Legal Dimensions of Nursing Practice Flashcards

This set covers legal terminology, nurse practice regulations, criminal and civil law (torts), HIPAA rights, malpractice elements, and advance directives based on nursing practice lecture notes.

Law

A standard or rule of conduct established and enforced by government, designed to protect the rights of the public.

Litigation

The process of bringing and trying a lawsuit.

Plaintiff

The person bringing a suit.

Defendant

The person being accused of a crime, presumed innocent until proven guilty.

Credentialing

The process of maintaining competence, which includes accreditation, licensure, and certification.

Accreditation

A component of professional regulation and credentialing for nursing practice.

Licensure

A component of professional regulation and credentialing for nursing practice.

Certification

A component of professional regulation and credentialing for nursing practice.

Crime

A wrong against a person or the person’s property as well as the public.

Misdemeanor

A crime punishable by fines or less than 1 year imprisonment.

Felony

A crime punishable by imprisonment for more than 1 year.

Tort

A wrong committed by a person against another person or that person’s property; tried in civil court.

Intentional Torts

Types of wrongs such as assault and battery, defamation of character, invasion of privacy, false imprisonment, and fraud.

Unintentional Torts

Types of wrongs such as negligence and malpractice.

HIPAA Patient Rights

Rights including seeing/copying health records, updating health records, requesting correction of mistakes, getting a list of disclosures, requesting restrictions on uses, and choosing how to receive information.

Elements of Liability

The four required components: Duty, Breach of duty, Causation, and Damages.

Informed Consent Elements

The four necessary components: Disclosure, Comprehension, Competence, and Voluntariness.

Incident Reports

Documentation that includes a factual account of an incident, name of person/witnesses, date/time/place, pertinent characteristics, equipment used, and physician’s medical examination.

Sentinel events and Never events

Specific adverse outcomes identified under legal safeguards for nurses.

Good Samaritan Laws

Specific laws providing legal safeguards for nurses while practicing.

Living Will

A type of advanced directive for clinical care planning.

Durable Power of Attorney

A type of advanced directive for clinical care planning.

POLST/MOLST Form

Specific forms used in advanced care planning relating to life-sustaining treatments.

DNR and AND

Specific medical orders meaning Do Not Resuscitate and Allow Natural Death.