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A type of civil law that involve agreements between private individuals or
the payment of compensation for failure to fulfill agreements.
What kind of statues are in place that addresses the issue of abortions in nursing?
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1. There are statues that give hospitals the right to deny admission to
abortion clients
2. Healthcare personnel have the right to refuse to participate in abortions
,What are Nursing Practice Acts?
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State Nurse Practice Acts legally defines a nurse's scope of practice and
legally controls nursing practice through licensing requirements.
- May differ from state to state
What is credentialing?
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The process of determining and maintaining competence in nursing
practice
What is the difference between assault and battery?
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Assault: Any threat or attempt to touch another individual unjustifiably
Battery: Willful touching of an individual that may or may not cause harm to
the other
What are the 6 elements that must be presented for a case to prove nursing
professional negligence has taken place?
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1. Duty: Nurse must have a relationship with client that involves providing
care
2. Breach of Duty: Nurse did not do a standard of care expected
3. Foreseeability: A link must exist between the nurse's actions and the injury
the client suffers from
4. Causation: Harm that is occurred as a direct result of the nurse's failure to
follow standard of care
5. Harm or Injury: Client must demonstrate some type of harm or injury as
resulted from breach of duty
6. Damages: The nurse is liable for damages that may be compensated
What is the nurse's responsibility and role regarding informed consent?
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A nurse's signature confirms 3 things
1. The client gave consent voluntarily
2. The signature is authentic
3. The client appears competent enough to give consent
- Must make sure client understands all the procedures and needs to notify
provider if they do not
- Clients have the right to refuse even after obtaining consent; must notify
the provider and document the refusal
What is common law?
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