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Legal and Ethical Aspects of Nursing

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Term
Definition
laws   formal written rules of behavior that govern conduct and ensure the protection of citizens.  
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ethics   moral principles and values that guide human behaviors.  
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crime   a wrong committed against a person or property or public good. A crime occurs when a law is violated  
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felony   a serious crime  
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misdemeanor   a crime that is considered not as serious as a felony. A nurse's license can still be revoked if committed.  
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liability   the legal responsibility for one's actions or failure to act appropriately.  
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euthanasia   mercy killing  
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tort   an injury that occurred because of another person's intentional or unintentional actions or failure to act. The inury can be physical, emotional, or financial.  
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malpractice   professional negligence; the improper, injurious, or faulty treatment of a client that results in injury or loss.  
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negligence   harm done to a client as a result of neglecting duties, procedures, or ordinary precautions. the failure to act as a reasonable person would have acted in a similar situation; takes into acct your educational level and experience.  
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assault   a threat or attempt to do bodily harm; includes physical or verbal intimidation  
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battery   physical contact with another person without that person's consent  
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inferred consent   in life threatening situations, the client provides consent for care.  
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civil law   protects civil rights such as freedom from invasion of privacy and freedom from threats of injury  
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criminal law   laws that define offenses that violate the public welfare  
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administrative law   empowers agencies ot create and enforce rules and regulations  
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statutory law   any law enacted by a legislative body  
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constitutional law   law written as part of a local, state, or federal constitution; ex. right to free speech  
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informed consent   tests, treatments, and medications have been explained to the person, as well as outcomes, possible complications, and alternative procedures  
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libel   a written statement or photograph that is false or damaging  
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slander   malicious verbal statements that are false or injurious  
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defamation   an act that harms a person's reputation and good name  
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abandonment of care   a legal term that implies that a healthcare professional has prematurely stopped caring for a client  
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right to privacy   a client has the right to expect that his or her property will be left alone  
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HIPAA   1996 Health Insurance Portability and Accountability Act; federal privacy regulation; protects clients' info and makes sure the info remains private  
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PHI/EHI   Protected Health Information/Electronic Health Information; "any part of an individual's medical record or payment history"; only employees who "need to know" can legally access any client's record  
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HIPAA Title II act   regulates who can have acces to client info; sets standards for storage and transmission of client info; requires that healthcare facilities write policies allowing clients access to their own personal health information  
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Patient Safety and Quality Improvement Act of 2005   aka Patient Safety Act encourages the reporting and the subsequent analysis of medical errors and safety issues in a confidential manner w/out fear of increased liability risk  
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ROI   Release of Information; no one can legally give out personal information about a client w/out a signed ROI.  
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"No Information" Status   when a client requests that no one know that they are in a facility; no mail, flowers, visitors; common in mental health. abortion, rehab facilities  
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alias   when client is admitted to a facility under another name; famous, celebrity clients  
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AKA   also known as; ex. married woman  
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AMA   against medical advice  
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Nurse Practice Act   the law that defines and regulates the practice of nursing in the US.  
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NCLEX-PN   National Counsel Licensing Examination for Practical Nurses  
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NCSBN   National Council of State Boards of Nursing; responsible for NCLEX exams  
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CAT   Computerized Adaptive Testing  
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CEU/CEH   Continuing education units/hours  
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advance directive   a legal document in which a person either states choices for medical treatment or names some on the make tx choices if he or she loses decision-making ability  
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PSDA Patient Self-Determination Act (1991);   Requires all healthcare institutions to comply w/ the provisions of this act or forfeit reimbursement from Medicare or other types of funding; requires that all adults admitted to any healthcare facility must be asked if they have an advance directive  
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three major types of advance directives   living will, directives to physicians; durable power of attorney for healthcare  
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living will   a written and legally witness document that requests no extraordinary measures to be taken to save a person's life in the event of terminal illness  
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directive to physicians   physician is decision-maker for terminally ill patient; physician must agree in writing  
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clinical/biological death   death due to the absence of respirations and the absence of a heartbeat  
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UNOS   The United Network of Organ Sharing; established to ensure fairness in the receipt of donated organs  
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