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68wm6 p2 Pra Nur Law

Practical Nurse and the Law

QuestionAnswer
What year was the patient bill of rights 'adopted' by the American Hospital Association? 1972
How long can 'harmless' psych patients be held against their will? 2 - 3 days
What conditions must exist in order for a psych patient to be held against their will for more than 3 days? *Condition over 30 days *Danger to self or others *Gravely disabled
What falls under criminal law? *Issue is offensive to society *Conduct is detrimental to society *To punish or deter crimes against society *Involves public offenses such as murder, robbery, and assault
What falls under civil law? *Conduct that violates a person's rights *Conduct is detrimental to that individual *Involves an offense that is against an individual *The purpose of civil law is to make the person whole again
What are the sources of laws? Statuatory and civil/common law
What is statuatory law? *Federal government *State government *Local government
What is common or civil law? *Based on customs and precedent *Civil rights violation *Contract law *Law of TORTS legal wrong NOT included under contract laws
What are TORTS? *Negligence *False imprisonment *Confidentiality *Defamation of character *Consent *Assault and battery *Fraud
What is administrative law? *A third type of law that come from agencies created by the legislature *OSHA (federal) *FDA (federal) *Texas Board of Nursing (state) *Motor Vehicle Department (local)
What is malpractice? *Practice leading to poor care and patient harm. All persons involved in patient care are now held responsible
What is negligence? Failing to perform some act that a reasonably prudent person would perform with the same educational and experience level
What must exist to prove negligence? *Standard of care existed *Failure to meet standard *Knowledge that harm may result *Harm did occur
What is defamation of character? Any false or malicious statement that may harm the character or reputation of another (slaner, libel)
What is slander? Oral statements that are untrue or injurious to another’s reputation
What is libel? Written or printed statements that are untrue or injurious to another’s reputation
Created by: Shanejqb