fundamentals 3rd test.txt

Criminal and civil law

• Complex set of rules and regulations that has developed in response to the needs of society
• Term?

• Prescribe proper behavior in society; they sanction acceptable behavior and prohibit unacceptable behavior
• Term?

• Purpose: Fundamental legal duties, and also provides protection for all members of the health care system
• Purpose of what?

1. federal state, and local governments develop statutory law; and 2. common law, or case law, involves in response to specific legal questions that come before the court and usually follows precedent

Previous rulings on an issue

• Lawsuit in a civil court
• Term?

• Complaining party
• Term?

• Plaintiff writes a statement
• Term?

• Person alleged to be liable
• Term?

• Legally responsible
• Term?

• Compensation that the plaintiff is seeking
• Term?

• Court order that notifies the defendant of legal action
• Term?

• It is a detailed response to the charges outlined in the complaint. Where defendant either admits or denies any or all of the allegations made in the complaint
• Term?

• Pretrial process allowing both sides to interview witness and look at documents
• Term?

• Question and answer session out of court statements under oath during which attorneys ask the witness questions relating to the issues of the lawsuit.
• Term?

Getting depositions from witnesses or the defended, interrogatory is written from one party for the other party, request for production of documents and things, and requests party to admit or deny certain statements in order to stream like the factual presentation of the case.

Written question that one party sends to the other party, to which an answer is obligatory in written

• Instrument for discovering and obtaining such documents as policies and procedures, standards of care, medical records, assignment sheets, personnel files, equipment maintenance records, birth certificates, marriage certificates, medical bills, and other documents pertinent to the issues at hand.
• Term?

• A decision
• Term?

• Request a review of the decision � so that a higher court can review the decision
• Term?

• conduct at issue is offensive to society in general and detrimental to society as a whole, law involves public offenses (robbery, murder), purpose of law is to punish for the crime and deter and prevent further crimes
• what is this?

• Conduct at issue violates a person�s rights and is detrimental to that individual, law involves an offense that is against an individual, laws purpose is to make the aggrieved person whole again, to restore the person to where he or she was
• What is all this?

• Purpose: make the aggrieved person whole again, to restore the person to where he or she was
• Purpose of what?

• Purpose: punish for the crime and deter and prevent further crimes
• Purpose of what?

• The People � criminal law concerns crimes against society rather than individuals
• Who is answerable to the People? In what kind of trial?

• Consider and decide � a judge or jury does this during criminal trial
• Term?

• Can if there was an error either 1. in the process in which the conviction was obtained or 2. by the court during the proceedings
• Can do what?

• Being responsible for one�s own actions
• Term?

• Legal responsibility
• Term?

Advocate � one who defends or pleads a cause or issue on behalf of another

• Legal and ethical obligation to safeguard the patient�s interest. Defends or pleads a cause or issue on behalf of the patient
• Term?

• Darling vs. Charleston community memorial hospital
• Why is this case important?

• Pts. Developed gangrene after a cast put on his leg and had to amputate. Held nurses liable alone with physician because staff failed to adhere to the standards of care
• Which case?

• Acts whose performance is required, permitted, or prohibited. Derive from federal and state laws, rules, and regulations, and codes governing other professional agents and organizations such as the ANA and CAN (Canadian nurses association)
• What is?

• American nurses association
• Abbrev?

• Canadian nurses association
• Abbrev?

• It gives direction to you as a practicing nurse, spelling out what you have the obligation to do, what you have permission to do, and what you are prohibited from doing for patients
• What does?

• Practice, monitoring, and communication
• Areas of what?

• Laws formally defining and limiting the scope of nursing practice
• Term?

1. apply for licensure in the state or province in which one wants to practice, meet all licensing requirements, pass the computerized licensing examination, and maintain a current license

• A legal agreement which allows multistate practice of nursing
• Term?

Commission (doing an act) or omission (not doing an act) performed in the course of your professional duty

• Doing an act
• Term?

• Not doing an act
• Term?

• Professional negligence. Which is a legal action that a nurse can be charged with
• Term?

• Wise
• Term?

