Legal and Ethical Aspects of Nursing
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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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Created by:
madrigo
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