Duty - Answers Owed the plaintiff a legal duty
Breach of Duty (Negligence) - Answers failure to comply with the duty
`Proximate Cause - Answers The Breach directly caused injury
Nurses liable for harm resulting from? - Answers Patient falls and gets hurt you dont lock devices,
your breach caused their injury
What is the difference between Negligence and Malpractice - Answers Negligence is a failure to
exercise the care that a reasonably prudent person would exercise in like circumstances. In tort law,
negligence applies to harm caused by carelessness, not intentional harm. Malpractice is a type of
negligence; it is often called "professional negligence".
2 types of advanced directives? - Answers living will and durable power of attorney
3 types of laws for Nurses - Answers Criminal, Civil, and administrative
2 types of Torts - Answers intentional and unintentional
Intentional Tort - Answers Assault and battery
Defamation of character
Invasion of privacy
False imprisonment
Fraud
Unintentional Tort - Answers negligence and malpractice
Slander - Answers Is defamation by verbalizing untrue or private information (gossip to a third party)
Examples of nursing Liability? - Answers Contract, Tort, Unintentional, Intentional, Negligence
Libel - Answers written defamation or pictures
Criminal Action - Answers involves people and society as a whole
Personal Liability - Answers each professional is responsible for his or her own actions
Authorized Consent - Answers Parents cannot give informed consent for medical care of a child but
can give authorized consent instead.
Generalized (implied) consent - Answers For treatment is obtained on admission, it may be obtained
by the LPN/LVN or by an admission clerk during a routine admission.
Advanced directives - Answers a written statement of a person's wishes regarding medical treatment,
often including a living will, made to ensure those wishes are carried out should the person be unable
to communicate them to a doctor.
(NPA) Nurse Practice Act - Answers regulates the scope of nursing practice for the state and protects
public health, safety, and welfare
Basic Client Situation - Answers Patient's clinical condition is predictable. Medical and nursing orders
are not changing continuously. No complex modifications of nursing care are needed.
Common Law - Answers Judge-made law, which has its origins in the court
Damages - Answers 1 of 4 elements needed to prove negligence patient must be able to show the
nurses negligent act injured the patient in some way
Delegated Medical Act - Answers Physicians orders given to a RN, LPN, or LVN by physician, dentist,
or podiatrist
Depositions - Answers Gathering information under oath. One of the steps in bringing legal action.
(DNR) Do not resuscitate - Answers A client order stating that no extraordinary measures, or limited
extraordinary measures, will be taken to prevent death. For Example, CPR is not used. Also known as
"No Code".
HIPPA - Answers Health Insurance Portability and Accountability Act
Oregon Death With Dignity Act - Answers Allows terminally ill Oregonians to end their lives through
voluntary self-administration of lethal medication.
(PSDA) Patient Self Determination - Answers Basis for advanced directives. Federal aw mandates that
Medicare and Medicaid patients must be told of their ight to formulate advance directives.
Preponderance - Answers evidence that is beyond a reasonable doubt
Vicarious Liability - Answers Legal responsibility placed on one person for the acts of another.
NPA - Answers Nurse Practice Act
Nursing Licensure Examination - Answers tests for minimum competence
Criminal Action VS Civil Action - Answers -prosecution has the burden of proof and is beyond
reasonable doubt