Legal Terms for Nursing

Burden of Proof

Plaintiff's duty to prove an assertion or wrongdoing

Credentialing

Process of determining and maintaining competence in nursing practice. A way in which nursing profession maintains standards of practice and accountability for educational preparation of its members

License

Legal permit that a government agency grants a person to engage in the practice of a profession and to use a particular title

Standards of Care

Skills and learning commonly possessed by members of a profession. Used to protect the consumer. Evaluates the quality of care nurses provide

Liability

Quality or state of being legally responsible for one's obligations and actions and to make financial restitution for wrongful acts.

Nursing Liability

Nurse has an obligation to practice and direct the practice of others so that harm or injury to a client is prevented and standards of care are maintained.

Liability with Doctor's Orders

When caring out doctor's orders, the responsibility for the nursing activity belongs to the nurse. When a nurse is asked to carry out an activity that the nurse believes will be injurious, the nurse is to refuse to carry out the order and report this to the supervisor.

Informed Consent

An agreement by a client to accept a course of treatment or a procedure after being provided complete information -- including benefits and risks of treatment, alternatives to treatment, and prognosis if not treated

Express Consent

Consent in the form of either an oral or written agreement

Implied Consent

Exists when the individual's nonverbal behavior indicates agreement -- i.e., client positioning their body for an injection

Medical Emergency Consent

Implied consent used when an individual cannot provide express consent because of physical condition

Obtaining informed consent

Is the responsibility of the person who is going to perform the procedure.

Guidelines for providing "reasonable amount" of information required to make an informed decision

1. Purposes of the treatment
2. What the client can expect to feel or experience
3. Intended benefits of the treatment
4. Possible risks or negative outcomes of the treatment
5. Advantages and disadvantages of possible alternatives to the treatment (including no treatment)

Elements of informed consent

1. Consent must be given voluntarily
2. Consent must be given by a client or individual with the capacity and competence to understand
3. Client or individual must be given enough information to be the ultimate decision maker

Nurse's Role in Informed Consent

Nurse advocates for the client, verifying that the client received enough information to give consent. If client has questions or nurse has doubts about client's understanding, nurse must notify the doctor. Nurse is not responsible for explaining the procedure.

Delegation

Transferring to a competent individual the authority to perform a selected nursing task in a selected situation

Neglect

Absence of care necessary to maintain the health and safety of a vulnerable individual

Mandated reporting

When an identified instance of injury appears to be present and the result of abuse, neglect, or exploitation, the nurse must report the situation to the proper authorities

Crime

An act committed in violation of public law and punishable by a fine or imprisonment. The act does not have to be intended.

Negligence

Misconduct or practice that is below the standard expected for an ordinary, reasonable, and prudent person. Such conduct places another person at risk for harm