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Flashcards in Legal Terms Deck (18):
1

Liability

Legal responsibility that a NP has for actions that fail to meet the standard of care

Resulting in actual or potential harm to patient

2

Standards of care

Are used as a criteria to measure whether negligence has occurred

3

Negligence

Neglect to do what a reasonable person would do

Resulting in injury to the patient

4

Malpractice

Umbrella term

Failure to render services with the degree of care, diligence, and precaution that another member of the same profession under similar circumstances would render to prevent injury to someone else

5

Malpractice can involve (4)

1. Professional misconduct
2. Unreasonable lack of skill
3. Illegal/immoral conduct
4. Other allegations resulting in harm to a patient
5. Practicing medicine outside license

6

Malpractice insurance does not cover if:

an APN from charges of practicing medicine without a license if the APN is practicing outside the legal scope

7

Assault

"Fear"

An intentional act that creates apprehension of an imminent harmful or offensive contact

8

If a patient mentions chest pain, but thought it was pneumonia so no 12 lead EKG was done. Patient has MI, what type of legal issue is this?

Neglect

Standard of care - 12 lead EKG rule out

9

Prescribing scheduled 2 drugs to neighbor and you get "kickback" monetary gain. What type of legal issue is this?

Malpractice -

Illegal and immoral conduct

10

Battery

"Actually hitting"

An illegal, willful, angry, violent striking

11

Can you commit battery and/or assault on unconscious person?

One can commit battery but not assault

12

Defamation

A communication that causes someone to suffer

Libel
Slander

13

Libel

Distributing written defamation material

14

Slander

Spoken defamation

15

Involuntary Commitment

In most states - duty to commit
if in danger of harming himself or others

A NP is liable if patient id discharged while in danger of hurting himself or others

16

Use of restraints

Document reason
--subjective - "the patient was doing this"

Responsible for nurse documenting circulation checks

17

Can you keep someone in the hospital against their will?

Yes, if they are in danger of harming themselves or other

18

Good Samaritan Statutes

Protect from law suits if helping at the scene of an accident.

Stay within scope of practice