Test Bank For Nursing Now 8th Edition Today's Issues,
Tomorrows Trends By Joseph T. Catalano
Statutes - ANSWER: law passed by a government's legislature and signed by its chief
executive
Ordinances - ANSWER: local or municipal law
Common Law - ANSWER: law based on the past judicial judgements made in similar
cases
Precedence - ANSWER: decision previously issued by a court that is used as the basis
for a decision in another case with similar circumstances
Malfeasance - ANSWER: performance of an illegal act
Criminal Laws - ANSWER: law concerned with the violation of criminal statutes or
laws
Civil Laws - ANSWER: law concerned with the violation of the rights of one individual
by another; it includes contract law, treaty law, tax law, and tort law
Tort - ANSWER: violation of the civil law that violates a person's rights and causes
injury or harm to the individual. Civil wrong independent of an action in contract that
results from a breach of legal duty.
Unintentional Tort - ANSWER: a wrong occurring to a person or that person's
property even though it was not intended; negligence
Negligence - ANSWER: omission of an act that a reasonable and prudent person
would perform in a similar situation or the commission of something a reasonable
person would not do in that situation
Nonfeasance - ANSWER: type of negligence that occurs when a person fails to
perform a legally required duty
Malpractice - ANSWER: a type of negligence for which professionals can be sued. The
standard for nurses, is what a reasonable and prudent nurse would do in the same
situation
Four elements required for a claim of negligence - ANSWER: 1. A duty was owed to
the client (professional relationship)
2. The professional violated the DUTY and failed to conform to the standard of care
(breach of duty)
3. The professional's failure to act was the proximate cause of the resulting injuries
,4. Actual injuries resulted from the breach of duty (damages)
Intentional tort - ANSWER: a willful act that violates another person's rights or
property
Assault - ANSWER: an overt threat to violate a person's right to self determination or
an overt threat of bodily harm coupled with an apparent, present ability to cause
harm.
Battery - ANSWER: nonconsensual touching of another person that does not
necessarily cause harm or injury
False Imprisonment - ANSWER: illegally confining or restricting a client against his or
her will
Abandonment - ANSWER: leaving a client without the client's permission;
terminating the professional relationship without providing the appropriate
continued or follow-up care by another equally qualified professional
Quasi-intentional tort - ANSWER: a violation of a person's reputation or personal
privacy
Defamation of character - ANSWER: communication of information that is false or
detrimental to a person's reputation
Slander - ANSWER: spoken defamation of character
Libel - ANSWER: written defamation of character
Privileged communication - ANSWER: information imparted by a client to a
physician, lawyer, or clergyman that is protected from disclosure in a court of law.
Communication between a nurse and client is not legally protected, but nurses can
participate in privileged communication when they overhear information imparted
by the client to the physician
Invasion of privacy - ANSWER: type of quasi-intentional tort.
1. an act that intrudes into the the seclusion of the client
2. intrusion that is objectionable to a reasonable person
3. an act that intrudes into private facts or published a facts or pictures of a private
nature
4. public disclosure of private information
Confidentiality - ANSWER: right of the client to expect the communication with a
professional to remain unshared with any other person unless a medical reason
exists or unless the safety of the public is threatened
, Statute of limitations - ANSWER: specific time period in which a lawsuit must be filed
or a crime must be prosecuted; most nursing or medical lawsuits have a 2-year
statute of limitation from the time of discovery of the incident
hearsay testimony - ANSWER: evidence not based on personal knowledge of the
witness and usually not allowed in courts
summary judgement - ANSWER: decision by a judge in cases in which no facts are in
dispute
Compensatory damages - ANSWER: awards that cover the actual cost of injuries and
economic losses caused by the injury in a lawsuit including all medical expenses
related to the injury and any lost wages or income that resulted from extended
hospitalization or recovery period (Actual Damages)
General damages - ANSWER: monetary awards in a lawsuit for injuries for which the
exact dollar amount cannot be calculated, including pain and suffering, loss of
companionship, shortened life-span, loss of reputation, and wrongful death
Punitive damages - ANSWER: money awarded in a law suit in addition to
Compensatory and General Damages when the actions that caused the injury to the
client were judged to be willful, malicious, or demonstrated an extreme measure of
incompetence and gross negligence. Purpose is to "punish" the plaintiff and deter
him or her from ever acting in the same way again. (Exemplary Damages)
Treble damages - ANSWER: a provision in the laws of some states that allows the
judge, in certain instances, to triple the actual damage award amount as an
additional form of punitive damages in a law suit
Normal damages - ANSWER: money awarded when the law requires a judge and jury
to find a defendant guilty but no real harm happened to the plaintiff. The award is
usually very small, generally in the sum of $10.00
Special damages - ANSWER: money awarded to the plaintiff for out-of-pocket
expenses related to the trial. It would over the expenses of travel to and from court,
use of special assistive equipment, and special home health-care providers and other
expenses that are not covered under the actual damages
Good Samaritan Act - ANSWER: Law that protects health-care providers from being
charged with contributory negligence when they provide emergency care to persons
in need of immediate treatment
Living Will - ANSWER: signed legal document in which individuals make known their
wishes about the care they are to receive if they should become incompetent at a
future date; it usually specifies what types of treatments are permitted and what
types are to be withheld
Tomorrows Trends By Joseph T. Catalano
Statutes - ANSWER: law passed by a government's legislature and signed by its chief
executive
Ordinances - ANSWER: local or municipal law
Common Law - ANSWER: law based on the past judicial judgements made in similar
cases
Precedence - ANSWER: decision previously issued by a court that is used as the basis
for a decision in another case with similar circumstances
Malfeasance - ANSWER: performance of an illegal act
Criminal Laws - ANSWER: law concerned with the violation of criminal statutes or
laws
Civil Laws - ANSWER: law concerned with the violation of the rights of one individual
by another; it includes contract law, treaty law, tax law, and tort law
Tort - ANSWER: violation of the civil law that violates a person's rights and causes
injury or harm to the individual. Civil wrong independent of an action in contract that
results from a breach of legal duty.
