Fundamentals of Nursing -2
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| Law | sum total of rules and regulations by which society is governed. Created by the people and exists to regulate all persons.
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| Constitutional Law | supreme law of the country – federal government. Creates legal rights and responsibilities and is the foundation for a system of justice
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| Legislation (Statutory Law) | laws enacted by the legislation are called statutory laws. Federal laws supersede state laws; state laws supersede local laws. Regulation of nursing is a function of state law. State legislatures pass statutes that define & regulate “nurse practice acts"
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| Administrative Law | when state legislature passes a law, an administrative agency is given authority to create rules and regulations to enforce the statutory laws.
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| Common Law | evolves from court decisions. Courts adhere to the doctrine of stare decisis “to stand by things decided,” usually referred to as “following precedent.”
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| Public Law | body of law that deals with relationships between individuals and government / governmental agencies
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| Criminal Law | actions against safety and welfare of the public
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| Private Law or Civil Law | deals with relationship amongst private individuals
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| Contract Law | involves enforcement of agreements among private individuals or the payment of compensation for failure to fulfill agreements
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| Tort Law | duties and rights among private individuals that not based on contractual agreements (ex. malpractice, invasion of privacy).
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| Civil Actions | Deal with relationships among individuals in society.
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| Criminal Actions | Deal with disputes between an individual and the society as a whole.
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| Litigation | Action of a lawsuit.
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| Litigators | Lawyers who participate in lawsuits
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| Complaint | Document filed by plaintiff
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| Plaintiff | Person who claims that his legal rights have been infringed
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| Defendants | Persons or entities claimed by plaintiff to have infringed his rights
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| Answer | Written response made by defendants
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| Discovery | Both parties engage in pretrial activities, in an effort to obtain facts of the situation.
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| Trial | All relevant facts are presented to a jury or only to a judge.
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| Decision | Rendered by Judge
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| Verdict | Rendered by Jury
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| Burden of proof | Duty of proving an assertion of wrongdoing
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| Expert witness | Special training, experience or skill in relevant area and allowed by court to offer an opinion in some issue within in his or her area of expertise
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| Credentialing | Process of determining and maintaining competence in nursing practice. One way of maintaining standards. Includes licensure, certification and accreditation.
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| License | Legal permit that the government agency grants to individuals to engage in the practice of a profession and use a particular title
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| Mutual recognition model | Allows multistate licensure
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| Interstate Compact or Nurse Licensure Compact (NLC) | Mechanism used to create mutual recognition among states.
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| Certification | Voluntary practice of validating that an individual nurse has met minimum standards of nursing competence in specialty areas such as maternal-child health, pediatrics etc.
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| Standards of Care | Skills and learning commonly possessed by members of a profession. Legal guidelines for nursing practice.
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| Contract | Agreement between two or more competent persons, on sufficient consideration (remuneration), to or not to do some lawful act.
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| Implied contract | Not be explicity agreed to by the parties but the law nevertheless considers to exist
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| Liability | Quality or state of being legally responsible for one's obligations and actions and make financial restitution for wrongful acts
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| Contractual obligations | Nurse's duty of care, that is, duty to render care, established by the presence of an expressed or implied contract
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| Contractual relationships | Vary among practice settings. Nurse-Client, Employer-Employee
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| Respondent Superior | Let the master answer ie, employer assumes responsibility for the conduct of the employee
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| Right | Priviliege or fundamental power to which an individual is entitled unless it is revoked by law or given up voluntarily
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| Responsibility | Obligation associated with a right
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| Strike | Organized work stoppage by a group of employees to express grievance, enforce demand for changes in conditions of employment, or solve a dispute with management
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| Informed Consent | Agreement by client to accept a course of treatment of procedure after being provided complete information, including the benefits and risks of a treatment.
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| Express consent | Oral or written agreement
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| Implied Consent | Individuals nonverbal behavior indicates agreement
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| Delegation | transfer of responsibility for performance of an activity from one person to another while retaining accountability for the outcome
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| Mandated reporters | A person who can assess and identify cases of violence against others. They must report the situation to appropriate authorities
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| Impaired Nurse | Nurse whose ability to perform functions of a nurse is diminished by chemical dependency on drugs, alcohol or mental illness
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| Advance health care directives | Include variety of legal and lay documents that allow persons to specify aspects of care they wish to receive should they become unable to make or communicate their preferences
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| Living Will | Provides specific instructions about what medical treatment the client chooses to omit or refuse in the event the client is unable to make those decisions
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| Health care proxy | also known as Durable power of attorney for health care. Is notarized or witnessed statement to appoint someone else to manage health care decisions
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| Autopsy | Postmortem examination - examination of body after death.
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| Do Not Resusitate (DNR) or "no code" order | for clients who are in the stage of terminal, irreversible illness ore expected death and expressed wish for no resusitation in an event of a cardiac or respiratory arrest
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| Euthanasia | Act of painlessly putting to death persons suffering from incurable or distressing disease.
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| Inquest | Legal inquiry into cause of manner of a death.
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| Coroner | Public official, not necessarily a physician, appointed or elected to inquire into the death, where appropriate.
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| Medical Examiner | Physician, usually has advanced education in pathology or forensic medicine.
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| Crime | Act committed in violation of publc (criminal) law and punishable by a fine or imprisonment.
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| Felony | Crime serious in nature, such as murder, punishable by a term in prison.
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| Manslaughter | Second-degree murder
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| Misdemeanor | Offense of a less serious nature and is usually punishable by a fine or short-term imprisonment, or both.
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| Tort | Civil wrong committed against a person or person's property.
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| Negligence | Misconduct or practice that is below the standard expected of an ordinary, reasonable, and prudent person.
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