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statutory laws
laws enacted by federal,state, or local legislatures
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nurse practice act
statute that legally defines the unique role og the nurse and differentiates it from that of other health care practitioners
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administrative laws
legal provisions through which federal, state, and local agencies maintain self-regulation
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board of nursing
regulatory agency for managing the provisions of a state's nurse practice act
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common law
decisions based on prior similar cases
(stare decisis) let the decision stand
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assault
an act in which bodily harm is threatened or attempted. Can be physical intimidation, remarks, or gestures.
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battery
- unauthorized physical contact
- (can include touching a person's body, clothing, chair, or bed)
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false imprisonment
interference with a person's freedom to move about at will without legal authority to do so
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restraints
devices or CHEMICALS that restrict movement
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invasion of privacy
- failure to leave people and their property alone
- this includes taking pictures w/o consent
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defamation
an act in which untrue information harms a person's reputation
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slander
character attack uttered orally in the presence of others
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libel
damaging statements written and read by others
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unintentional torts
unintentional injuries caused by a person
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negligence
- harm that results because a person did not act REASONABLY.
- (Reasonableness is based on the jury's opinion of what constitutes good common sense.)
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malpractice
professional negligence---best method to avoid this charge is competent nursing and applying "the Golden Rule".
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liability insurance
a contract between a person or corporation and a company willing to provide legal services and financial assistance when the policy holder is involved in a malpractice lawsuit.
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good samaritan law
- provides legal immunity to passerby who provide emergency first aid to accident victims.
- note: medical personell are still held to a higher standard
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statute of limitations
designated time frame within which a person can file a lawsuit
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assumption of risk
If a client is forewarned of a potentiakl safety hazard and chooses to ignore the warning, the court may hold the client responsible.
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documentation
The medical record is a legal document. Nurses are held responsible or liable for information that they either include or exclude in reports and charting.
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risk management
process of identifying and reducing the costs of anticipated losses. The primary tool for this is the incident report.
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incident report
a written account of an unusual, potentially injurious event involving a client, employee, or visitor
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what is included in the incident report?
5 items
- 1. when the incident occured
- 2. where it happened
- 3. who was involved
- 4. what happened
- 5. what actions were taken
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anecdotal record
personal, handwritten account of an incident
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ethics
moral or philosophical priciples that direct actions as either right or wrong.
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code of ethics
a list of written statements that describe ideal behavior
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ethical dilemma
a choice between two undesirable alternatives
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teleology
- an ethical theory based on final outcomes.
- basically, "the end justifies the means"
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deontology
- ethical study based on duty or moral obligations.
- basically, "decisions must be based on the morality of the act itself"
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beneficence
- doing good or acting for another's benefit
- ie...proventing or removing any potentially harmful factor
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nonmaleficence
means doing no harm or avoiding an action that deliberately harms a person
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autonomy
refers to a competent person's right to make his or her own choices without intimidation or influence
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veracity
means the duty to be honest and avoid deceiving or misleading a client
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fidelity
being faithful to work-related commitments and obligations
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justice
treating clients impartially without descrimination
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truth telling
all clients have the right to complete and accurate information
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confidentiality
safeguarding a person's health information from public disclosure
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advance directives
written statement indentifying a competent person's wishes concerning terminal care
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living will
an written instructive form of an advance directive
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durable power of attorney fo health care
designates a proxy for medical decisions when the client becomes so incompetent or incapacitated that he or she can't make decisions independently
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code status
how health care personel are required to manage care in case of cardiac or respiratory arrest
ie...DNR
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