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Legal Aspects Ch 3

definitions

QuestionAnswer
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 of views
Ethics Committee a committee formed to consider ethical problems
Advanced Directive or living will is consent that has been constructed before the need for it arises
Appeal challenge to a court decision
Civil rights, Civil Law personal or individual conditions life, liberty privacy guaranteed by the constitution, Bill of Rights and federal or regulatory law
competent mentally and emotionally able to understand and act (make choices)
controlled substance specific drugs with a potential for abuse, such as narcotics, tranquilizers, stimulants and sedatives
Crime Violation of Public law
Defendant person accused of violation of public law (crime), or civil law (tort)
Damages The monetary award to an injured plaintiff when the defendant is found responsible for the injury
Emancipated Minor Person under 18 who is legally considered an adult, usually due to marriage, parenthood or enlistment in armed services
felony a serious crime that may result in a prison term of more than 1 year
Health Care Agent Person designated by the patient to make health care decisions when the patient is incapacitated. (surrogate decision maker)
Liability Responsibility to pay or compensate for loss or injury that results from one's negligence
Litigation Lawsuit legal process to prove facts of a dispute
Malpractice Is negligence by a professional person
Malpractice insurance Policy that protects nurse from expense of defending self from lawsuit, will pay that amount awarded up to policy limits if nurse found guilty of malpractice
Medical Power of attorney legal assignment of ability to make health care decisions for another person.
Misdemeanor Less serious crime than felony, may result in fines, imprisonment of 1 year or less or both
Negligence Failure to do what a reasonable Person would do, or doing what a reasonable person would not do results in harm or injury to another person
Plaintiff Person who believes he or she has been injured by the actions of another, and seeks to prove it in a court of law
Power of Attorney legal action to allow a person to conduct business matters for another
Precedent A judicial decision that is used as a guide to interpreting the law and deciding cases afterward
Privileged relationship One that requires confidentiality, trust that information gained in the relationship will not be made public
Statue Laws
Tort Violation of a civil law, a wrong against an individual
Nurse Practice Act Defines the scope of nursing practice and provides for regulation of the profession by a state board of nursing
Reciprocity recognition of one state's nursing license by another state
Accountability is taking responsibility for ones actions
delegation is the assignment of duties to another person
OSHA Occupational Safety and Health Act passed in 1970 to improve the work environment in areas that affect workers' health and safety
Discrimination making a decision or treating a person based on a class or group to which he belongs, such as race, religion or sex rather than on his individual qualities
Sexual harassment unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of sexual nature.
SBAR Situation, background, Assessment, recommendation
Sentinel event an unexpected patient care event that results in death or serious injury to the patient
Confidential kept private
consent permission given by the patient or his legal representative
DNR Do not Resuscitate
Patient Advocate One who speaks for and protects the rights of the patient
Prudent Sensible and careful
Elements of Malpractice (4) (Do be careful inside) Duty, Breach of Duty, Causation, injury or damages
Assault is the threat to harm another, or even to threaten to touch another without that persons permission
Battery is the actual physical contact that has been refused or that is carried out against the persons will
Defamation is when one person makes remarks about another person that are untrue, and the remarks damage the other person reputation
Slander oral defamation
Libel written defamation
invasion of privacy occurs when there has been a violation of the confidential and privileged nature of a professional relationship
false imprisonment preventing a person from leaving or restricting his movements in a facility
Guidelines to reduce legal risk (5) (my dog eats chicken tenders) Maintain competence, Document fully, Establish rapport, Communicate effectively, take care of yourself
Ethics or ethical principles are rules of conduct that have been agreed to by a particular group
Euthanasia or mercy killing that act of ending another persons life, with or without the persons consent to end actual or potential suffering
whistle-blowing reporting illegal or unethical actions
Incident report is often used to document what happened, the facts about an incident, and who was involved or witnessed it
Judicial law results from court decisions (establishing a precedent)
Administrative law dictated by agencies created by the legislature (includes the US constitution and bill or rights
Criminal and civil Law involve a plaintiff and defendant, in criminal law the plaintiff is the state, in civil law the plaintiff is a person generally seeking damages
Created by: veneil15