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Nursing week 9

Terms in this set (17)

Recognize the difference between ethics and the law, and discuss the relationship of each to the other
Law is the system of binding rules of action or conduct that govern the behavior of people in respect to relationships with others and with the government; ethics is what morally guides a person to make a decision
Describe sources of law
There are four sources of law (constitutional, statutory, administrative, and common) which can be divided into two main branches (the private and public sector); laws can be made by legislative, rule-making bodies, or by judicial precedent
constituational law
principles are laid out in a constitution and are provided with descriptions of how they are supposed to be interpreted and carried out
statutory law (legislative)
formal laws that are written and enacted by federal, state, or local legislatures
administrative law
involves the operation of government agencies
common law
where decisions are based upon earlier court rulings in similar cases
public law
defines a person's rights and obligations in relation to the government and describes various divisions of government and their powers
private law
generally involves relationships between individuals
tort
is a wrong or injury that a person suffers because of someone else's action
unintentional tort
occur when an act or omission causes unintended injury or harm to another person
intentional law
occur when someone intentionally injures another person or interferes with the person's property. The perpetrator intends to bring about a specific result or consequence
3 elements:
-The act must be intended to interfere with the plaintiff or his or her property.
-Must be intent to bring about the consequences of the act.
-Act must substantially cause the the consequences
recent legal trends in health care.
-Legal trends involving managed care organizations.
-Malpractice claims against nurses.
-Criminalization of Nurses' Professional negligence.
-Confidentiality of electronic communications
Discuss methods that nurses can use to limit liability.
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Describe the role of the expert nurse witness.
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Define and describe differences between public, contract, tort and civil law
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Define, describe and understand the differences between intentional torts, malpractice, unintentional torts, negligence, misdemeanor, felony, precedent, citation, ethics, law, morals, plaintiff, battery, assault, fraud, defamation, libel, slander and false imprisonment
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What are components of malpractice and how can an individual avoid malpractice?
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