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rule of conduct established/enforced by gov't |
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process of trying a lawsuit |
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National and State Standards of Practice |
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those standard techniques of nursing practice, the learning of which is a requirement for licensure |
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specialized education which authorizes one to offer higher level care |
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signifying the provision of care at a certain level by a third party organization |
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not required, denotation of advanced licensure |
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wrong against person/property/public |
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misdemeanor < 1 year < felony |
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wrong tried in a civil court; labeled as intentional (assault, battery, false imprisonment) or unintentional (negligence, malpractice) |
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the four elements of liability and examples of each |
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duty & breach of duty (assessing medical problems that aren't necessarily the pt's RSC/failure to do so) causation (a surgeon closes a suture with gauze left in the body--> causes a medical problem) damages (pt loses time at work due to causative actions on the part of the hospital--> emotional/monetary impact of our decisions) |
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outcomes of malpractice litigation |
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settlement malpractice arbitration panel presentation trial court |
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roles of nurses in legal proceedings |
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defendant fact witness expert witness |
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recommendations for defendant (name 3) |
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don't discuss case don't alter records cooperate fully be courteous don't volunteer info |
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legal safeguards for nurses |
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contracts competent practice educate pt, execute MD orders with prejudice, and DOCUMENT |
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professional liability insurance |
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insurance which protects you as an individual, since the hospital liability insurance only goes so far, and sometimes the pt sues you directly |
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as a healthcare professional, it is your duty to respond to medical emergencies. As such, the subject of the emergency cannot sue you for performing that duty correctly. |
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elements of informed consent |
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Disclosure--full education of pros and cons Comprehension and competence--the ability to understand and make informed decisions Volunteering--pt makes decisions w/o coercing |
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occupational safety and health act: law regulating the use of electrical equipment, isolation techniques, and chemicals & radiation |
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