Professional Development Nursing Test Two

Natural law Criminal law Statutory law Common law Felony Misdemeanor Level of crime is determined by the Civil law Examples of civil lar Intentional tort Assault In the inherent tendency humans have to take actions to follow nature and purpose as human beings. Aimed at preserving society. Related to deontological Law that regulates conduct considered offensive against general public. Prose- cuted by the state. Violations are called crime Law that raises from formal legislative enactments or other legal entities with legislative power Law regulating human social conduct as expressed in judicial decisions that in￾terpret cases raised in disputes taken to court. Based on precedent. Uniquely American Crimes in serious nature that usually re- sults in prisoner more than one year, 10,000 fine, death Crime less serious punishable by a fine of less than 10,000; jail time less than one year Legislative Law that protects legal rights and en￾forces the Marriage law, treaty law, tort law, contract law Willful act that violates another person's right or property; usually physical result￾ing in a crime Type of intentional tort law. Saying or do￾ing something that will make a person fear that he or she will be touched without consent Professional Development Nursing Test Two 2 / 8 Battery False imprisonment Intentional infliction of emotional distress Conversion of property Quasi Intentional torts Defamation of character Slander Libel Invasion of privacy Invasion of propery is not an Breach of confidentiality Type of intentional tort. Unconsented touching of a person, anything they are holding, or anything they are attached to. Does not have to cause injury Intentional tort. Making a person stay in a place against their wishes. Can be ver- bal, physical, or chemical. (forces to stay in hospital.) Intentional tort. The use of extreme con- duct that causes severe emotional dis￾tress in the patient or family Intentional tort. Interference by the nurse with the right to possession of the pa￾tient's property by either intermeddling or destroying the property. Violations of a persons reputation, priva- cy, and freedom from malicious or un￾founded legal prosecution. Have charac￾teristics of both torts Quasi intention tort. Sharing of informa￾tion the unintentionally harms a person's reputation Quasi Intentional Tort.Oral defamation of character that it intentional and malicious Quasi Intentional Tort. Written defama￾tion that is intentional and malicious Quasi intentional. Violation of a persons right to keep information about self, fam￾ily, and property scrutiny Absolute right. May be required by law to breach in certain situations. (ie. rape, abuse, stabbing, gunshot.) Revealing information obtained from a privileged communication Professional Development Nursing Test Two 3 / 8 Privileged communication A person cannot be forced under law to reveal information gained by The legal system does or does not rec- ognize nurses in privileged communication Unintentional torts Malpractice To prove malpractice the patient must show Legal liability Compensatory damages Punitive damages A special type of privacy that exists in certain professional relationships where it is a violation to breach and would de- stroy trust and confidence in the profes- sion. (Lawyer, Physician, Priest) Privileged communication Does not A wrong occurring to another leading to injury even though it was not intended; same as negligence (standard). Professional negligence; failure to act as a competent and caring nurse (higher standard) A wrong occurred because of a profes- sionals failure to -Must be working in professional capacity-paid or volunteered -Wrong must be demonstrated -The wrong must be shown to have been caused by the failure of the professional to act as a reasonable and prudent mem- ber of the profession Occurs if a person is found guilty of any tort Cost of the act incurred because of the negligent act Money award beyond to push the violator and send a message that is unaccept- able; tend to much greater amounts of money