Legal and Ethical Aspects of Nursing Flashcards

A comprehensive set of vocabulary flashcards covering legal systems, nursing liability, ethical principles, and patient rights as described in the lecture notes.

accountability

Being responsible for one's own actions.

advocate

One who defends or pleads a cause or issue on behalf of another.

deposition

A process during the discovery phase of a lawsuit where witnesses undergo questioning by attorneys under oath with statements recorded in a transcript.

doctrine of informed consent

Full disclosure of the facts the patient needs to make an intelligent decision before any invasive treatment or procedure is performed.

ethical dilemmas

Situations that do not have a clear right or wrong answer.

ethics

Values that influence a person's behavior and the individual's feelings and beliefs about what is right or wrong.

euthanasia

The withholding of lifesaving treatment and care, considered a form of medical neglect.

laws

Rules that prescribe proper behavior in society, sanctioning acceptable behavior and prohibiting unacceptable behavior.

liability

Legal responsibility.

liable

Being legally responsible for an action.

malpractice

Failure to meet a legal duty, thus causing harm to another; also referred to as professional negligence.

nonmaleficence

The ethical principle of doing no harm.

standards of care

Acts whose performance is required, permitted, or prohibited, defining the obligations of the nurse.

value clarification

The process of self-evaluation that helps an individual gain insight into personal values.

values

Personal beliefs about the worth of an object, an idea, a custom, or an attitude.

verdict

A court decision based on the facts of the case, testimony, and laws.

criminal law

Law involving public offenses such as robbery, murder, or assault, where conduct is offensive to society in general.

civil law

Law involving offenses against an individual where conduct violates a person's rights.

statutory law

Law developed by federal, state, and local governments.

common law

Also known as case law, it evolves in response to legal questions before the court and usually follows precedent.

precedent

Previous court rulings on a specific legal issue.

negligence

The absence of due care or failure to act in a manner demonstrating the care and knowledge any prudent individual would.

duty

The established relationship between the patient and the nurse in a malpractice context.

breach of duty

Failure to perform a duty in a reasonable, prudent manner.

proximate cause

The concept that the occurrence of harm depended directly on the occurrence of the breach of duty.

plaintiff

The complaining party who seeks legal representation and files a claim.

defendant

The person alleged to be liable or legally responsible in a lawsuit.

complaint

A written statement filed in court naming the defendant, stating facts, and outlining damages.

summons

A court order that notifies the defendant of the legal action against them.

discovery

The step in the legal process allowing both sides to review documents and interview witnesses.

interrogatory

A written question sent by one party to the other during discovery, to which an answer is legally required.

appeal

A request for a higher court to review a decision made by a lower court.

abandonment

Wrongful termination of providing patient care.

assault

An intentional threat to cause bodily harm to another; does not require actual bodily contact.

battery

Unlawful touching of another person without informed consent.

competency

A legal presumption that a person who has reached the age of majority can make decisions for themselves unless proved otherwise.

defamation

Spoken or written statements made maliciously and intentionally that may injure the subject's reputation.

libel

A malicious or untrue writing about another person brought to the attention of others.

slander

Malicious or untrue spoken words about another person brought to the attention of others.

tort

A type of civil law involving wrongs against a person or property, including negligence, assault, battery, and defamation.

nurse practice acts

Laws that formally define and limit the scope of nursing practice within a specific state, province, or territory.

Patient Self-Determination Act

A 1990 regulation requiring institutions receiving federal funding to maintain policies regarding advance directives and the right to refuse treatment.

HIPAA

The Health Insurance Portability and Accountability Act of 1996, which sets rules and limits on who has permission to look at and receive health information.

PHI

Protected Health Information; identifiers used to identify a patient, including names, geographic locations, and social security numbers.

Social media

Online and mobile tools used to share opinions, information, images, and video clips.

Good Samaritan laws

Statutes providing immunity from liability to encourage assistance in emergencies that occur outside of a medical facility.

claims-made policy

Professional liability insurance providing protection when the claim is made while the policy is in force.

occurrence-basis policy

Professional liability insurance protecting against claims made about events that occurred during the policy period.

advance directives

Signed and witnessed documents that provide specific instructions for health care treatment if a person is unable to make decisions personally.

living will

A document directing treatment in accordance with a patient's wishes in the event of a terminal illness or condition.

durable power of attorney for health care

An instrument designating an agent, surrogate, or proxy to make health care decisions on a patient's behalf.

respect for people

The fundamental ethical principle viewing all human life as sacred and each individual as having inherent worth.

autonomy

The ethical principle referring to freedom of personal choice and the right to be independent.

beneficence

The ethical principle of doing good or acting for someone's good.

justice

The ethical concept of fairness, meaning all patients have the same right to nursing interventions.