Common law - ✔️✔️Law that is created through the decision of judges
Comparative Negligence - ✔️✔️liability where damages apportioned among two or
more defendants
Criminal negligence - ✔️✔️reckless and wanton disregard for safety
Disclosure - ✔️✔️physician gives information about unanticipated adverse outcomes of
treatment and care
Advance Directive - ✔️✔️Written or verbal instructions created by the patient
describing specific wishes about medical in the event they become incapacitated
Case law - ✔️✔️body of written opinions created by judges in federal and state
appellate courses (judge law/common law)
Civil Law - ✔️✔️Tort law that deals with conduct considered unacceptable. Based on
societal expectations. professional malpractice, negligence and assault and battery
Durable power of attorney for health care - ✔️✔️instrument that authorizes another
person to act as one's agent in health care decisions
Error - ✔️✔️failure of planned action to be completed as intended or use of a wrong
plan
Gross negligence - ✔️✔️Extreme carelessness showing willful or reckless disregard for
the patient safety
Immunity - ✔️✔️Legal doctrine that protects a person from lawsuit or negligent acts or
protects an institution from acts of employees
Liability - ✔️✔️Legally responsible for harm caused to another person or property as a
result of one's actions
Licensing laws - ✔️✔️laws that establish qualifications for obtaining and maintaining a
licsen
, Malpractice - ✔️✔️Failure of a professional to meet standards of conduct that a
reasonable and prudent member of the profession would do
Negligence - ✔️✔️Failure to act in a manner that an ordinary, prudent person would act
in a similar situation
Preventable adverse event - ✔️✔️injury caused by medical management rather than
the patient's underlying condition
Punitive damages - ✔️✔️monetary compensation that goes beyond that which is
needed to compensate for losses, intended to punish the wrongdoer
Res ipsa loquitur - ✔️✔️provider had exclusive control of events that resulted in injury,
"the thing speaks for itself"
Sentinel event - ✔️✔️Joint commission, unintended adverse event that results in death,
paralysis, loss of function
Standard of care - ✔️✔️in civil cases, the legal criteria against which the nurse conduct
is compared to
Statutory law - ✔️✔️law enacted by a legislative body
Strict liability - ✔️✔️sometimes referred to as absolute liability, can be imposed on a
person or entity without proof of carelessness or negligence
Vicarious liability - ✔️✔️person or institution is liable for the negligent acts of another
because of a special relationship between the two parties
Emergency Medical Treatment and Active Labor Law - ✔️✔️COBRA, anti-dumping
laws, controls patient transfer
Americans with Disabilities Act - ✔️✔️fair treatment of people with disabilites
Patient Self Determination Act - ✔️✔️a medicare and medicaid amendment, health
care decisions, accept or refuse treatment, advance health care directives
HIPPA - ✔️✔️ensure confidentiality of patient's health information
Child abuse - ✔️✔️the nurse must report this
Assault - ✔️✔️causing a person fear that they will be hurt or touched
Battery - ✔️✔️unauthorized or harmful touching of a person