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NURS 201 - Chapter 7

Legal Dimensions of Nursing Practice

QuestionAnswer
Law Standard or rule of conduct established and enforced by government
Public Law Government is directly involved
Private Law Civil law ; regulates relationships among people
Criminal Law Concerns state and federal criminal statutes
Four Sources of Law -Constitution (guides to legislative bodies) -Statutory law (enacted by legislative body; Nurse Practice Acts) -Administrative law (empowered by executives; Board of Nursing) -Common law (judiciary system reconciles controversies; malpractice)
Litigation Process of bringing and trying lawsuit
Plaintiff Person bringing the claim
Defendant Person who the claim is being brought against
What is the most important law affecting your nursing practice? Nurse Practice Acts
Accreditation The process by which an educational program is evaluated and recognized as having met certain standards
Licensure The process by which a state determines that a candidate meets certain minimum requirements to practice in the profession and grants a license to do so
Certification The process by which a person who has met certain criteria established by a nongovernmental association is granted recognition in a specified practice area
Credentialing Ways in which professional competence is ensured and maintained
Crime vs. Tort -Crime: wrong AGAINST a person or the person's property as well as the public -Tort: a wrong committed BY a person that is against another person or that person's property
Examples of Crimes -Misdemeanor -Felony
Examples of Torts -Intentional (charged with assault) -Unintentional (negligence=not using Standards of Practice to help someone who is at fall risk ; malpractice=the term to describe the action of negligence)
Assault Saying you are going to do something ; the THREAT
Battery Actually doing what you said you would; the ACTION
False Imprisonment -Voluntarily: cannot be held to stay in a care facility -Involuntarily: mentally ill person who will cause harm to themselves and others
HIPPA Rights (Patient Rights) -To see and copy their health record -Update their health record -Request correction if any mistakes -Get a list of disclosures -Request restriction on certain uses or disclosures -Choice of how to receive health information
Negligence Not using Standards of Practice ; failing to perform care for a client
Malpractice The term to describe the action of negligence ; failing to perform (or performing) an act that causes harm to a client
Created by: kmeans34
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