Exam 4 Flashcards
What is the definition of law?
Standard or rule of conduct established & enforced by government (Designed to protect the rights of the public)
What is litigation?
The process of taking legal action (start)
What is the plaintiff?
The person who brings a case against another in a court of law. The one who was wronged.
What is the defendant?
The individual, company, or institution being accused or sued in a court of law. Presumed innocent until proven guilty
What is the definition of public law?
Regulates relationships bt. Individuals & government
What is the definition of private law?
Regulates relationships among people
What is the definition of criminal law?
Defines criminal actions (e.g. murder, theft)
What is the definition of constitution law?
Fundamental principles or established precedents according to which a state or other organization is governed. (Highest level of law)
What is the definition of statutory law?
Law enacted by a legislative body. (traffic regulation)
What is the definition of administrative law?
Body of law that regulates the operations and procedures of government agencies.
What is the definition of common law?
Law developed through court decisions rather than through statutes. (Ruling made be a judge)
What are the nurse practice acts?
What we can and can’t do
What are nursing standards?
How we do tasks
What are nursing credentialing?
How we become licensed, how we are recognized as a nurse
What are some reasons for suspending or revoking a license?
Drug or alcohol (10-20%), Fraud (misrepresenting self), Deceptive practice, Criminal acts, Previous disciplinary actions, Gross or ordinary negligence, & Physical or mental impairments, including age
What are the steps in revoking a license?
Notice of investigation, Fair & impartial hearing, & Proper decision based on substantial evidence
What are a nurse’s best defenses of license investigation (3)?
Early legal counseling, Character & expert witnesses, & Through preparation for all proceedings
What is a misdemeanor?
A less serious crime, typically punishable by a fine or a short jail term (<1 year)
What is a felony?
A more serious crime, usually punishable by imprisonment for more than one year
What is tort?
A wrong committed by a person against another person or that person’s property; tried in civil court (malpractice)
What is a crime?
Wrong against a person or the person’s property as well as the public
What are examples of intentional torts?
Assault (verbal) & battery (touch), Defamation of character (false info. About someone made publicly), Invasion of privacy, False imprisonment (restraint), & Fraud
What are examples of unintentional torts?
Negligence & Malpractice
6 HIPAA-Ensured pt. rights
See & Copy records, Update (biographical info), Request correction of any mistake, Get Disclosure List, Request Restriction, & Choose How to Receive Info