Shared Flashcard Set

Details

Legal
differences between misdemeanor, tort, felony, crime
25
Nursing
Professional
10/13/2012

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Cards

Term
results in prison term, fine, or short jail sentence to punish offender
Definition
crime
Term
premeditated killing
Definition
felony
Term
impulsive or unintentional killing
Definition
felony
Term
rape
Definition
felony
Term
arson
Definition
felony
Term
an offense punishable by imprisonment of less than 1 year or a fine of less than $1000. Does not amount to a felony
Definition
misemeanor
Term
results in civil trial to assess compensation for plantiff
Definition
tort
Term
assault and battery
Definition
intentional tort
Term
defamation of character
Definition
intentional tort
Term
fraud
Definition
intentional tort
Term
invasion of privacy
Definition
intentional tort
Term
false imprisonment
Definition
intentional tort
Term
an act of omission (not doing something that a reasonably prudent person would do) or omission (doing something that a reasonably prudent person would not do
Definition
negligence
Term
negligence on theprofessional's part. Intent to harm is not an element.
Definition
malpractice
Term
how do you prove malpractice?
Definition
a lawyer must prove that a deviation from the standard of care occurred that resulted in damage to a patient.
Term
Name the 4 elements used to prove malpractice
Definition
duty
breach of duty
proximate cause
Damages
Term
negligence
Definition
unintentional tort
Term
malpractice
Definition
unintentional tort
Term
failure to act appropriately in treating a patient
Definition
malpractice
Term
error in sponge counts
Definition
malpractice
Term
causing a burn
Definition
malpractice
Term
failure to use aseptic technique
Definition
malpractice
Term
falls
Definition
malpractice
Term
medical errors
Definition
malpractice
Term
misadministration of blood
Definition
malpractice
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