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Legal Aspects Ch 3
definitions
| Question | Answer |
|---|---|
| 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
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