Legal & Ethical Nursing Practice NCLEX Prep Flashcards

Comprehensive vocabulary flashcards focused on legal responsibilities, liability, federal laws, and ethical standards in nursing practice as outlined in the NCLEX Prep lecture.

Nurse Practice Act (NPA)

The legal blueprint for nursing practice in each state that defines scope of practice, sets licensure requirements, protects the RN title, and outlines disciplinary actions.

Administrative Law

The type of law that governs nursing licensure and discipline through the State Board.

Tort Law

A branch of law concerned with civil liability for patient harm, including malpractice and negligence.

Constitutional Law

Law grounded in the 14th Amendment that protects patient autonomy and rights, such as life, liberty, and personal privacy.

Statutory Law

Specific enacted laws that govern healthcare, such as HIPAA, ACA, and EMTALA.

Negligence

An unintentional tort where a nurse fails to meet the standard of care, though there was no intent to cause harm.

Intentional Torts

Deliberate acts that cause harm, requiring the intent to perform the action rather than the intent to harm, such as assault or battery.

Duty

The first element of malpractice; a legal responsibility to the patient established through a nurse-patient relationship.

Breach

The second element of malpractice; occurs when a nurse's care falls below the accepted standard of what a competent nurse would have done.

Causation

The third element of malpractice; the establishment of a clear link showing the nurse's breach directly caused the patient's injury.

Damages

The fourth element of malpractice; actual, measurable harm suffered by the patient as a result of a breach.

Assault

An intentional tort involving the verbal or physical threat of a patient without actual physical contact.

Battery

An intentional tort involving touching a patient without consent, such as performing a procedure after the patient has refused.

Invasion of Privacy

An intentional tort involving the unauthorized sharing of patient information or exposing a patient without clinical need.

Standard of Care

The legal benchmark or measurement of care based on what a reasonably prudent, competent nurse would do in the same situation.

Autonomy

The patient's right to direct their own care and make decisions, including the right to refuse treatment.

HIPAA

Federal law that protects patient health information; unauthorized disclosure constitutes a federal violation.

ACA

Federal law that expands healthcare coverage, protects preventive care, and prohibits denial based on pre-existing conditions.

EMTALA

Federal law requiring hospitals to screen and stabilize any patient in the ED regardless of their ability to pay.

ADA

Federal law prohibiting discrimination against individuals with disabilities in employment and healthcare settings.

Never Events

Serious, preventable adverse outcomes for which CMS will not reimburse hospitals, such as Stage III/IV pressure ulcers or wrong blood transfusions.

Delegation

The process where an RN assigns nursing tasks to others while remaining legally accountable for the outcome.

5 Rights of Delegation

A framework for safe delegation consisting of: Right Task, Right Circumstance, Right Person, Right Communication, and Right Supervision.

Incident Reports

Internal quality improvement documents used to record errors or near-misses; they are generally not discoverable in court and should not be referenced in the patient's chart.

Informed Consent

A process where a provider obtains permission for treatment; the nurse's role is to witness the signature and confirm the patient's understanding.

Euthanasia

An ethical situation where a provider takes direct, deliberate action to end a patient's life.

Assisted Suicide

Also called 'Death with Dignity', where a patient self-administers a lethal dose using means supplied by a provider.

Passive Euthanasia

The act of withdrawing or withholding treatment, such as removing a ventilator, to allow death to occur naturally.