Chapter 7: Legal dimensions of nursing practice
Which is the correct term for the nursing action: a nurse falsely imprisons a patient by an unauthorized use of restraints.
Tort Rationale: A tort is a wrong committed by a person against another person or that person's property. False imprisonment is an intentional tort.
True/False: In all health care agencies, informed and voluntary consent is needed for admission, for specialized diagnostic procedures or medical-surgical treatment, and for any experimental treatments or procedures.
True
True/False: The state nurse practice act is the most important law affecting nursing practice.
True Rationale: The state nurse practice act is the most important law affecting nursing practice. Each nurse practice acts protects the public by broadly defining the legal scope of nursing practice.
Defendant
person being accused of a crime
Intentional torts
Assault and battery Defamation of character Invasion of privacy False imprisonment Fraud
Recommendations for nurse defendant
Do not discuss the case with those involved in it. Do not alter patient records. Cooperate fully with your attorney. Be courteous on witness stand. Do not volunteer any information.
True/False: A body of law known as statutory law has evolved from accumulated judiciary decisions.
False Rationale: A body of law known as common law has evolved from accumulated judiciary decisions. Most law involving malpractice is common law.
Plaintiff
The person bringing charges in a lawsuit
Private Law
civil law; regulates relationships among people
Criminal law
concerns state and federal criminal statutes Defines criminal actions (murder, theft)
Administrative law
empowered by executive officers
Statutory law
enacted by a legislative body
Public law
government is directly involved; regulates relationships between individuals and government
Common law
judiciary system reconciles controversies, creates body of common law
Unintentional torts
negligence and malpractice
Litigation
process of bringing and trying a lawsuit
Constitutions
serve as guides to legislative bodies
Law
standard or rule of conduct established and enforced by government Designed to protect the rights of the public.
