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Chapter 8 and 12

Legal issues in Nsg and workplace advocacy

questionanswerexamples
accountability Being responsible for one's actions; a sense of duty in performing nursing tasks and activities. (blank)
advance directives Written or verbal instructions created by the patient describing specific wishes about medical care in the event he or she becomes incapacitated or incompentent Living wills and durable powers of attorney.
adverse event An injury caused by medical management rather than the patient's underlying condition. An adverse event attributable to error is a preventable adverse event.
case law Body of written opinions created by judges in federal and state appellate cases Also know as judge-made law and common law.
civil law A category of law (tort law) that deals with conduct considered unacceptable. Based on societal expectations regarding interpersonal conduct. Common causes of civil litigation include professional malpractice, negligence, and assault and battery.
common law Law that is created through the decision of judges as opposed to laws encated by legislative bodies Laws not made by Congress.
comparative negligence A type of liability in which damages may be aportioned among two or more defendants in a malpractice case. The extent of liability depends on the defendant's relative contribution to the patient's injury.
criminal negligence Negligence that indicates "reckless and wanton" disregard for the safety, well-being, or life of an individual Behavior that demonstrates a complete disregard for another, such that death is likely
damages Monetary compensation the court orders paid to a person who has sustained a loss or injury to his or her person or property through the misconduct of another Misconduct could be intentionally or unintentionally.
defendant The individual who is named in a person's complaint as responsible for an injury the person who the plaintiff claims committed a negligent act or malpractice.
durable power of attorney for health care An instrument that authorizes another person to act as one's agent in decisions regarding health care if the person becomes incompetent to make his or her own decisions.
error a failure of a planned action to be completed as intended, or the use of a wrong plan to achieve a specific aim.
immunity Legal doctrine by which a person is protected from lawsuit for negligent acts or an institution is protected from a suit for the negligent acts of its employees.
liability Being legally responsible for harm caused to another person or property as a results of one's action Compensation for harm normally is paid in monetary damages.
licensing laws Laws that establish the qualifications for obtaining and maintaining a license to perform particular services. Persons and institutions may be required to obtain a license to provide particular health care services.
Malpractice Failure of a professional to meet the standard of conduct that a responsible and prudent member of his/her profession would exercise in similar circumstances that results in harm. The professional's misconduct is unintentional.
Negligence Failure to act in a manner that an ordinary, purdent person (either lay person or professional) would act in a similar circumstance, resulting in harm. The failure to act responsible and prudent manner is unintentional.
Plantiff The person complaining is a lawsuit The person who claims he/she was injured by the acts of another.
Standard of care In civil cases the legal criteria against which nurse's and physician's conduct is compared to determine whether a negligent act or malpractice occured Commonly defines as the knowledge and skill that an ordinary, reasonably prudent person would possess and exercise in the same or similar circumstances.
Statute or statutory law LAW ENACTED BY LEGISLATIVE BODY; SEPARATE FROM JUDGE MADE OR COMMON LAW. WRITTEN BY CONGRESS OR STATE LEGISLATURES. VIOLATION OF LAW IS A CRIMINAL OFFENSE. A NURSE IS SUBJECT TO PENALTIES, INCLUDING FINES, SUSPENSION, OR REVOCATION OF LICENSE, OR IMPRISONMENT
What is EMTALA? Emergency Medical Treatment and Active Labor Act Prohibit the refusal of care for indigent and uninsured patients seeking medical assistance in the emergency department
Americans with disabilities act of 1990 to end discrimination against qualified persons with disabilities by removing barriers that prevent them for enjoying the same opportunities as people with no disabilities. as patients advocates, the nurse must provide patient education, by meeting disable clients needs and equipment to facilitate communication.
Patient self determination act of 1990; Omnibus Budget Reconciliation Act of 1990 Medicare/Medicaid amendment intended to support individuals in expressing their preferences about medical treatment and making decisions about end of life care. must inform adult pt. in writing, their right to make tx choices. (includes DNR orders) ask pt. about "living will" or "poa"
HIPPA of 1996 ensure pt. confidentiality maintaining privacy of pt.'s health information.
Created by: Esimon
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