Unintentional Tort - ANSWER: a wrong occurring to a person or that person's
property even though it was not intended; negligence
Negligence - ANSWER: omission of an act that a reasonable and prudent person
would perform in a similar situation or the commission of something a reasonable
person would not do in that situation
Nonfeasance - ANSWER: type of negligence that occurs when a person fails to
perform a legally required duty
Malpractice - ANSWER: a type of negligence for which professionals can be sued. The
standard for nurses, is what a reasonable and prudent nurse would do in the same
situation
Four elements required for a claim of negligence - ANSWER: 1. A duty was owed to
the client (professional relationship)
2. The professional violated the DUTY and failed to conform to the standard of care
(breach of duty)
3. The professional's failure to act was the proximate cause of the resulting injuries
,4. Actual injuries resulted from the breach of duty (damages)
Intentional tort - ANSWER: a willful act that violates another person's rights or
property
Assault - ANSWER: an overt threat to violate a person's right to self determination or
an overt threat of bodily harm coupled with an apparent, present ability to cause
harm.
Battery - ANSWER: nonconsensual touching of another person that does not
necessarily cause harm or injury
False Imprisonment - ANSWER: illegally confining or restricting a client against his or
her will
Abandonment - ANSWER: leaving a client without the client's permission;
terminating the professional relationship without providing the appropriate
continued or follow-up care by another equally qualified professional
Quasi-intentional tort - ANSWER: a violation of a person's reputation or personal
privacy
Defamation of character - ANSWER: communication of information that is false or
detrimental to a person's reputation
Slander - ANSWER: spoken defamation of character
Libel - ANSWER: written defamation of character
Privileged communication - ANSWER: information imparted by a client to a
physician, lawyer, or clergyman that is protected from disclosure in a court of law.
Communication between a nurse and client is not legally protected, but nurses can
participate in privileged communication when they overhear information imparted
by the client to the physician
Invasion of privacy - ANSWER: type of quasi-intentional tort.
1. an act that intrudes into the the seclusion of the client
2. intrusion that is objectionable to a reasonable person
3. an act that intrudes into private facts or published a facts or pictures of a private
nature
4. public disclosure of private information
Confidentiality - ANSWER: right of the client to expect the communication with a
professional to remain unshared with any other person unless a medical reason
exists or unless the safety of the public is threatened
, Statute of limitations - ANSWER: specific time period in which a lawsuit must be filed
or a crime must be prosecuted; most nursing or medical lawsuits have a 2-year
statute of limitation from the time of discovery of the incident
hearsay testimony - ANSWER: evidence not based on personal knowledge of the
witness and usually not allowed in courts
summary judgement - ANSWER: decision by a judge in cases in which no facts are in
dispute
Compensatory damages - ANSWER: awards that cover the actual cost of injuries and
economic losses caused by the injury in a lawsuit including all medical expenses
related to the injury and any lost wages or income that resulted from extended
hospitalization or recovery period (Actual Damages)
General damages - ANSWER: monetary awards in a lawsuit for injuries for which the
exact dollar amount cannot be calculated, including pain and suffering, loss of
companionship, shortened life-span, loss of reputation, and wrongful death
Punitive damages - ANSWER: money awarded in a law suit in addition to
Compensatory and General Damages when the actions that caused the injury to the
client were judged to be willful, malicious, or demonstrated an extreme measure of
incompetence and gross negligence. Purpose is to "punish" the plaintiff and deter
him or her from ever acting in the same way again. (Exemplary Damages)
Treble damages - ANSWER: a provision in the laws of some states that allows the
judge, in certain instances, to triple the actual damage award amount as an
additional form of punitive damages in a law suit
Normal damages - ANSWER: money awarded when the law requires a judge and jury
to find a defendant guilty but no real harm happened to the plaintiff. The award is
usually very small, generally in the sum of $10.00
Special damages - ANSWER: money awarded to the plaintiff for out-of-pocket
expenses related to the trial. It would over the expenses of travel to and from court,
use of special assistive equipment, and special home health-care providers and other
expenses that are not covered under the actual damages
Good Samaritan Act - ANSWER: Law that protects health-care providers from being
charged with contributory negligence when they provide emergency care to persons
in need of immediate treatment
Living Will - ANSWER: signed legal document in which individuals make known their
wishes about the care they are to receive if they should become incompetent at a
future date; it usually specifies what types of treatments are permitted and what
types are to be withheld
