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decisions about conduct that guide the interactions of people
Law
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two types of law
public law and civil law
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law that deals with the individuals relationship to the state
public law
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law that deals with the relationships among individuals. addresses crimes against a person in matters such as contracts and torts
civil law
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4 sources of public law
- -constitutional law
- -statutory law
- -administrative law
- -criminal law
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3 sources of civil law
- -contract
- -tort
- -protective/reporting law
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law set forth in the US that defines and limits powers of government
constitutional law
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law enacted by legislative bodies such as state board and professional practice acts and the nursing practice act
statutory law
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also known as the regulatory law that has appointed adminitrative govenment agencies to make rules and regulations
administrative law
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most common of the public law, addresses acts or ofenses against the safety or welfare of the public
criminal law
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the enforcement of agreement among private individuals
contract law
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a civil wrong commited by a person against another person or property
tort
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examples of the protective/reporting law
- american disabilites act
- good samaritan law
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act the prohibits discrimination of employment , oublic services, and accomodations on the basis of disability
ADA
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nursing practice act falls under which law?
public and civil law
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council that endorsed a model of nursing regulations called the nurse licensure compact
national council of state boards of nursing (NCSBN)
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states those things that a nurse can or cannot do
nursing practice act
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guidelines that were developed to direct nursing care
standards or practice/standards of care
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5 legal issues in practice
- -Physicians orders
- -floating
- -inadequte staffing
- -critical care
- -pediatric care
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what may be filed if child abuse or neglect is not reported by a health care provider?
civil or criminal legal action
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what may happen to a nurse who leaves an inadequetly staffed unit?
client abondonment charge may be filed
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examples of intentional torts
- -assault
- -battery
- -defamation
- -false imprisonment
- -invasion of privacy
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threat or attempt to touch another person
assault
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unconsented touching
battery
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unwarranted restriction of the freedom of an individual
false imprisonment
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a treatment performed against a clients will is an example of
battery
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information disclosed about a client that is considered private or photographs taken without client consent
invasion of privacy
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a statement is made that could either ruin the clients reputation or cause the client to lose her job
defamation
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failure to use such care as a reasonably prudent person would use under similar circumstances, which leads to harm
negligence
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failure of a professional to use such care as a reasonably prudent member of the profession would use under circumstances, which leads to harm
malpractice
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examples of unintentional torts
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form used for clients in the case a dilemma arises and the client feels the need to abandon treatment
AMA-Against Medical Advice
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when are medications given documented
after administration
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refers to a competent clients ability to make health care decisions based on full disclosure of the benefits, risks, potential consequences of a recommended treatment plan.
informed consent
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who is responsible for obtaining consent for nursing procedures
nurse
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who is responsible for obtaining consent for medical or surgical procedures
physician
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