Module 4

  1. Why is it important for nurses to know the basics of legal concepts?
    Nurses are accountable for their professional judgments and actions.
  2. What is accountability, and what are two reasons it is needed in nursing?
    • Accountability is an essential concept of professional nursing practice and the law. Knowledge of laws that regulate and affect nrsing practice is needed for two reasons:
    • 1. To ensure that the nurse's decisions and actions are consistent with current legal principles.
    • 2. To protect the nurse from liability
  3. ______ can be defined as "the sum total of rules regulations by which a society is governed.
  4. Laws evolving from court decisions are referred to as _____ _____.
    common law
  5. _____ is misconduct or practice that is below the standard expected of an ordinary, reasonable, and prudent person
  6. ______ ______ refers to the body of law that deals with relationships between individuals and the government and governmental agencies.
    Public Law
  7. What is the action of a lawsuit?
  8. The National Council of State Boards of Nursing developed a regulatory model named the mutual recognition, what does it allow?
    Allows for multistate licensure
  9. What is Implied Contract?
    It is one that has not been explicitly agreed to by the parties but that the law nevertheless considers to exist.
  10. ______ is the quality or state of being legally responsible for one's obligations and actions and to make financial restitution for wrongful acts.
  11. What is the meaning of Informed consent?
    It is an agreement by a client to accept a course of tratment or a procedure after being provided complete information, including the benefits and risks of treatment, alternatives to the treatment, and prognosis if not treated by a health care provider.
  12. _____ _____ may be either a oral or written agreement.
    Express consent
  13. What is Implied consent?
    It exists when the individual's nonverbal behavior indicates agreement. For example, clients who position their bodies for an injection.
  14. The three major elements of informed consent:
    • 1. The consent must be given voluntarily.
    • 2. The consent must be given by a client or individual with the capacity and competence to understand.
    • 3. The client or individual must be given enough information to be the ultimate dicision maker.
  15. The three goups of people cannot proide consent:
    • 1. Minors
    • 2. Persons who are unconscious or injured
    • 3. Mentally ill persons who have been judged by professionals to be incompetent.
  16. The Nurses Role when obtaining a signed consent form?
    • The client gave consent voluntarily
    • The signature is authentic
    • The client appears competent to give consent
    • Also, the nurse is not responsible for explaining the precedure but for witnessing the client's signature on the form.
  17. A _____ is an act committed in violation of public law and punishable by a fine or imprisonment.
    • Crime
    • Crimes are clissified as either felonies of misdemeanors. felony is a crime of a serious nature, like murder. Misdemeanoris an offense of a less serious nature is usually punshable by a fine or short trm jail sentence.
  18. What is Negligence?
    Negligence is misconduct or pratice that is below the standard expected of an ordinary, reasonable, and prudent person.
  19. Malpractice is "professional negligence." What are the six elements must be present for a case of nursing malpractice to be proven?
    • Duty- The nurse must have a relationship with the client that involves providing care and following an acceptable standard of care.
    • Breach of Duty- There must be a standard of care that is expected in the specific situation but that the nurse did not observe
    • Foreseeability- A link must exist between the nurse's act and the injury suffered.
    • Causation- It must be proved that the harm occurred as a diret result of the nurse's failure to follow the standard of care and the nurse could have known that failure to follow the standard of care could result in such harm.
    • Harm of injury- Client must demonstate some type of harm as a result of the breach of duty owed the client.
    • Damages- If malpractice caused the injury,the nurse is held liable for damages that may be compensated.
  20. What is the most common negligent actions that is likely to occur?
    Medication error
  21. Unintentional torts?
    It does not require intent but do require the element of harm.
  22. Intentional torts?
    The defendant executed the act on purpose or with intent.
  23. The four intentional torts related to nursing are:
    Assaul/ Battery, False Imprisonment, Invation of privacy, and Defamation.
  24. How do you describe Assault?
    An attemt or threat to touch another person unjustifiably.
  25. Describe Battery:
    Its the willful touching of a person that may or may not cause harm.
  26. ______ is communication that is false, or made with a careless disregard for the truth, and results in injury to the reputation of a person.
  27. Libel is defamation by means of what?
    Print, writing, or pictures
  28. Slander is defamation by means of what?
    Spoken words, stating unprivileged or false words by which a reputation is damaged.
Card Set
Module 4
Legal Aspects of Nursing (chapter 4)