Ch 8 ksw.pptx - Nursing Law and Liability Joseph T Catalano Legal Aspects of Nursing \u2022 Laws man-made rules that regulate human social conduct in a

Ch 8 ksw.pptx - Nursing Law and Liability Joseph T Catalano...

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Nursing Law and Liability Joseph T. Catalano
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Legal Aspects of Nursing Laws: man-made rules that regulate human social conduct in a formally prescribed and legally binding manner.
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Hierarchy of Law Natural law: the inherent tendency that humans have to take actions that follow our nature and purpose as human beings; based on the idea to promote good and avoid evil. Aimed at the preservation of society Basic concepts similar to those found in the deontological ethical system
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Hierarchy of Law (cont’d) Criminal law: law that regulates conduct considered offensive against the general public because it harms the welfare of society as a whole. Murder, robbery, rape, larceny, embezzlement, and so on Prosecuted by the state, not by individuals The State vs. John Doe Violations are called crimes Violations result in prison, fines, or death
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Hierarchy of Law (cont’d) Statutory law: law that arises from formal legislative enactments or from other legal entities with legislative power.
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Hierarchy of Law (cont’d) Common law: law regulating human social conduct as expressed in judicial decisions that interpret cases raised in disputes taken to court. Based on precedent Uniquely American
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Hierarchy of Law (cont’d) Types of crimes Felony: crime of a serious nature that usually carries a penalty of imprisonment of more than 1 year, fine of more than $10,000, or death.
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Hierarchy of Law (cont’d) Misdemeanor : crime of a less serious nature than a felony; punishable by a fine of less than $10,000; jail time less than 1 year. Level of crime is determined by the legislature
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Hierarchy of Law (cont’d) Civil law: Law that protects the legal rights and enforces the legal duties of private persons (or groups of persons).
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Hierarchy of Law (cont’d) Examples of civil law Contract law Treaty law Marriage law Tort law
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Tort Law Three types of torts Intentional torts: willful acts that violate another person’s rights or property—usually physical acts; may result in a crime. Assault: saying or doing something that will make a person genuinely fear that he or she will be touched without consent (threat). Battery: unconsented touching of a person, or anything he or she is wearing or holding, or anything that is attached to him or her, without the person’s permission; does not have to cause injury.
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Tort Law (cont’d) Intentional torts (cont’d) False imprisonment: making a person stay in a place against his or her wishes; can be verbal, physical, or chemical. Intentional infliction of emotional distress: the use of extreme or outrageous conduct that causes severe emotional distress in the patient or family. Conversion of property: interference by the nurse with the right to possession of the patient’s property by either intermeddling or destroying the property.
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Tort Law (cont’d) Quasi-intentional torts: violation of a person’s reputation, personal privacy, or freedom from malicious or unfounded legal prosecution.
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