LEGAL ASPECT OF DISASTER NURSING

Question 1

the division of the legal
system that deals with wrongs against
society or its members.

Answer 1

Criminal law

Question 2

the act or process of carrying
on a lawsuit

Answer 2

Litigation

Question 3

the division of the legal system
that deals with non-criminal issues and
conflicts between two parties.
e.g. contracts, domestic relations and
torts.

Answer 3

Civil law

Question 4

a branch of civil law
concerning civil wrongs between two
parties.
e.g malpractice suit.

Answer 4

Tort law

Question 5

is the
granting of privileges by a physician to a
a non-physician to perform

Answer 5

“delegation of authority”

Question 6

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.

Answer 6

Good samaritan law

Question 7

4 Key Elements of
- A person is immune from liability for
assisting at the scene of of a medical
emergency if he or she:

Answer 7

1. Acts in good faith
2. Is not negligent
3. Acts within the scope of his or her
   training
4. Does not accept payment for his
   or her services.

Question 8

is a deviation from an
accepted standard of care. It is
synonymous with malpractice in the
context of medical care.

Answer 8

Negligence

Question 9

A Latin phrase
meaning “ the thing speaks for
itself,” used in negligence
proceedings.

Answer 9

Res ipsa loquitor

Question 10

the granting of permission
to treat, by a patient to a health care
provider.

Answer 10

Consent/informed consent

Question 11

the termination of
a health care provider-patient
relationship, without assurance that
an equal or greater level of care will
continue.

Answer 11

Abandonment

Question 12

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.

Answer 12

Refusal of service

Question 13

an action that places a person
in immediate fear of bodily harm

Answer 13

Assault

Question 14

the unlawful touching of a
person without his or her consent.

Answer 14

Battery

Question 15

defined as
intentional and unjustifiable detention.
• It is a particular problem with
psychiatric patient.

Answer 15

False imprisonment

Question 16

the act of injuring a person’s
character, name, or reputation by false
or malicious writings.

Answer 16

Libel

Question 17

the act of injuring a person’s
character, name, or reputation by false
or malicious spoken words.

Answer 17

Slander

Question 18

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.

Answer 18

Living will

Question 19

similar to living
wills

Answer 19

Natural death acts