Fundamentals of Nursing Ch 7: Legal Dimensions of Nursing Practice Key Term
felony
(1) crime punishable by imprisonment in a state or federal penitentiary for more than 1 year (2) crime of greater offense than a misdemeanor
whistle-blower
a person who informs on a person or organization engaged in an illicit activity.
malpractice
act of negligence as applied to a professional person such as a physician, nurse, or dentist
defamation of character
an intentional tort in which one party makes derogatory remarks about another that diminishes the other party's reputation; slander is oral defamation of character, libel is written defamation of character
sentinel event
an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof
battery
assault that is carried out
misdemeanor
crime of lesser offense than a felony and punishable by fines, imprisonment (usually for less than 1 year) or both
credentialing
general term that refers to ways in which professional competence is maintained
slander
is oral defamation of character
libel
is written defamation of character
statutory law
law enacting by a legislative body
common law
law resulting from court decisions that is then followed when other cases involving similar circumstances and facts arise; common law is binding as civil law
liability
legal responsibility for one's acts (and failure to act); includes responsibility for financial restitution of harms resulting from negligent acts
expert witness
nurse who explains to the judge and jury what happened based on the patient's record and who offers an opinion as to whether the nursing care met acceptable standards of practice.
fact witness
nurse who has knowledge of the actual incident prompting a legal case; bases testimony on firsthand knowledge of the incident, not on a assumptions
crime
offense against people of property the act is considered to be against the government, referred to in a lawsuit as "the people" and the accused is prosecuted by the state
negligence
performing an act that a reasonably prudent under similar circumstances would not do, or failing to perform an act that a reasonably prudent person under similar circumstances would do
plaintiff
person or government bringing a lawsuit against another
certification
process bu which a person who has met certain criteria established by a nongovernmental association is granted recognition
accreditation
process by which an educational program is evaluated and then recognized as having met certain predetermined standards of education
litigation
process of a lawsuit
defendant
the one being accused of a crime of tort
assault
threat or an attempt to make bodily contact with another person without that person's permission
licensure
to be given a license to practice nursing in a state or province after successfully meeting requirements
tort
wrong committed by a person against another person or that person's property