Legal Aspects of Nursing Practice and Responsibilities

Law

Rules governing society's behavior and relationships.

Constitution

Supreme law establishing government structure and rights.

Legislation

Laws enacted by legislative bodies, like Congress.

Administrative Law

Regulations created by agencies to enforce statutes.

Common Law

Law developed through court decisions and precedents.

Stare Decisis

Legal principle of following precedent in rulings.

Public Law

Law governing relationships between individuals and government.

Criminal Law

Segment of public law addressing public safety violations.

Felonies

Serious crimes punishable by imprisonment over one year.

Misdemeanors

Less serious crimes punishable by fines or short jail.

Private Law

Law governing relationships among private individuals.

Contract Law

Enforcement of agreements between private individuals.

Tort Law

Defines rights and duties not based on contracts.

Intentional Torts

Deliberate actions causing harm or rights violations.

Assault

Threatening harm to a patient without consent.

Battery

Unconsented touching of a patient, like injections.

False Imprisonment

Restraining a patient without legal authorization.

Invasion of Privacy

Unauthorized sharing of private health information.

Defamation

Spreading false information damaging someone's reputation.

Civil Actions

Legal disputes among individuals in society.

Criminal Actions

Disputes between individuals and society as a whole.

Litigation

Process of taking legal action in court.

Judicial Process

System for resolving disputes according to the law.

Complaint

Document filed by plaintiff claiming rights infringement.

Answer

Written response by defendants to a complaint.

Discovery

Pretrial phase for gathering facts in a lawsuit.

Verdict

Decision rendered by a judge or jury in trial.

Burden of Proof

Duty to prove wrongdoing in legal cases.

Plaintiff

Party who initiates a lawsuit against another.

Expert Witness

Individual with specialized knowledge testifying in court.

Nurse Practice Act

Legal definition of nursing scope and standards.

Credentialing

Process of verifying nursing competence and qualifications.

Licensure

Legal permit required to practice nursing.

Mutual Recognition Model

Allows multistate nursing licensure under one license.

Interstate Compact

Agreement enabling mutual recognition among states.

Certification

Validation of nursing competence by recognized organizations.

Accreditation

Process ensuring educational programs meet quality standards.

Standards of Care

Legal guidelines evaluating nursing care quality.

Nursing Competence

Ability to perform nursing duties safely and effectively.

Public Protection

Legal purpose of defining nursing practice scope.

Advanced Nursing Practice

Requires additional licensing for specialized nursing roles.

Testimony

Formal statement given by a witness in court.

Legal Action

Process of taking a dispute to court.

Professional Misconduct

Improper behavior violating nursing standards or laws.

Nursing Education Programs

Training institutions meeting accreditation standards.

Minimum Standards

Basic requirements for nursing education and practice.

Nursing Licensure Revocation

Loss of license due to misconduct or incompetence.

Legal Guidelines

Rules governing professional conduct and responsibilities.

Scope of Practice

Range of duties and responsibilities for nurses.

Internal Standards of Care

Guidelines based on nursing roles and institutional policies.

Nurse Practice Acts

State laws defining nursing practice parameters.

Professional Organizations

Groups like ANA supporting nursing standards and advocacy.

Specialty-Practice Organizations

Focused groups for specific nursing fields, e.g., ENA.

Federal Regulations

Rules from agencies like The Joint Commission.

Contractual Arrangements

Agreements defining nurse-employer relationships.

Oral Contract

Verbal agreement between parties, legally binding.

Written Contract

Formal agreement documented in writing.

Implied Contract

Assumed agreement based on actions or circumstances.

Provider of Service

Nurse's role ensuring safe and competent care.

Liability

Responsibility for one's actions and obligations.

Standards of Care

Guidelines ensuring competent nursing practice.

Contractual Obligations

Nurse's duty of care from contracts.

Employee

Nurse working under agency representation.

Contractor for Service

Nurse with direct client contracts for services.

Respondeat Superior

Employer's liability for employee's professional actions.

Citizen Role

Nurse's rights and responsibilities under the law.

Rights

Entitlements individuals have under the law.

Responsibility

Obligations ensuring rights are exercised ethically.

Collective Bargaining

Negotiation process for employee working conditions.

Strike

Work stoppage to address employment grievances.

Informed Consent

Client agreement after understanding treatment risks.

Express Consent

Agreement given orally or in writing.

Express consent

Oral or written agreement for treatment.

Implied consent

Nonverbal behavior indicating agreement to treatment.

Voluntary consent

Consent given freely without coercion.

Capacity to consent

Individual's ability to understand and agree.

Informed consent

Sufficient information provided for decision-making.

Minors' consent

Requires parent or guardian approval for treatment.

Unconscious consent

Implied consent in life-threatening emergencies.

Mental illness consent

Rights defined by state mental health acts.

Nurse's role in consent

Witness client's signature on consent form.

Delegation

Nurse directs others to perform nursing tasks.

UAP

Unlicensed Assistive Personnel in healthcare settings.

Violence and abuse

Includes domestic violence, child abuse, and neglect.

Neglect

Failure to provide necessary care for safety.

Mandated reporters

Professionals required to report suspected abuse.

Americans with Disabilities Act

Prohibits discrimination based on disability.

ADA purpose

Eliminate discrimination against individuals with disabilities.

Controlled substances

Regulated drugs with potential for misuse.

Impaired nurse

Nurse unable to perform due to substance dependency.

Risk factors for substance use

Access, stress, lack of education, and attitude.

Sexual harassment

Unwelcome sexual advances violating individual rights.

EEOC definition

Defines sexual harassment in educational and employment contexts.

Abortion laws

Guidelines for nurses on legal abortion practices.

Abortion Rights

Constitutional right based on privacy established in 1973.

Public Funding Restrictions

1989 rulings limited public funding for abortions.

Advance Health Care Directives

Documents specifying care preferences when incapacitated.

Patient Self-Determination Act

Mandates recognition of advance directives by facilities.

Autopsy

Postmortem examination required in specific death cases.

Certification of Death

Formal pronouncement of death by authorized personnel.