LEGAL ASPECT OF DISASTER NURSING Flashcards
(19 cards)
the division of the legal
system that deals with wrongs against
society or its members.
Criminal law
the act or process of carrying
on a lawsuit
Litigation
the division of the legal system
that deals with non-criminal issues and
conflicts between two parties.
e.g. contracts, domestic relations and
torts.
Civil law
a branch of civil law
concerning civil wrongs between two
parties.
e.g malpractice suit.
Tort law
is the
granting of privileges by a physician to a
a non-physician to perform
“delegation of authority”
laws only protect
those that have had basic first aid
training and are certified.
• In other jurisdictions, any rescuer is
protected from liability, granted the
responder acted rationally.
• If one is neither trained in first aid nor
certified, and performs first aid
incorrectly, one can still be held liable.
Good samaritan law
4 Key Elements of
- A person is immune from liability for
assisting at the scene of of a medical
emergency if he or she:
- Acts in good faith
- Is not negligent
- Acts within the scope of his or her
training - Does not accept payment for his
or her services.
is a deviation from an
accepted standard of care. It is
synonymous with malpractice in the
context of medical care.
Negligence
A Latin phrase
meaning “ the thing speaks for
itself,” used in negligence
proceedings.
Res ipsa loquitor
the granting of permission
to treat, by a patient to a health care
provider.
Consent/informed consent
the termination of
a health care provider-patient
relationship, without assurance that
an equal or greater level of care will
continue.
Abandonment
refusal of care by
a patient must be informed and properly
documented.
•In such cases, patients should be asked
to sign a “release from liability” or
“refusal of transport” form.
Refusal of service
an action that places a person
in immediate fear of bodily harm
Assault
the unlawful touching of a
person without his or her consent.
Battery
defined as
intentional and unjustifiable detention.
• It is a particular problem with
psychiatric patient.
False imprisonment
the act of injuring a person’s
character, name, or reputation by false
or malicious writings.
Libel
the act of injuring a person’s
character, name, or reputation by false
or malicious spoken words.
Slander
a written request to
withhold heroic life support measures
from a patient with a terminal condition.
A _______ is usually executed before a
person becomes ill or injured and is used
to express that person’s wishes.
Living will
similar to living
wills
Natural death acts
