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Chapter 04 - Legal Aspects of Nursing
Definitions
76
Nursing
Undergraduate 1
03/12/2013

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Term
Advance health care directives
Definition
A 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
Term
Answer (Legal)
Definition
A written response made by the defendant
Term
Assault
Definition
An attempt or threat to touch another person unjustifiably
Term
Autopsy
Definition
An examination of the body after death to determine the cause of death and to learn more about a disease process
Term
Battery
Definition
(Legal) the willful or negligent touching of a person (or the person's clothes or even something the person is carrying), which may or may not cause harm
Term
Breach of duty
Definition
A standard of care that is expected in the specific situation but that the nurse did not observe; this is the failure to act as a reasonable, prudent nurse under the circumstances
Term
Burden of proof
Definition
The duty of proving an assertion
Term
Causation
Definition
A fact that must be proven that the harm occurred as a direct result of the nurses failure to follow the standard of care and the nurse could have (or should have) known that failure to follow the standard of care could result in such harm
Term
Civil actions
Definition
Deals with the relationship between individuals in society
Term
Civil law
Definition
The body of law that deals with relationships among private individuals; also known as private law
Term
Common law
Definition
The body of principles that evolves from court decisions
Term
Complaint
Definition
(Legal) a document filed by plaintiff
Term
Contract
Definition
A written or verbal agreement between two or more people to do or not to do some lawful act
Term
Contract law
Definition
The enforcement of agreements among private individuals or the payment of compensation for failure to fulfill the agreement
Term
Contractual obligations
Definition
Duty of care established by the presence of an expressed or implied contract
Term
Contractual relationships
Definition
Very among practice settings; maybe as an independent or employer – employee relationship
Term
Coroner
Definition
A physician who is authorized by the county or other government agency to determine causes of death under unusual circumstances
Term
Credentialing
Definition
The process of determining and maintaining competence in practice; includes licensure, registration, certification, and accreditation
Term
Crime
Definition
An act committed in violation of public (criminal) law and punishable by fine and/or imprisonment
Term
Criminal actions
Definition
Deal with disputes between an individual and the society as a whole
Term
Criminal law
Definition
Deals with actions against the safety and welfare of the public
Term
Damages
Definition
If malpractice caused the injury, the nurses held liable for damages that may be compensated
Term
Decision
Definition
(Legal) outcome made by a judge
Term
Defamation
Definition
(Legal) a communication that is false, or made with careless disregard for the truth, and results in injury to the reputation of another
Term
Defendants
Definition
(Legal) person against whom a plaintiff files a complaint
Term
Delegation
Definition
Transference of responsibility and authority for an activity to a competent individual
Term
Discovery
Definition
(Legal) pretrial activities to gain all the facts of a situation
Term
DNR
Definition
Term
Duty
Definition
The nurse must have (or should have had) a relationship with the client that involves providing care and following an acceptable standard of care
Term
Euthanasia
Definition
The act of painlessly putting to death persons suffering from incurable or distressing disease
Term
Expert witness
Definition
One who has special training, experience, or skill in a relevant area and is allowed by the court to offer an opinion on some issue with in that area of expertise
Term
Express consent
Definition
An oral or written agreement
Term
False imprisonment
Definition
The unlawful restraint or detention of another person against his or her wishes
Term
Felony
Definition
A crime of serious nature, such as murder, punishable by a term in prison
Term
Foreseeability
Definition
A link that must exist between the nurses act and the injury suffered
Term
Gross negligence
Definition
Involves extreme lack of knowledge, skill, or decision-making that the person clearly should have known would put others at risk for harm
Term
Harm
Definition
(Injury) the client or plaintiff must demonstrate some type of harm or injury (physical, financial, or emotional) as a result of the breach of duty of the client; the plaintiff will be asked to document physical injury, medical costs, loss of wages, "pain and suffering, "and any other damages
Term
Health care proxy
Definition
A legal statement that appoints a proxy to make medical decisions for the client in the event that the client is unable to do so
Term
Impaired nurse
Definition
