Legal Terms

Card Set Information

Legal Terms
2011-10-21 10:31:14

Legal Terms
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  1. Assault
    Action of an indiviual which gives another person apprehension of immediate harm(mental as opposed to physical injury)
  2. Battery
    Physical contact without consent
  3. Borrowed Servant
    Employee temp. under the control of someone other than the employer (hospital or scrub nurse placed under the direction of a surgeon)
  4. Breach of duty
    Failure to act in such a way to void harm to others
  5. Captain of the ship doctrine
    phys respondible for those under their supervision
  6. Complaint
    Reciation of the facts upon with a plantiff bases his actions
  7. Defamation
    Damage of the reputation and good name of an indiviual by communication to others
  8. Deposition
    Sworn statement of facts made out of court
  9. Expert Witness
    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
  10. Fact Witness
    One who is called to testify to the facts or occurences in a case.
  11. Foreseeability
    Hold the indiviual liable for all consequences of any negligent act which could or should have been foreseen under the circumstances
  12. Four Elements
    • There was
    • 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
  13. 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.
  14. Liability
    • 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.
  15. Libel
    Written defamation
  16. Long-Tail
    The leg between the time when an injury occurs and the claim is settled.
  17. Malpractice
    Term referring to professional negligence
  18. Plaintiff
    Person who initiates the law suit
  19. Professional Libaility Insurance
    Insurance covering a professional for malpractice and personal liabiloty - theoretically covers a professional only for malpractice liability.
  20. Negligence
    Exposure of a person to wisk of injury by a commissive or omissive action. Operates in 3 steps.
  21. Proximate Cause
    • The immediate or direct cause of an injury in a malpratice case.
    • (injury due to negligence or an intentional wrongful act.)
  22. Defendant
    Person against who the suit is brought
  23. Res Gestae
    All related events in a particular legal situation, Which may then be admitted into evidence.
  24. Res Ipsa Loquitor
    "The thing speaks for itself" doctrine which establishes negligence and injury by proof of happening or occurences.
  25. Respondant Superior
    " The masted must respond" vicarious liabilituy of the empoyer for the negligence of his employees.
  26. Right of Privacy
    Protection against interference which is serious or beyond the limtis of common ideas of decent conduct.
  27. Scope of Practice
    Limits of nusring practice as defined by state statues.
  28. Slander
    Verbal dafamaion
  29. Stie Decises (Precedent)
    Let the decision stand. The legal principle that previous decisions made by the court should be applied to new cases.
  30. 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.
  31. 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.
  32. Supoena
    Document to summon a witness to testify in a court.
  33. Tort
    Wrongful injury for which civil action for damages would be brought. Civil wrong against an indiviual.
  34. Licensure
    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.
  35. Intent
    Is to protect the public from dishonest and incompetent practitioners.
  36. Board of Nurse Examiners are made of what professionals:
    Usually made entirely of nurses.
  37. 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.
  38. In recent years non-nurses member have been added in some states.
  39. Negligence
    Is basically carelessness
  40. Malpractice
    is bad, wrong, injudicious treatment resulting in injury, unecessary suffering.
  41. 4 Factors a nurse may be found liable for negligence:
    • Existence of duty
    • Breach of duty
    • Harm or injury
    • Proximate cause
  42. Ethical Issue Analysis
    • Data
    • Ethical
    • Obligation
    • Arugment
    • Resoultion
    • Carry Out
  43. Morals
    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.
  44. Ehtics
    Refers to publicy stated and formal sets of rulres and values. (Formal or theroritcal) Standar of moral philosophy of an institution/profession. Invoves
  45. Dilemma
    A situation requiring choice between two or more equally desireable or undersireable alternatives.
  46. Universalizability
    One must be willing to change positions with those affected by the action & still believe that the action ought to be performed.
  47. Values
    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.
  48. Rights:
    Human rights are a persons just due.
  49. Duties
    • 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.
  50. Goals:
    The non-moral value produced by human actions. Promotion of human value by maximizing benefits and minimizing harm.
  51. Acculturation
    The process of becoming adapted to a new or different culture.
  52. Assimilation
    The culture absorption of a minority grp into the mail cultrual body.
  53. Biculturalism
    Combining 2 distinct cultures in a single region.
  54. Culture
    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.
  55. Enculturation
    Adapation to the previaling cultural patterns in society.
  56. Ethnicity
    Affilation resulting from shared linguistic, racial, or cultural background.
  57. Ethocentrism
    Believeing that ones own ethnic grp culture or nations is the BEST.
  58. Prejudice
    Preconceived deeply held usually negative judgement formed about other grps.
  59. Sterotyping
    Assinging certian beliefs and behaviors to grps without recognizing individuality.
  60. Transculturalism
    Being grounded in ones own culture but having the skills to be able to work in a multicultral environment.