public Exp. a set law vs. the public |
| Felony-Public | serious crime |
| Misdemeanor-Public | less serious crime |
| U.S. Constitution-Public | define and limit the powers of government |
| Statutory Law-Public | laws enacted by legislatures--Nurse Practice Act, each state has differences |
| Administrative Law-Public | developed by governmental sdministrative agencies who are appointed to enforce the statutory laws passed by state legislatures. - State Boards of Nursing |
| Jurisprudence/Common Law-Public | judge-made or through court action: interpretation of a state law as it applies to a particular situation. |
| Sources of Civil Law | Contract and Tort Law |
| Civil Law | People against People |
| Contract Law-Civil | agreement between 2 organizations 1.Formal: written 2. Implied-understood 3. Oral-handshake |
| Tort Law-Civil | A civil wrong-Defines/ enforces the duties and rights among people. |
| Unintentional Tort | Does not require intent but does require harm. Exp. Legal Liability in Nursing |
| Liability: Unitentional Tort | The quality or state of being legally responsible for one's obligations and actions and to make financial restitution for wrongful acts. |
| Negligence:Unintentional Tort | the unintentional tort of acting or failing to act as an ordinary, reasonable, prudent person would do, with resulting harm being done |
| Malpractice: Unintentional Tort | Negligence by a professional. Both RN and LPN. |
| Proof of Malpractice: Six Elements: Each must be present for a case of nursing malpractice to be proven | Duty, Breach of duty, Foreseeability, Causation, Harm/Injury, Damages |
| Duty: | Do we have a relationship between the patient and nurse? |
| Breach of Duty: | Did not follow the standard of care. |
| Foreseeability: | Link between what nurse did or didn't do and what happened, was act and the injury suffered. |
| Causation: | Must be proved that the harm occurred as a direct result of the nurse's failure to follow the standard of care. |
| Harm/Injury: | Patient must have had some injury. No damage- can't sue. |
| Damages: | If damages the nurse would have to pay or there insurance |
| Expert Witness: | They have to have creditability and knowledge to the subject to what is being sued. |
| Intentional Tort: | Nurse intends to do the act. No harm need to be caused by the act for liability to exist. |
| Assault: | a threat to touch another person without permission |
| Battery: | to touch another person without permission |
| False Imprisonment: | Unjustifiable detention of a person w/o Legal warrant to confine the person. EX. Pysical restraints, Seclusion in a room w/o cause or dr. order, Verbal threats of physical harm, Chemical restrant |
| Invasion of Privacy: | Client's right to privacy (No Pub), Law of Privilege Doctrine: no one will reveal confidential information with client's permission: personal,photo client,perform procedures, thru personal belongings |
| Defamation: | communication that is false: Libel: by means of print, writing, or pictures. Slander: by the spoken word, gossip. |
| Fraud: | saying something we are not: Illegal billing, Deceit in obtaining a nurse's license, using false credentials, falsifying medical records |
| Unprofessional Conduct: | Incomptence or gross negligence: renewal of license or possession of controlled substance |
| Controlled Substances: | (the impaired nurse) can't do job because of impairment |
| Incident Reports: | variance/occurrence reports Purpose- make all facts avail. to the staff, contribute to the data, help future incidents Legal/ Ethical Consideration-not part of chart |
| Key Elements of Incident Reports: | date,exact time,place,persons involved,exact occurrence,exact details in time,time and name of dr.notified,do not record opinions,keep accurate description at home incase you are called to court |
| Ethics | Practices or beliefs of a certain group or expected standards of moral behavior of a group as defined by the group's Code of Ethics |
| Morality | Private, personal standards of right and wrong |
| Bioethics | Ethics applied to human life/Health care |
| Values | Personal beliefs or attitudes about the worth of a person, object idea or action, Influence decisions and actions, are freely chosen"& can change over time. |
| Choosing | Beliefs are freely chosen without outside pressure |
| Prizing | Chosen beliefs are prized and cherished |
| Acting | Chosen beliefs are affirmed to others and incorporated into one's behavior |
| Altruism | Concern for the welfare of others |
| Autonomy | Right of self determination, Freedom to choose |
| Human Dignity | Protects client privacy |
| Integrity | The nurse is honest |
| Social Justice | Equal treatment under the law |
| Essential Values of Nursing Practices | Altruism, Autonomy, Human Dignity, Integrity, Social Justice |
| Values Clarification: | Choosing, Prizing, Acting |
| Nonmaleficence | Do no harm |
| Benefience | Do good, put the patient first |
| Justice | Equitable distribution of benefits and risks |
| Veracity | Tell the truth |
| Fidelity | Be true to acting in the client's best interest |
| Confidentiality | Don't talk about the patient |
Created by:
sacotton
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