Chapter 3: Basic Legal Concepts in Nursing

A comprehensive set of practice flashcards defining essential legal terms and concepts in nursing, including types of law, negligence elements, intentional torts, and patient rights.

Law

A rule of conduct established and enforced by a governing authority.

Constitutional law

Law based on the U.S. Constitution and state constitutions.

Statutory law

Laws created by legislative bodies, such as Congress or state legislatures.

Administrative law

Rules and regulations created by government agencies.

Common law

Law that develops from court decisions and legal precedents.

Nurse Practice Act

A state law that defines and regulates the practice of nursing, including the scope of practice, requirements for licensure, and grounds for disciplinary action.

Board of Nursing

The entity that regulates nursing practice in each state.

Licensure

Government permission to practice a profession.

Certification

Recognition that a person has met specific qualifications or demonstrated competence in an area.

Accreditation

Recognition that an organization or educational program meets established standards.

Nurse Licensure Compact (NLC)

An agreement among participating states that allows eligible nurses to practice across state lines using a multistate license.

Civil law

Law involving disputes between individuals or organizations.

Criminal law

Law involving acts considered offenses against society or the state.

Tort

A wrongful act or omission that causes harm and can result in civil liability.

Negligence

Failure to use the level of care that a reasonably careful person would use under similar circumstances.

Malpractice

Professional negligence by a person acting within a professional role.

Elements of professional negligence

The five components required to prove malpractice: Duty, Breach of duty, Foreseeability, Causation, and Harm/injury (mnemonic: DBFCH).

Duty

The legal responsibility of a nurse to provide care to a patient.

Breach of duty

The failure of a nurse to meet the expected standard of care.

Foreseeability

The concept that harm could reasonably have been anticipated.

Causation

The link where a nurse's action or failure to act directly caused a patient's injury.

Harm/injury

Actual damage or injury experienced by the patient.

Intentional tort

A wrongful act committed intentionally that violates another person's rights.

Assault

An intentional threat that causes a person to fear harmful or unwanted contact.

Battery

Intentional, unauthorized physical contact with another person.

False imprisonment

Unlawfully restricting a person's freedom of movement.

Invasion of privacy

Violating a person's right to privacy or improperly exposing private information.

Defamation

A false statement that harms another person's reputation.

Libel

Written defamation.

Slander

Spoken defamation.

HIPAA

A federal law that includes protections for the privacy and security of protected health information.

Nursing documentation

A legal record of the patient's condition, care provided, and nurse's actions that must be accurate, objective, and prompt.

Informed consent

A patient's voluntary agreement to a treatment or procedure after receiving adequate information, understanding, and having decision-making capacity.

Nurse's role in informed consent

Witnessing the signature, verifying voluntary consent, and notifying the provider if the patient has questions or lacks understanding.

Americans with Disabilities Act (ADA)

Law that protects people with disabilities from discrimination and requires appropriate access and accommodations.

DNR order

Do Not Resuscitate; an order indicating that CPR should not be initiated if the patient experiences cardiac or respiratory arrest.

Advance directive

A legal document that communicates a person's wishes about healthcare decisions if they later cannot make or communicate those decisions.