Action of an indiviual which gives another person apprehension of immediate harm(mental as opposed to physical injury)
Physical contact without consent
Employee temp. under the control of someone other than the employer (hospital or scrub nurse placed under the direction of a surgeon)
Breach of duty
Failure to act in such a way to void harm to others
Captain of the ship doctrine
phys respondible for those under their supervision
Reciation of the facts upon with a plantiff bases his actions
Damage of the reputation and good name of an indiviual by communication to others
Sworn statement of facts made out of court
A professional familiar with the procedure involved in the suit, who can testify as to whether or not there was a deviation from expected care
One who is called to testify to the facts or occurences in a case.
Hold the indiviual liable for all consequences of any negligent act which could or should have been foreseen under the circumstances
Duty owned to plaintiff by the defendant to use due care
Duty was breached
Plaintiff was injured or damaged
Injury caused by defendant's negligence
Good Samaritan Laws
Laws which exempt doctors and sometimes nurses from any professional liability in rendering emergency care to an injured person at the scene of an accident.
Being held legally respondsible for negligent acts (Go to misf.. malf., nonf.)
Personal: Everyone is respondsible for his or her own acts even though someone else may be held under another rule of law.
Vicarious: Imposed with personal fault or with a caual relationship between the actions of the one held liable for the injury.
The leg between the time when an injury occurs and the claim is settled.
Term referring to professional negligence
Person who initiates the law suit
Professional Libaility Insurance
Insurance covering a professional for malpractice and personal liabiloty - theoretically covers a professional only for malpractice liability.
Exposure of a person to wisk of injury by a commissive or omissive action. Operates in 3 steps.
The immediate or direct cause of an injury in a malpratice case.
(injury due to negligence or an intentional wrongful act.)
Person against who the suit is brought
All related events in a particular legal situation, Which may then be admitted into evidence.
Res Ipsa Loquitor
"The thing speaks for itself" doctrine which establishes negligence and injury by proof of happening or occurences.
" The masted must respond" vicarious liabilituy of the empoyer for the negligence of his employees.
Right of Privacy
Protection against interference which is serious or beyond the limtis of common ideas of decent conduct.
Scope of Practice
Limits of nusring practice as defined by state statues.
Stie Decises (Precedent)
Let the decision stand. The legal principle that previous decisions made by the court should be applied to new cases.
Standard of Care
Acts performed or omitted that a prudent practitioner would have or have not done; degree of care; judgement and skill of a competent nuse in like or similar circumstances. Based on testing, ect.
Statue of Limitations
Legal limit on the time a person has to file a suit in a civil matter. When injury occurs or when person discovers the injury. (sponge left in abd.) 2 years.
Document to summon a witness to testify in a court.
Wrongful injury for which civil action for damages would be brought. Civil wrong against an indiviual.
The proces by which an agnecy of goverments grants permission to persons to engage in a given profession or occupation by certifying that those licensed have attained the minal degree of competency necessary to ensure that the publics health, saftey and welfare will be reasonably well protected.
Is to protect the public from dishonest and incompetent practitioners.
Board of Nurse Examiners are made of what professionals:
Usually made entirely of nurses.
How are the Board of Nurse Examiners appointed?
In most states memebers are appointed by the governer from a list of persons submitted to him by the State Nurses Association.
In recent years non-nurses member have been added in some states.
Is basically carelessness
is bad, wrong, injudicious treatment resulting in injury, unecessary suffering.
4 Factors a nurse may be found liable for negligence:
Existence of duty
Breach of duty
Harm or injury
Ethical Issue Analysis
Refers to a set of values or principles to whcihone is personally committed. (Informal or Personal) Denotes a standard of personal conduct that arises from social customs, sanctions, religion and norms.
Refers to publicy stated and formal sets of rulres and values. (Formal or theroritcal) Standar of moral philosophy of an institution/profession. Invoves
A situation requiring choice between two or more equally desireable or undersireable alternatives.
One must be willing to change positions with those affected by the action & still believe that the action ought to be performed.
Those assertions or statements that indiviuals make, either through their behavior, words, or actions, that define what they think is important & for which they are willing to sufer & even die- or perhaps continue living.
Human rights are a persons just due.
the moral obligations we assume toward other human beings because they have rights.
Duites are nurses to clients based upon our unique role of providing nursing care to the public.
The non-moral value produced by human actions. Promotion of human value by maximizing benefits and minimizing harm.
The process of becoming adapted to a new or different culture.
The culture absorption of a minority grp into the mail cultrual body.
Combining 2 distinct cultures in a single region.
Shared values, beliefs, & practices of a particular grp of people that are transmitted from one generation to the next & are identified as paterns that guide thinking & actions.
Adapation to the previaling cultural patterns in society.
Affilation resulting from shared linguistic, racial, or cultural background.
Believeing that ones own ethnic grp culture or nations is the BEST.
Preconceived deeply held usually negative judgement formed about other grps.
Assinging certian beliefs and behaviors to grps without recognizing individuality.
Being grounded in ones own culture but having the skills to be able to work in a multicultral environment.