Legal and Ethical Nursing Concepts: Tort, Consent, Privacy, and Law

Negligence

Conduct that falls below the standard of care

Advanced Directive

Include living wills, health care proxies, and durable powers of attorney for healthcare

Malpractice

Commonly referred to as professional negligence

Assault

An intentional threat with no actual contact

Battery

Intentional offensive touching without consent or lawful justification

Invasion of Privacy

The right of patients to keep personal information from being disclosed

False Imprisonment

Unjustified restraint of a person

Defamation of Character

When one speaks falsely about another

Slander

Publication of false statements that result in damage to a person's reputation

Confidentiality

Protection for private patient information in the healthcare setting

Privacy

The release of a patient's health care information to an unauthorized person, such as a member of the press, the patient's employer, the patient's family, or online

Consent

A patient's agreement to have a medical procedure after full disclosure of risks, benefits, alternatives, and consequences

Living Will

A written document expressing a patient's wishes in the event of a terminal illness or condition

Durable Power of Attorney for Healthcare

A legal document designating a person to make healthcare decisions for a patient when he/she is unable to

Statutory Law

Laws enacted by a legislative body, such as the Nurse Practice Act in each state.

Misdemeanor

A type of criminal law that is less severe than a felony, often punishable by fines or short jail time.

Felony

A serious crime that is punishable by imprisonment for more than one year or by death.

Americans with Disabilities Act

A law that prohibits discrimination based on disability.

EMTALA

Emergency Medical Treatment and Labor Act, which requires hospitals to provide emergency medical treatment.

HIPAA

Health Insurance Portability and Accountability Act, which protects patient health information.

Good Samaritan Laws

Laws that protect individuals from liability when they provide assistance in an emergency.

Informed Consent

Key elements include the patient's understanding of the procedure, risks, benefits, and alternatives.

Tort

A civil wrong that causes a claimant to suffer loss or harm.

Intentional tort

A deliberate act that causes harm to another.

Quasi-intentional tort

A tort that involves a breach of duty that is not intentional but results in harm.

Unintentional tort

A tort that occurs when a person fails to act as a reasonable person would, leading to harm.

Patient Abandonment

Occurs when a healthcare provider terminates the patient-provider relationship without proper notice.

Refusal of Patient Assignment

A nurse can refuse a patient assignment if they feel unqualified, if the patient is a danger to themselves or others, or if the assignment violates ethical standards.

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