Term
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Definition
| protects the public by legally defining and describing the scope of nursing practice. |
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Term
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Definition
| the skills/learning common to the profession; used to evaluate the quality of care nurses provide; become guidelines for nursing practice. |
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Term
| What are the two type of standards of care? Describe them. |
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Definition
Internal standards of care- the nurse's job description, education, expertise,& institution policy/procedures.
external standards of care-
* Nurse practice acts
* Professional organizations
* nursing specialty practice organizations
* federal organizations & guidelines |
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Term
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Definition
| Any laws enacted by any legislative body. |
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Term
| What is administrative law? |
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Definition
| laws passed at the state legislature level that an administrative agency is given authority to create rules regulating. (state boards) |
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Term
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Definition
| Laws evolving from court decisions. |
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Term
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Definition
| deals with relationships between individuals and the government and governmental agencies. |
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Term
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Definition
| actions against the safety and welfare of the public. (homicide, manslaughter) |
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Term
| what is private law (civil law)? |
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Definition
| deals with relationships among private citizens. |
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Term
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Definition
| involves enforcement of agreements among private individuals |
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Term
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Definition
| defines and enforces duties/rights among private individuals that are not based on contractual agreements. |
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Term
| Within legal action, define civil actions. |
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Definition
| deal with the relationships among individuals in society |
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Term
| Within legal action, define criminal actions. |
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Definition
| deal with disputes between an individual and society as a whole. |
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Term
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Definition
| a specially trained individual (such as a nurse) who has expertise in their field; called upon by the court to offer an opinion on an issue within the field of expertise. |
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Term
| Why is nursing practice regulated? |
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Definition
| for protection of the public. this includes licensing requirements and standards of care. |
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Term
| define mutual recognition model |
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Definition
| allows for multistate licensure. (allows a nurse to practice across boarders of states within the licensure guidelines) |
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Term
| define interstate compact (Nurse Licensure Compact NLC) |
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Definition
| agreement between 2 or more states that recognize a nursing license |
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Term
| What are the 3 legal roles of a nurse? |
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Definition
1. provider of service
2. employee/contractor of service
3. citizen |
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Term
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Definition
| an agreement by a client to accept a treatment after being provided complete info. |
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Term
| What are the 2 types of informed consent? |
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Definition
1. Express consent- oral or written
2. Implied consent- non-verbal behavior indicates consent |
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Term
| The nurses signature on the consent form confirms 3 things. What are they? |
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Definition
1. the client gave consent voluntarily
2. the signature is authentic
3. the client appears competent to give consent. |
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Term
| Define the American with Disabilities Act (ADA) |
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Definition
| prohibits discrimination on the basis of disability in employment, public services, and public accommodations. |
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Term
| What are 4 examples of controlled substances? |
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Definition
1. narcotics
2. depressants
3. stimulants
4. hallucinogens |
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Term
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Definition
| a nurse's inability to perform essential job functions because of chemical dependency or mental illness. |
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Term
define advance health care directives.
there are 2 types, what are they called? |
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Definition
legal/lay document that allows person to specify aspects of care in the event they are unable to communicate their preference.
1. the living will
2. the health care proxy (surrogate) |
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Term
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Definition
| provides instructions on medical treatment the client chooses to omit or refuse. |
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Term
| What is a health care proxy (surrogate)? |
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Definition
| also called a durable power of attorney for health care, is notarized/witnessed statement appointing someone else to manage health care treatment decisions in the event the client is unable to. |
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Term
| What does DNR stand for? Define it. |
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Definition
| do not resuscitate. "no code"; for clients who are in a stage of terminal illness or expected death. |
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Term
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Definition
| a legal inquirey into the cause/manner of a death. |
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Term
| Name 2 unintentional torts |
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Definition
| negligence and malpractice |
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Term
| define the 2 types of negligence |
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Definition
1. negligence- misconduct or practice below the standard expected of an ordinary prudent person.
2. gross negligence- extreme lack of knowledge, skill, decision making. |
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Term
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Definition
| "professional negligence" |
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Term
| What 6 elements must be present to prove malpractice? |
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Definition
1. duty- nurse was on duty
2. breach of duty- breach standards of care.
3. forseeability- link between nurses act/injury suffured.
4. causation- injury occured as direct result of failure to follow standards.
5. harm/injury- physical/financial/emotional harm occured.
6. damage- malpractice proven=nurse liable financially. |
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Term
| how can malpractice be avoided? |
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Definition
| documentation; check and re-check medications; take client safety measures; don't ignore clients complaints; seek help when needed. |
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Term
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Definition
1. assault
2. battery
3. false imprisonment
4. invasion of privacy
5. defamation (libel/slander) |
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Term
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Definition
| an attempt or threat to touch another person unjustifiably. |
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Term
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Definition
| the willful touching of a person that may or may not cause harm. |
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Term
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Definition
| communication that is false, or made with a careless disregard for the truth, and results in injury to the reputation of a person. |
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Term
| What are the 2 types of defamation? define them. |
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Definition
1. Libel- by means of print, writing, or pictures.
2. Slander- by the spoken word. |
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Term
| Laws designed to protect health care providers who provide assistance at the scene of an emergency are called |
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Definition
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Term
| what are 4 important things to remember when carrying out a physician's orders? |
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Definition
1. question any order a client questions.
2. questions orders in a clients conditions changed
3. question and record verbal orders using "TORB" (telephone order read back).
4. question any order thats illegible, unclear, or incomplete. |
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