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Module 1 Kozier
Legal Aspects of Nursing
Question | Answer |
---|---|
License | legal permit that a government agency grants to individuals to engage in the practice of a profession and to use a particular title. Nursing licensure is mandatory in all states |
Implied Contract | one that has not been explicitly agreed to by the parties but that the law nevertheless considers to exsists. |
Liability | the quality or state of being leaggly responsible for ones obligations and actions and to make financial restitution for wrongful acts |
Contractual obligations | refer to the nurse's duty of care, that is, duty to redner care, established byt the presence of an expressed or implied contract |
right | a privilege or fundamental power to which an individual is entitled unless it is revoked by law or given up voluntarily |
responsiblity | the obligation associated with a right |
informed consent | an agreement by a client to accept a course of treatement or procedure after being provided complete information, including risk & benefits of treatment and of refusing treatment |
express consent | an oral or written agreement |
implied consent | when the individual's nonverbal behavior indicates agreement; ie when a patient cooperate with vitals or in the case of medical emergency when they can not provide consent |
Three groups that can NOT provide consent | Minors, unconscious or injured in such a way that they are unable, mentally ill who have been judged by professionals as incompetent |
delegation | the transfer of responsibility for the performance of an activity from one person to another while retaining accountablilty for the outcome |
Advance health care directives | include a variety of legal and lay documents that allow person persons to specify aspects of care they wish to recieve should they become unable to make or communicate their preferences. Two types are living wills and health care proxy |
living will | provides specific instructions about what medical treatment the client chooses to omit or refuse in the event that the client is unable to make those decisions |
health care proxy (power of attorney) | is a notarized or witnessed statement appointing someone else to manage health care treatement decisions when the client is unable to do so. |
tort | a civil wrong committed against a person or person's property. Torts are usually litigated in civil court; they may be classified as intentional or unintentional |
Negligence | misconduct or practice that is below the standard expected of an ordinary, resonable and prudent person |
Malpractice | "professional negligence" that is negligence that occurred while the person was performing as professional |
6 elements of nursing malpractice | Duty, Breach of Duty, Foreseeability, Causation, Harm or Injury, Damages |
Four intentional torts related to Nursing | assault/battery, false imprisionment, invasion of privacy and defamation |