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