Legal issues in Nsg and workplace advocacy
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accountability | show | (blank)
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show | 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.
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adverse event | An injury caused by medical management rather than the patient's underlying condition. | show 🗑
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case law | show | Also know as judge-made law and common law.
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show | 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.
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common law | Law that is created through the decision of judges as opposed to laws encated by legislative bodies | show 🗑
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comparative negligence | show | The extent of liability depends on the defendant's relative contribution to the patient's injury.
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show | 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
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damages | show | Misconduct could be intentionally or unintentionally.
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defendant | show | the person who the plaintiff claims committed a negligent act or malpractice.
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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. | show 🗑
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error | a failure of a planned action to be completed as intended, or the use of a wrong plan to achieve a specific aim. | show 🗑
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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. | show 🗑
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liability | show | Compensation for harm normally is paid in monetary damages.
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licensing laws | show | Persons and institutions may be required to obtain a license to provide particular health care services.
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Malpractice | show | The professional's misconduct is unintentional.
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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. | show 🗑
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Plantiff | The person complaining is a lawsuit | show 🗑
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Standard of care | show | Commonly defines as the knowledge and skill that an ordinary, reasonably prudent person would possess and exercise in the same or similar circumstances.
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Statute or statutory law | LAW ENACTED BY LEGISLATIVE BODY; SEPARATE FROM JUDGE MADE OR COMMON LAW. | show 🗑
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What is EMTALA? | show | Prohibit the refusal of care for indigent and uninsured patients seeking medical assistance in the emergency department
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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. | show 🗑
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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. | show 🗑
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HIPPA of 1996 | ensure pt. confidentiality | show 🗑
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