A nurse whose practice has deteriorated because of chemical abuse
Term
Implied consent
Definition
Consent that is assumed in an emergency when consent cannot be obtained from the client or a relative
Term
Implied contract
Definition
A contract that has not been explicitly agreed to by the parties but that the law nevertheless considers to exist
Term
Informed consent
Definition
A clients agreement to accept a course of treatment or a procedure after receiving complete information, including the risks of treatment and facts relating to it, from the healthcare provider
Term
Injury
Definition
See harm
Term
Inquest
Definition
A legal inquiry into the cause or manner of a death
Term
Interstate compact
Definition
An agreement between two or more states
Term
Invasion of privacy
Definition
A direct wrong with a personal nature, injures the feelings of the person and does not take into account the effect of revealed information understanding of the person in the community
Term
Law
Definition
A rule made by humans that regulates social conduct in a formally prescribed and binding manner
Term
Liability
Definition
The quality or state of being legally responsible for one's obligations and action and to make financial restitution for wrongful acts
Term
Libel
Definition
Defamation by means of print, writing, or pictures
Term
License
Definition
A legal permit granted to individuals to engage in the practice of a profession and to use a particular title
Term
Litigation
Definition
The action of a lawsuit
Term
Living will
Definition
A document that states medical treatments the client chooses to omit or refuse in the event that the client is unable to make these decisions
Term
Malpractice
Definition
The negligent acts of persons engaged in professions or occupations in which highly technical or professional skills are employed
Term
Mandated reporters
Definition
A role of the nurse in which he or she identifies and assesses causes of violence against others, and in every case the situation must be reported to the proper authorities
Term
Manslaughter
Definition
Second-degree murder
Term
Medical examiner
Definition
A physician who usually has advanced education in pathology or forensic medicine who determines causes of death
Term
Misdemeanor
Definition
A legal offense usually punishable by a fine or a short-term jail sentence, or both
Term
Mutual recognition model
Definition
A regulatory model developed by the national Council of State boards of nursing (NCS BN), which allows for multistate licensure
Term
Negligence
Definition
Failure to behave in a reasonable and prudent manner; an unintentional tort
Term
Plaintiff
Definition
A person claiming infringement of legal rights by one or more persons
Term
Postmortem examination
Definition
See autopsy
Term
Private law
Definition
The body of law that deals with relationships between private individuals; also called civil law
Term
Public law
Definition
Refers to the body of law that deals with relationships between individuals and the government and governmental agencies
Term
Res ipsa loquitur
Definition
"The thing that speaks for itself "; a legal doctrine that relates to negligence in which the harm cannot be traced to a specific healthcare provider or standard but does not normally occur unless there has been a negligent act
Term
Respondeat superior
Definition
A legal term meaning "let the master answer "; the employer assumes responsibility for the conduct of the employee and can also be held responsible for malpractice by the employee
Term
Responsibility
Definition
The specific accountability or liability associated with the performance of duties of a particular role
Term
Right
Definition
(Legal) a privilege or fundamental power twitching individual is entitled unless it is revoked by law or given up voluntarily
Term
Slander
Definition
Defamation by the spoken word, stating unprivileged (not legally protected) or false words by which a reputation is damaged
Term
Standards of care
Definition
The skills and learning commonly possessed by members of a profession
Term
Statutory laws
Definition
A law enacted by any legislative body
Term
Strike
Definition
And organize work stoppage of a group of employees to express a grievance, enforce a demand for change in condition of employment, or solve a dispute with management
Term
Tort
Definition
A civil wrong committed against a person or persons property
Term
Tort law
Definition
Law that defines and enforces duties and rights among private individuals that are not based on contractual agreements
Term
Trial
Definition
The period During which all relevant facts are presented to a jury or judge
Term
Unprofessional conduct
Definition
One of the grounds for action against the nurses license; includes incompetence or gross negligence, conviction of practicing without a license, falsification of client records, and illegally obtaining, using, or possessing controlled substances
Term
Verdict
Definition
The outcome made by a jury
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