Ch. 20 Legal Issues (Exam #4) Flashcards Preview

Leadership 4th Semester > Ch. 20 Legal Issues (Exam #4) > Flashcards

Flashcards in Ch. 20 Legal Issues (Exam #4) Deck (41)
Loading flashcards...
1

Statutory Law

Covers the the rules for our relationships with one another and can be viewed as the written ethics for our society. Nurse Practice Acts are examples of state statutory laws and administrative rules.

2

Defamation

Civil wrong in which an individual's reputation in the community, including the professional community, has been damaged.

3

Deposition

Out-of-court oral testimony given under oath before a court reporter. Purpose is to enable attorneys to ask questions and receive answers related to a case. Deposition process involves expert witnesses, fact witnesses, defendants, or plaintiffs.

4

Diversion Program

Program for treatment and rehab of substance abusers.

5

Expert Witness

Person who has specific knowledge, skills, and experience regarding a specific area and whose testimony will be allowed in court to prove the standard of care.

6

Good Samaritan Law

Law that provides civil immunity to professionals who stop and render care in an emergency. Care rendered cannot be done in a grossly negligent manner.

7

Interrogatory

Process of discovering the facts regarding a case through a set of written questions exchanged through the attorneys representing the parties involved in the case.

8

Jurisdiction

Court's authority to accept and decide cases. May be based on location or subject matter of the case.

9

Malpractice

Improper performance of professional duties; a failure to meet the standards of care, resulting in harm to another person.

10

Negligence

Failure to act as an ordinary prudent person when such failure results in harm to another.

11

Reasonable Care

level of care or skill that is customarily rendered by a competent health care worker of similar education and experience in providing services to an individual in the community or state in which the person is practicing.

12

Standard of Care

Set of guidelines based on various types of evidence as to what is reasonable and prudent behavior for a health care professional.

13

Statutes of Limitations

Laws that set time limits for when a case may be filed. These limitations differ from state to state.

14

Telemedicine

Using telecommunication technology, usually interactive, to provide medical information and services.

15

Torts

Civil (not criminal) wrongs committed by one person against another person or property. Includes the legal principle of assault and battery.

16

Whistleblower

Individual "on the inside" who reports incorrect or illegal activities to an agency with the authority to monitor or control those activities.

17

Whistleblower Statute

Law that protects a whistleblower from retaliation. Usually involves specific criteria about how whistle was blown.

18

Constitutional Law

Refers to the rights, privileges, and responsibilities that were stated in, or have been inferred from, the U.S. Constitution, including the Bill of Rights.

19

Administrative Law

Body of law is made by administrative agencies that have been granted the authority to pass rules and regulations and render opinions, which usually explain in more detail the state statutes on a particular subject. Examples are Rules and Regulations passed by boards of nursing to control nursing practice in each state.

20

Common Law

includes decisions made by judges in court cases or is established by rules of custom and tradition.

21

Case Law

composed of the decisions rendered in court cases by appeal courts.

22

Stare Decisis

If an issue has been decided, all other cases concerning the same issue should be decided the same way. Another word for this is Precedent.

23

Felonies

Serious crimes that can cause perpetrator to be imprisoned.

24

Misdemeanors

Less serious crimes resulting in fines.

25

Nurse Practice Act does the following:

License obtainment, License Renewal, Education Requirements for license, Scope of Practice for each level of nursing practice, Process of how nurses are selected, Describes circumstances of how a license can be revoked/suspended, Process of disciplinary actions, Outlines appeal steps for nursing disciplinary actions.

26

How to Protect your License

Don't let anyone borrow, no copying license (unless you write copy on the license), Report ASAP if lost, Check to make sure your good standing at Board of Nursing (in case of identity theft), Let BON know if you change address, Stay within Scope of Practice, Meet all renewal requirements on time.

27

Impaired Nurse

Unable to function effectively because of some type of substance abuse. American Nurses Assoc. estimates 6-8% of nurses abuse drugs.

28

NURSYS

Comprehensive electronic information system that includes the collection and warehousing of nurse licensing information and disciplinary actions.

29

What is the most common unintentional tort action brought against nurses?

Malpractice Claim

30

What are the Basic Elements of Malpractice?

There must be a professional Nurse-Patient relationship (Duty), You must have fallen below standard of care for a nurse (Breached Duty), Your breach of duty must have been a foreseeable cause of the injury, damages or injury must have occurred.