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Taylor: Ch 7
Key Terms- Legal Implications of Nuring
Question | Answer |
---|---|
accreditation | process by which an educational program is evaluated and then recognized as having met certain predetermined standards of education |
assault | threat or an attempt to make bodily contact with another person without that person's permission |
battery | assault that is carried out |
certification | process by which a person who has met certain criteria established by a nongovernmental association is granted recognition |
common law | law resulting from court decisions that is then followed when other cases involving similar circumstances and facts arise; common law is as binding as civil law |
credentialing | general term that refers to ways in which professional competence is maintained |
crime | offense against people or property; the act is considered to be against the government, referred to in a lawsuit as “the people,” and the accused is prosecuted by the state |
defamation of character | an intentional tort in which one party makes derogatory remarks about another that diminishes the other party's reputation; slander is oral defamation of character; libel is written defamation of character |
defendant | the one being accused of a crime or tort |
expert witness | nurse who explains to the judge and jury what happened based on the patient's record and who offers an opinion as to whether the nursing care met acceptable standards of practice |
fact witness | nurse who has knowledge of the actual incident prompting a legal case; bases testimony on firsthand knowledge of the incident not on assumptions |
felony | (1) crime punishable by imprisonment in a state or federal penitentiary for more than 1 year; (2) crime of greater offense than a misdemeanor |
fraud | willful and purposeful misrepresentation that could cause, or has caused, loss or harm to people or property |
liability | legal responsibility for one's acts (and failure to act); includes responsibility for financial restitution of harms resulting from negligent acts |
licensure | to be given a license to practice nursing in a state or province after successfully meeting requirements |
litigation | process of lawsuit |
malpractice | act of negligence as applied to a professional person such as a physician, nurse, or dentist |
misdemeanor | crime of lesser offense than a felony and punishable by fines, imprisonment (usually for less than 1 year), or both |
negligence | performing an act that a reasonably prudent person under similar circumstances would not do, or failing to perform an act that a reasonably prudent person under similar circumstances would do |
plaintiff | person or government bringing a lawsuit against another |
sentinel event | an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof |
statutory law | law enacted by a legislative body |
tort | wrong committed by a person against another person or his property |