Questions and Answers 100% Pass
Statutory Laws - ✔✔Created by state legislation
- Nurse Practice act - describes and defines legal boundaries of nursing practice
Created by US Congress
- Americans with Disabilities Act (ADA) - protects the rights of the disabled within the
workplace
Administrative/ Regulatory LAw - ✔✔Decisions are made by administrative bodies
ex: BON rules and regulations; a nurse's responsibility to report unethical practice
Case/Common Law - ✔✔Decisions made in court
- informed consent
- patients right to refuse treatment
- negligence
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,- malpractice
What are the 2 types of statutory laws? - ✔✔Civil and criminal
Civil Laws - ✔✔- protects the right of individuals
- provides fair and equal treatment
- damages lead to fines or public service
Ex: Nurse is negligent
Criminal Laws - ✔✔- protect society as a whole
- felony - crime that has penalty of imprisonment for more than 1 yr or death
- misdemeanor - less serious crime with a fine or imprisonment less than 1 yr
Ex: nurse is misusing controlled substances
Tort - ✔✔Civil wrong made against a person or property
- 3 types : Intentional, quasi-intentional, unintentional
Intentional - ✔✔Willful act that violates ones rights. 3 types:
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, Assault- action that places a person in apprehension of a harmful or offensive contact
ie: gperforming surgery without signed consent
Battery- intentional touching w/o consent
ie: threatening to give injection and actually doing it
False Imprisonment - unjustified restraint of a person w/o legal warrant
Quasi-intentional - ✔✔Intent is lacking but direct cause occurs. Includes:
HIPPA- patient privacy
Slander - spoken
Libel - written
Unintentional - ✔✔Negligence - what an ordinary person would do
Malpractice - professional negligence, nurse not carrying out duty causes injury
Prudence - ✔✔The ability to govern and discipline oneself by the use of reason; skills
and good judgement is the use of resources
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