Week 2: The legal context for practice (part 2) Flashcards Preview

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Flashcards in Week 2: The legal context for practice (part 2) Deck (34)
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1
Q

Non-intentional tort: a defendant must owe a ____ ___ ____ to the plaintiff either personally or as a member of a class.

A

duty of care

2
Q

Negligence types?

A

Commission - did something wrong

Omission - didn’t do something (didn’t know, turned a blind eye, or just didn’t do it)

3
Q

In healthcare, _________ ____(part of civil law) related to the right of a pateint to refuse or consent to care.

A

Intentional tort

4
Q

Intentionally and voluntarily causing the reasonable apprehension of an immediate harmful contact

A

assault

5
Q

Intentional application of force without consent

A

battery

6
Q

No injury is needed for it to be considered _______

A

assault

7
Q

What are the defenses against assault and battery?

A

Consent - express or implied
Necessity - e.g. emergency (harm or death would have occurred)
self-defense

8
Q

Refers to deviation from a standard of care of professional colleges

A

negligence

9
Q

What is the most common reason for negligence charges in nursing?

A

nurses non-intentional failure to adhere to practice standards

10
Q

Trial for negligence often requires ______ witnesses.

A

expert

11
Q

Negligence:

  • may occur from ______ or ________ of act
  • compared to ______ __ _____
  • often times need an ______ witness
A

commission, omission

expert

12
Q

What are the elements of negligent action?

A

Duty
Breach of duty
Injury or loss

13
Q

An act is not considered negligent if no _____ came about.

A

harm

14
Q

To be found liable for negligence, four elements must be considered. What are they?

A

Was there duty of care?
What was the standard of care?
Was there proximate cause?
Did the plaintiff at all contribute to the damage?

15
Q

Damage closely linked to actions of nurse

A

Proximate cause

16
Q

Damages resulted in part due to the contribution of the plaintiff.

A

Contributory cause

17
Q

Type of negligence where a health professional failed to observe and adhere to appropriate standard of care for a given act or procedure

A

Malpractice

18
Q

Negligence involving professionals

A

malpractice

19
Q

Negligence associated with doing nothing/something with reckless disregard for the lives or safety of other persons

A

Criminal negligence

20
Q

In addition to meeting the criteria for negligence, to be charged with criminal negligence you must also?

A

Completely disregard the consequences
Fail to recognize risk or recognize and choose to proceed anyway
Action/inaction caused death or bodily harm

21
Q

The act of doing or failing to do something that is a breach of accepted ethical and professional standards of behaviour, or that is contrary to the public interest

A

Professional misconduct

22
Q

Malpractice is almost always _______ _____, but not vice versa

A

professional misconduct

23
Q

Statements that have been formalized to guide actions in accomplishing the objectives of the organization

A

policies

24
Q

Series of steps in a chronological order of required action, they describe in detail the exact manner in which certain activities or actions must be accomplished

A

Procedures

25
Q

Series of steps in a chronological order of required action, they describe in detail the exact manner in which certain activities or actions must be accomplished

A

Procedures

26
Q

What are advantages of procedures?

A

Promote efficiency, safety and consistency in accomplishing tasks

27
Q

What are disadvantages of procedures?

A

Situations/pt needs may change and not fit within instructions
Fear of punishment for not strictly adhering
Reduced autonomy

28
Q

The same standard of care applies to the _____ and the ______ nurse.

A

beginner, expert

29
Q

What are the two essential components of the college’s definition of incapacity?

A

Nurse must have a physical/mental condition or disorder; and
The condition or disorder must warrant some restrictions on the nurse’s practice or that he or she not be permitted to practice

30
Q

We must legally report incapacity.

A

yes

31
Q

Liability for the wrong-doing of another

A

vicarious liability

32
Q

Vicarious liability:
- arises from ______-________ relationship
Most common - employer is found liable for the ____ of an employee

A

employer-employee

tort

33
Q

Vicarious liability

  • employers may be held vicariously liable for employees who fail to meet minimal “_____ __ _____”
  • doctors are not liable for _____ of nurses committed while carrying out MD orders (hospital vicariously liable); but MD may be personally ________ if pt injured/harmed by nursing action if MD orders were found to be _______
A

standard of care
tort
liable; negligent

34
Q

The standard of care are based on what?

A

Conduct expected of a nurse exhibiting reasonable judgement in a similar circumstance
CNO standards/policies
policies and procedures of organization