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laws evolving from court decisions |
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refers to the body of law that deals with relationships between individuals and the government and governmental agencies. |
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deals with actions against the safety and welfare of the public. Examples:homicide,manslaughter, and theft. |
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is the body of law that deals with relationships among private individuals. |
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involves the enforcement of agreements among private individuals or the payment of compensation for failure to fulfill agreements. |
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defines and enforces duties and rights among private individuals that are not based on contractual agreements. |
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Standards of Care(Internal) |
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job descriptions,education,expertise, institutional policies and procedures. |
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Standards of Care (External) |
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Nurse practice acts,professional organizations,nursing specialty-practice organization,federal organization and federal guidelines. |
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is one that has not been explicitly agreed to by the parties but that law nevertheless considers to exist. |
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is an agreement by a client to accept a course of treatment or a procedure after being provided complete information, including benefits,risks of treatment and prognosis. |
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may take the form of either an oral or written agreement. |
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exists when the individual's nonverbal behavior indicates agreement |
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Informed consent requirements |
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consent must be given voluntary,capacity and competence to understand,enough information to be ultimate decision maker. |
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right task,circumstances,person,direction, communication,supervision,and evalution |
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is a civil wrong committed against person or person's property. |
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is misconduct or practice that is below the standard expected of an ordinary, reasonable,and prudent person |
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is professional negligence that is, negligence that occurred while the person was performing as a professional. |
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failure to follow standards of care,use equipment in responsible manner, communicate,document,assess and monitor,client advocate. |
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attempt or threat to touch unjustifiably |
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willful touching that may or may not cause harm. |
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defamation by spoken word |
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defamation by means of print, writing, pr pictures. |
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Legal protections of nurses |
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nurse practice acts and good Samaritan act |
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