5.1 Legal Aspects of Nursing Flashcards
1
Q
Litigation
A
- The process of bringing a lawyer and trying a lawsuit
2
Q
Plaintiff
A
- The person who is brining up the lawsuit (accuser)
3
Q
Defendant
A
- The person being accused for the wrongdoing
4
Q
Negligence
A
- Doing something or failing to do something that a reasonable nurse would or would not do in the same situation.
- Failure to meet acceptable standards of nursing competence and nursing scope of practice
5
Q
Malpractice
A
- Nurse does not competently preform their duties and their error harms the patient.
6
Q
Public Law
A
- Government is directly involved in legal proceedings.
- Regulates relationships between individuals and the government
7
Q
Private Law (Civil Law)
A
- Regulate law between 2 people
- This includes malpractice and negligence
8
Q
Criminal Law
A
- Concerns state and federal criminal statues
9
Q
Statutory Law
A
- Created by state legislator and congress
10
Q
Common Law
A
- Created by judicial decisions in court
11
Q
Regulatory Law
A
- Created by state board of nursing
12
Q
Advanced Directives
A
- Living wills and power of attorney
- Includes DNR and right to refuse treatment
13
Q
Public Laws
A
- Reporting of suspected neglect/abuse and communicable diseases
14
Q
Determination of Death Law
A
- Specifies who can determine the death of the patient
15
Q
General Consent
A
- Given when entering the hospital and gives consent for vitals, assessments and following physician’s orders.
