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ASSAULT
An intentional act that causes a person to fear that he or she will be touched in an offensive or injurous manner -even if no touching actually takes place
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BATTERY
An intentional act resulting in actual physical contact or touching in an offensive or injurous manner
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BREACH OF DUTY
not behaving in a reasonable manner
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CRIMINAL LAW
Concerned with relationships between individuals; protects the rights of persons within our society and encourages fair & equitable treatment among people
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DEFAMATION
- The injuury of one person's reputation of character by willful & malicious statement to a third person.
- Includes libel & slander
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PLAINTIFF
- Person or entity alleging harm & bringing the lawsuit. The plaintiff must prove four elements of negligence
- 1) Duty
- 2)Breach of Duty
- 3) Proximate cause or causal connection
- 4) Damages
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EXPERT WITNESS
One who has special training, knowledge, skill or expertise who is permitted to offer an opinion in court
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FELONY
A serious crime such as major robbery, arson, rape, or murder & which carries a penalty of imprisonment or death; can be grounds for nursing license denial, revocation, or suspension
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GOOD SAMARITAN LAW
A legal statute which protects persons who assist in emergency situation while acting within the accepted standards of practive of their profession
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INFORMED CONSENT
- Delineation of the essential nature of the procedure & its consequences. The elements of include:
- 1. explanation of the condition
- 2. a fair explanation of the procedures to be used & the consequences
- 3. description of the alternative treatment
- 4. description of the benefits to be expected
- 5. an offer to answer the patient's inquiries
- 6. freedom from coercion
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INVASION OF PRIVACY
A tort in which a client's health care is made public or exposed to public scrutiny
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TORT
A wrongful act or private injury committed by one person against another person or property, which may be pursued in civial court by the injured party
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LIABILITY
Legal responsibility; a nurse is legally responsible for actions that fail to meet the standard of care or for failing to act, thereby causing harm
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LIBEL
A false or malicious writing that is intended to dishonor another person & is published so that someone besided the one defamed will observe it
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MALPRACTICE
- Professional minsonduct, unreasonable lack of skill in professional or judicaiary duties, resulting in injury, unnecessary suffering or death to the patient.
- (only refers to professionals)
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MISDEMEANOR
A lesser crime such as small thefts, assaults without the use of weapons usually dealt with on a local level. The penalty is usually a fine or imprisonment for less than a year
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NEGLIGENCE
Failing to conduct oneself in a prescribed manner, with due care, thereby doing harm to another; or doing something that a reasonable prudent person would not do in like circumstances
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REASONALBLY PRUDENT
Acts which ordinary professional would or would not have done; a measure against a defendant's malpractice conduct
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SLANDER
An oral statement made with the intent to dishonor or defame another person when made in the presence of a third person
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STANDARD OF CARE
The knowledge & skill that an ordinary , reasonably prudent person would possess & exercise as a member of a profession
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