Nursing law key terms ch 12

mandkcole's version from 2015-04-13 18:26

Section 1

Question Answer
accountabilityobligation to answer for personal actions
advance directiveswritten documents to state personal wishes regarding future health care
assaultan unjustified attempt or threat to touch someone
authorized consentparents cannot give informed consent for medical care of a child but can give authorized consent instead
basic patient situationpatient's clinical condition is predictable. Medical and nursing orders are not changing continuously. No complex modifications of nursing care is needed.
batterycausing acute physical harm to someone
border recognition agreementagreement among selct states to permit licensed nurses to practice in their states without additional criteria
breach of dutyone of the elements needed to prove negligence. Means that the nurse did not adhere to standards of care.
civil actionprotects individual rights and results in payment of money to the injured person
common lawjudge-made law, which has its origins in the courts
complex nursing situationpatient's clinical condition is not predictable. Medical and nursin orders are likely to involve continuous changes or complex modifications
confidentialityrefers to the nondisclosure of information regarding patients
criminal actioninvolves persons and society as a whole, for example, murder
damagesone of four elements needed to prove negligence. Patient must be able to show the nurse's negligent act injured the patient in some way
defamationdamage to someone's reputation through false communication or communication without permission
delegated medical actPhysician's orders given to an RN, LPN/LVN by a physician, dentist, or podiatrist
depositionsgathering information under oath. One of the steps in bringing legal action.
direct supervisionsupervisor is continuously present to coordinate, direct, or inspect nursing care. Supervisor is in building
do not resuscitate (DNR)order written by physician. Patient will not recover. patient may have signed an advance directive regarding end of life care that states personal wishes
durable medical power of attorneyidentifies who will make decisions regarding future care, extent of treatment, and kinds of treatment if the persona is unable to make his or her own decisions. Written while the person is mentally competent.

Section 2

Question Answer
dutyone of four elements needed to prove negligence. Refers to nurse's responsibility to provide care in an acceptable way. As used in the text, responsibilities directly related to nursing licensure and scope of practice. Usually not delegated to someone with less education and nursing skill
end of life principles (EOL)support core principles for end of life care
euthanasiaphysician or other person administering lethal dose of medication to end life; illegal in the United States and Canada
felonyserious offense, with a penalty that ranges from 1 year in prison to death
general (implied) consentby entering a health facility voluntarily, a patient gives permission for treatment with noninvasive procedures. However, a patient may revoke this consent verbally and refuse to be treated
general supervisionsupervisor regularly coordinates, directs, or inspects nursing care and is within reach either in the building or by phone
Good Samaritan Actstipulates that a person who provides emergency care at the scene of an accident is immune from civil liability for actions done in good faith. There is some variation of the law within states.
Health Insurance Portability and Accountability Act (HIPAA)federal law commonly called the Privacy Act
informed consentobtained by physician for invasive procedures after physician has provided patient with facts about effects, side effects, alternative treatments, prognosis, and so on. May be revoked verbally at any time up to time of procedure
institutional liabilityform of vicarious liability. Health setting sued for negligence of employee
intentional tortintent to do a wrongul act
interstate endorsementagreement among states that licensed nurses do not have to repeat the NCLEX-PN examination if they meet criteria for working in the state
lawnursing law is based on each state's Nurse Practice Act
liabilitylegal responsibility of a person to account for wrongful acts by making financial restitutution
libeldamage to someone's reputation through written communication or pictures
living willwritten directive stating personal wishes regarding future health care. Not recognized as a legal document in every state or other countries
malpractice (professional negligence)a part of negligence that relates to lack of skill or misconduct by professional persons
misdemeanorleast serious infraction of the law. Can result in a fine or up to 1 year in jail
multistate licensure (Nurse Licensure Compact)legislation in some states that renders a nursing license obtained in that state valid for practice in other states with multistate legislation. Each state's individual regulations must still be followed
negligenceconduct that falls below the standard of care established by law for the protection of others

Section 3

Question Answer
Nurse Practice Actgoverns the practice of nursing
nursing standard of careguideline for good nursing care. Standards are based on what an ordinary , prudent nurse with similar education and nursing experience would do in a similar situation
Oregon Death With Dignity Actallows terminally ill Oregonians to end their lives through voluntary self-administration of lethal medication
patient competencyrelates to ability to understand and make decisions. Has both legal and clinical meaning
Patient Self-Determination Act (PSDA)basis for advanced directives. Federal law mandates that Medicare and Medicaid patients must be told of their right to formulate advance directives
personal liabilityholds person (nurse) responsible for own actions
physician-assisted suicide (PAS)physician writes prescription for medication to end life but does not administer it. patient self-administers lethal medication
preponderanceevidence that is byond a reasonable doubt
proximate causeone of foure elements needed to prove negligence. Refers to reasonable cause and effect relationship between omission and commission of nursing act and harm to patient
slanderdamage to someone's reputation by verbalizing untrue or confidential information
statutory lawlaw developed by the legislative branch of state and federal governments
The Joint Commissionsets the standards of care for hospitals and long term care agencies. Agencies receive accreditation if they elect to be reviewed and meet standards
The Patient Care Partership: Understanding Expectations, Right, and Responsibilitiespreviously called the patient's bill of rights
unintentional tortnurse did not intend to injure patient. Negligence and malpractice are examples
vicarious liabilityresponsible for actions of another because of a special relationship with the other person
Five rightsright task
Five rightsright circumstance
Five rightsright person
Five rightsright directions
Five rightsright supervision

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