Legal issues in Nsg and workplace advocacy
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| accountability | Being responsible for one's actions; a sense of duty in performing nursing tasks and activities. | (blank)
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| advance directives | Written or verbal instructions created by the patient describing specific wishes about medical care in the event he or she becomes incapacitated or incompentent | Living wills and durable powers of attorney.
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| adverse event | An injury caused by medical management rather than the patient's underlying condition. | An adverse event attributable to error is a preventable adverse event.
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| case law | Body of written opinions created by judges in federal and state appellate cases | Also know as judge-made law and common law.
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| civil law | A category of law (tort law) that deals with conduct considered unacceptable. | Based on societal expectations regarding interpersonal conduct. Common causes of civil litigation include professional malpractice, negligence, and assault and battery.
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| common law | Law that is created through the decision of judges as opposed to laws encated by legislative bodies | Laws not made by Congress.
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| comparative negligence | A type of liability in which damages may be aportioned among two or more defendants in a malpractice case. | The extent of liability depends on the defendant's relative contribution to the patient's injury.
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| criminal negligence | Negligence that indicates "reckless and wanton" disregard for the safety, well-being, or life of an individual | Behavior that demonstrates a complete disregard for another, such that death is likely
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| damages | Monetary compensation the court orders paid to a person who has sustained a loss or injury to his or her person or property through the misconduct of another | Misconduct could be intentionally or unintentionally.
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| defendant | The individual who is named in a person's complaint as responsible for an injury | the person who the plaintiff claims committed a negligent act or malpractice.
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| durable power of attorney for health care | An instrument that authorizes another person to act as one's agent in decisions regarding health care if the person becomes incompetent to make his or her own decisions. |
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| error | a failure of a planned action to be completed as intended, or the use of a wrong plan to achieve a specific aim. |
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| immunity | Legal doctrine by which a person is protected from lawsuit for negligent acts or an institution is protected from a suit for the negligent acts of its employees. |
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| liability | Being legally responsible for harm caused to another person or property as a results of one's action | Compensation for harm normally is paid in monetary damages.
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| licensing laws | Laws that establish the qualifications for obtaining and maintaining a license to perform particular services. | Persons and institutions may be required to obtain a license to provide particular health care services.
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| Malpractice | Failure of a professional to meet the standard of conduct that a responsible and prudent member of his/her profession would exercise in similar circumstances that results in harm. | The professional's misconduct is unintentional.
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| Negligence | Failure to act in a manner that an ordinary, purdent person (either lay person or professional) would act in a similar circumstance, resulting in harm. | The failure to act responsible and prudent manner is unintentional.
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| Plantiff | The person complaining is a lawsuit | The person who claims he/she was injured by the acts of another.
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| Standard of care | In civil cases the legal criteria against which nurse's and physician's conduct is compared to determine whether a negligent act or malpractice occured | Commonly defines as the knowledge and skill that an ordinary, reasonably prudent person would possess and exercise in the same or similar circumstances.
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| Statute or statutory law | LAW ENACTED BY LEGISLATIVE BODY; SEPARATE FROM JUDGE MADE OR COMMON LAW. | WRITTEN BY CONGRESS OR STATE LEGISLATURES. VIOLATION OF LAW IS A CRIMINAL OFFENSE. A NURSE IS SUBJECT TO PENALTIES, INCLUDING FINES, SUSPENSION, OR REVOCATION OF LICENSE, OR IMPRISONMENT
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| What is EMTALA? | Emergency Medical Treatment and Active Labor Act | Prohibit the refusal of care for indigent and uninsured patients seeking medical assistance in the emergency department
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| Americans with disabilities act of 1990 | to end discrimination against qualified persons with disabilities by removing barriers that prevent them for enjoying the same opportunities as people with no disabilities. | as patients advocates, the nurse must provide patient education, by meeting disable clients needs and equipment to facilitate communication.
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| Patient self determination act of 1990; Omnibus Budget Reconciliation Act of 1990 | Medicare/Medicaid amendment intended to support individuals in expressing their preferences about medical treatment and making decisions about end of life care. | must inform adult pt. in writing, their right to make tx choices. (includes DNR orders) ask pt. about "living will" or "poa"
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| HIPPA of 1996 | ensure pt. confidentiality | maintaining privacy of pt.'s health information.
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