Legal Aspects Study guides, Class notes & Summaries

Tort a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability. contract action one party claims that the other party failed to fulfill an obligation and has breached their contract Common Law derived from judicial decisions Statutory Law emanates from federal and state legislatures administravtive law prescribed by administrative agencies medicaid Title XIX (Social Security Act, 1965) to make health care av...

Morality This is a code of conduct. This is a guide to behavior that all rational persons put forward for governing their behavior and describes a class of rules held by society to govern the conduct of its individual members. Morals These are ideas about what is right and what is wrong; i.e. killing is wrong, whereas healing is right. These are deeply ingrained in culture and religion and are often part of their identities. Moral Judgments These are the judgments concerned with...

Describe the legal, regulatory, and ethical responsibilities of a nurse in drug administration Explain the meaning of a controlled substance (scheduled drugs) drugs that are highly regulated because they are commonly abused Drugs are placed in the controlled substance (scheduled drugs) category because? the likelihood that the drugs in each category will be abused, causing dependency or addiction Describe the legal responsibilities for managing controlled substances as a n...

Abortion Defined as the premature termination of a pregnancy, either spontaneous or induced. Roe vs. Wade The supreme court's ruling that, within certain guidelines, women are allowed to make decisions regarding how their pregnancy will end. According to Roe vs Wade - First Trimester An abortion decision is between a woman and her physician. According to Roe vs Wade - Second Trimester The state may regulate the medical condition under which an abortion is performed. ...

accountability being held responsible; being required to answer to a situation compliance the adherence to a policy or rule covered entity an institution or group that is the subject of a regulation or law de-identify the process of removing any information from documents, or restricting electronic access to information, that a person is not authorized to receive liable limited data set a document that has had some, or all, of the patient's information re...

agent an individual who has been designated by a legal document to make decisions on behalf of another individual; a substitute decision maker trial court court where evidence is first presented to a judge or jury for decision Complaint the first pleading, in an alleged negligence action, filed in the court by the plaintiffs attorney. It is the first statement of a case by a plaintiff against the defendant and states a cause of action, notifying the defendant as to the basis of ...

beliefs what a person holds to be true, or rules that are followed that are not based on tangible proof conflict when opposing forces of incompatibility exist at the same time or place dilemma a problem for which all outcomes are either equal or all outcomes are undesirable ethics values that are used to determine moral conduct or beliefs etiquette the manner of behavior, determined by custom, that is used in social, official, or professional interactions ...

Consent This is the voluntary agreement by a person who possesses sufficient mental capacity to make an intelligent choice to allow a medical procedure and/or treatment proposed by another to be performed on him/herself. This makes a touching that otherwise would be nonconsensual to one that is consensual. Express consent This can take the form of a verbal agreement, or it can be accomplished through the execution of a written document authorizing medical care. Implied consent T...

Tort is a private injury inflicted on one person by another person for which the injured party may sue in a civil action. Most suits against police officers fall into 3 categories 1. negligence torts 2. intentional torts 3. constitutional torts Negligence torts defendants are not liable unless they foresaw or should have anticipated that their acts or omissions would result in injury to another. The key in negligence suits is the ____________________ of the ____________...

Define the term law and describe the sources from which law is derived. Law: a rule that is expected to be followed by all people and enforced by the government Sources of Law 1. common law, which is derived from the courts 2. statutory law, which is written laws that are created through legislators 3. administrative law which are regulations issued by the administrative agencies to direct the laws and activities of the executive branch, federal government, and state government. De...