• 1. duty exists � nurse patient relationship establishes a duty 2. breach of duty � failure to perform the duty in a reasonable prudent manner 3. harm has occurred � doesn�t have to be physical injury 4. breach of duty was proximate cause of the harm � occurrence of harm depended directly on the occurrence of breach
• Need all this for what?

• American hospital association
• Abbrev?

• They developed patient�s bill of rights in 1972
• Who developed?

• Patient care partnership: understanding expectations, rights, and responsibilities
• Also known as?

• The joint commission
• Abbrev?

• They accredit health care facilities and monitors them to ensure that they are in compliance which all them to ensure that they are in compliance with al applicable laws, rules and regulations
• Who accredits?

• Regulates any institution receiving federal funding. Requires the institutions maintain written policies and procedures regarding advance directives, the right to accept or refuse treatment, and the right to participate fully in heal care-related decisions
• What does?

• Health insurance portability and accountability act of 1996
• Abbrev?

• Took effect on April 14, 2003
• What did?

• Its important area relates to health care providers� duty to protect the confidentiality of all health information.
• Important area of what?

• The patient�s right to make decisions regarding his or her health care
• Term?

• Refers to full disclosure of the facts the patient needs to make an intelligent (informed) decision before any invasive treatment or procedure is performed.
• Term?

• Technical battery
• Also known as?

• Unlawful touching of a person; an intent to harm is not necessary
• Term?

• You are only witnessing the signature
• When is this true?

In a lawsuit, both parties are permitted to use the patient�s medical record to argue facts of the case

• Makes reporting of child abuse mandatory
• What does?

It is a form of child abuse

• If not meeting standards of care
• What happens if one doesn�t meet standard of care?

• Withholding lifesaving treatment and care ; letting a person die
• term?

• Medical malpractice
• also known as?

Child, spousal and elderly abuse. And workplace violence

• Verbal abuse, emotional abuse, sexual harassment, physical assault, and threatening behavior.
• Where are these kinds of abuse found?

�care was not given if it was not charted.�

1. claims made policy 2. occurrence basis policy

• This protects you when the claim(s) for nursing or negligence is made while the policy is in force (during the period or during extended coverage)
• What does?

• This protects you against claims made about event(s) that occurred during the policy period or extended coverage period.
• What does?

• Extended coverage for periods when a nurse is exposed to professional liabilities but no longer has a claims made policy
• What is?

• Refers to values that influence a person�s behavior and the individual�s feelings and beliefs about what is right or wrong
• Term?

• Involve moral values and principles that affect personal and professional conduct
• Term?

• Nurse only covered only if on duty and acting within proper capacity
• What does?

• Personal beliefs about the worth of an abject, an idea, a custom, or an attitude
• Term?

• Process of self-evaluation that helps you gain insight into your personal values
• Term?

• Situations that do not have a clear right or wrong answer
• Term?

• Ethical principle; refers to freedom of personal choice, a right to be independent and make decisions freely. It is correct and appropriate for you to assist the patient in the decision-making process
• Term?

• Doing good or acting for someone�s good; this principle is one of primary important to nurses
• Term?

• To do no harm. You have to act in the patient�s best interest, an ethical as well as a legal duty to do nothing that has a harmful effect on the patient
• Term?

• Concept of what is fair
• Term?

Respect for people

• National federation of licensed practical / vocational nurses
• Abbrev?

• Practitioner-assisted suicide
• Abbrev?

• Provider takes an active role in ending a patient�s life
• What is this?

American nurses association does not condone practitioner-assisted suicide because of principle of nonmaleficene (to do no harm)

Assign durable power of attorney to make decisions regarding medical treatment in the event that the patient becomes unable to make them

• Purpose: Allow a patient to exercise the right of autonomy
• Purpose of what?

• purpose:Promote trustworthy, accountable LVN�s
• purpose of what?

Declining physical health, mental ability; decreased strength and mobility, loss of independence, isolation and loss of loved ones, friends, and relatives

• Provides immunity from liability in certain circumstances. Which encourages assistance in emergencies occurring outside of a medical facility by providing protection against liability except in cases of gross negligence
• What provides immunity?