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68wm6 p2 Pra Nur Law
Practical Nurse and the Law
Question | Answer |
---|---|
What year was the patient bill of rights 'adopted' by the American Hospital Association? | 1972 |
How long can 'harmless' psych patients be held against their will? | 2 - 3 days |
What conditions must exist in order for a psych patient to be held against their will for more than 3 days? | *Condition over 30 days *Danger to self or others *Gravely disabled |
What falls under criminal law? | *Issue is offensive to society *Conduct is detrimental to society *To punish or deter crimes against society *Involves public offenses such as murder, robbery, and assault |
What falls under civil law? | *Conduct that violates a person's rights *Conduct is detrimental to that individual *Involves an offense that is against an individual *The purpose of civil law is to make the person whole again |
What are the sources of laws? | Statuatory and civil/common law |
What is statuatory law? | *Federal government *State government *Local government |
What is common or civil law? | *Based on customs and precedent *Civil rights violation *Contract law *Law of TORTS legal wrong NOT included under contract laws |
What are TORTS? | *Negligence *False imprisonment *Confidentiality *Defamation of character *Consent *Assault and battery *Fraud |
What is administrative law? | *A third type of law that come from agencies created by the legislature *OSHA (federal) *FDA (federal) *Texas Board of Nursing (state) *Motor Vehicle Department (local) |
What is malpractice? | *Practice leading to poor care and patient harm. All persons involved in patient care are now held responsible |
What is negligence? | Failing to perform some act that a reasonably prudent person would perform with the same educational and experience level |
What must exist to prove negligence? | *Standard of care existed *Failure to meet standard *Knowledge that harm may result *Harm did occur |
What is defamation of character? | Any false or malicious statement that may harm the character or reputation of another (slaner, libel) |
What is slander? | Oral statements that are untrue or injurious to another’s reputation |
What is libel? | Written or printed statements that are untrue or injurious to another’s reputation |