Legal Nurse Consulting Principles: A Guide to Legal Concepts and Procedures, Exams of Nursing

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Legal Nurse Consulting Principles

Constitutional Law - Is a compilation of laws principles and amendments derived from The united states and state constitutions that govern and guide federal and state goverments,corportations,society,and individuals. Statutes - laws enacted by state or federal legislatures Ordinances - pieces of legislation created by a town or city council or by a county board or commission Case Law - made when an appellate court endorses a rule to be used in deciding court cases Stare Decisis - doctrine that requires lower courts to follow existing case law in deciding similar cases Administrative agencies - governmental bodies formed to carry out particular law Civil Law - group of laws used to provide remedy for wrongs against individuals. group of laws that defines and sets punishments for offenses against society Deal with the remedies for a person or entity involve money or compensation to make the plaintiff whole again. Criminal Law - group of laws that defines and sets punishments for offenses against society. Is created to provide guidance and protection to those injured by Offenses against society.

Crime - an offense against society, an act that breaks a law and causes harm to people or society in general Procedural Law - group of laws that define the methods for enforcing legal rights and duties Substantive Law - group of laws that define rights and duties Res judicata - (a thing or matter settled by judgement) The doctrine prevents the same parties from trying a case based on the same issue in more then one civil case Res ipsa longitur - (the thing that speaks for it self) A legal doctrine commonly use in operating room cases where things have been left in abdomen or other cavities and where the patients condition is otherwise completely incontol of the person accused of negligence. This doctrine shifts the burden of proving malpractice to the defense which must disprove negligence. Ex. In Heastie v. roberts the supreme court of illinoise decided that res ipsa longitur applied to a case that a patient was alone in a room restrained when a fire broke out pt was burned the court held that expert testimony was not required to prove malpractice and that the jury was entitled to find er staff negligent in the absence of anyotherbrational explanation. Name 4 types of laws a LNC may encounter - Civil law Criminal law Contract law

Tort law Contract law - that division of law that includes enforceable promises and agreements between two or more persons to do or not to do a particular thing. 3 requirements for a contract include offer,acceptance, and consideration It can be oral or written form depending on the subject matter better in writing Tort law - It encompasses negligence, personal injury,and medical malpractice claims. Division of the legal system that deals with civil wrongs committed by one individual against another. , based on an obligation imposed by the law with no agreement needed between parties; victim prosecutes and receives compensation usually a monetary award or restitution Negligence - failure to act with the prudence that a reasonable person would exercise under the same circumstances Name four elements of negligence that must be proved to be a viable medical malpractice case. P.7 - Breach of standard Damages Duty owed A duty must be owed to the patient

There is a breach of duty or standard of care by the professional. It must then be determined if there has been an act of omission or commission that has caused damage to the patient.

3. Proximate cause or causal connection must be evident between the breech of duty and the harm or damages that have occurred to the patient/plaintiff.
4. Damages or injuries must have been suffered by the plaintiff. Quasi-intentional Torts P.8 - It involves speech(oral or written) Claim focuses on protection of an individual's interest in privacy, reputation and freedom from legal action that is unfounded. (broader) Action is greater than negligence. Invasion of privacy-HIPPA, defamation. You needed to do something to protect something else, "It happened but I wasn't in control." Intentional Torts - Harm caused by a deliberate action Category of torts that involves a wrongful act or omission of a type intended to cause harm , Assault- feat of being hurt Battery- bodily harm False imprisonment- being held and not allowed to leave. Defamation of character (slander/libel)- Can't give negative feedback about a surgeon, skills, services.

Fraud (embezzlement)- False promises ie: spinal cord injury, I promise you can walk again. Invasion of privacy , What kind of torts are these? Assault, battery, false imprisonment, violation of the right to privacy; abandonment; defamation, and intentional infliction of emotional distress, and outrage Name sources for standards - The American Nurses Association has standards of care manuals for all nurses in all aspects of nursing. Statutes and regulations also provide minimal standards Authoritative textbooks also set standards of care......many times authors are called to be Experts The state practices quidelines are also used as standards. Facility policies and procedures set standards of practice in the facility and are clearly relevant to negligence claims Many resources can be found at nurse law.com. Interrogatories - Written questions for which written answers are prepared and then signed under oath Used to "discover" information As a rule are the initial took of the discovery process.

P.24,

Varcarious liability P.15 - Occurs when the law, in certain instances, imposes liability on a principle for the acts or omissions of the agent. For example v. Liability may be placed on a employer for the acts of an employee Deposition - The testimony of a party to a lawsuit or a witness taken under oath before a trial. Compararative Negligence - Comparative negligence comes into play when both parties have failed to act reasonably

• for example, when someone speeding in dense fog hits another car that had no headlights on. In a situation where each party has some degree of negligence in causing an accident, the responsibility to the other person is reduced by one's own degree of negligence. In the example above, the driver going too fast in the fog may be 60% negligent and bear 60% of the liability, while the driver without headlights may bear 40% of the negligence and be 40% liable. Discovery - (law) compulsory pretrial disclosure of documents relevant to a case Part of the pretrail phase of a lawsuit in which each party through the law of civil procedure can request documents and evidence. Chapter 6 Name 5 core instuments in the process of discovery - 1. Interrogatories

2. Request for production
3. Deposition
4. Physical and/or medical examination
5. Requests for admission Key to discovery that it must be relevant to the subject Matter involved in the pending action. Pg. Disclosure - the process of revealing or making known, usually that which has been unknown; a revelation P. Preservation letter - Ultimately seeks to prevent the destruction of ESI 2008 The LNC should alert the attorney -client to the possible existence of these electronic formats and should discuss with the attorney the need to send a preservation letter to safeguard the destruction or deletion of such evidence. P. motion practice - A request for relief from the court. Motion is a procedural device in law to bring a limited but contested issue before a court for decision. Motions may be made at any point in administrative, criminal, or civil proceedings. Motions may be made in the form of an oral request in open court, which is then summarily granted or denied orally.

Can be dispositive or nondpositive. Nondispositive motion - Will not have this effect even if granted Ex.Is a motion to compel discovery Dispositive motion - Ex a motion for summary judgement, will end or dismiss the case Request for production - Also known as REP This Requires the other side to produce documents that have not already been given under the new discovery rules. A request that documents and things be provided for inspection. Also referred as a Request for Production or Inspection of Documents or Property. Example: Please produce any and all receipts for Acme Dry Cleaning between February 1 and February 14, 2004. motion to compel - Motion seeking the opposing party's cooperation and compliance in responding to discovery requests. motion to force the opposing party to comply with a request for discovery

Requests for Admission - Request for Admission is a request by 1 party to another party (never non party) to admit the truth of any discoverable matters or authenticate documents. Must respond within 20 days. Failure of the party to deny is treated as an admission but is amendable if failure was not in bad faith. Rule 30(b)(6) - Deposition of an organization; list subjects you want to depose and they will provide appropriate person Notice or Subpoena Directed to an Organization Three fold expectations within the rule A. The duty to designate B. the duty to substitute C. The duty to prepare This rule directs corporations, partnerships, associations, or governmental agencies to name the appropriate designee for disposition that is in a position of authority significant enough to provide key answers and information to the deposing attorney. P. Lesson One Exam Page: (Previous) 1 2 3 4 5 (Next) Question 11 Marks: 2

A law establishing the period within which a complaint must be filed is: Choose one answer. a. A summons. b. An additur. c. A remittitur. d. A statute of limitations. Question 12 Marks: 2 Arbitration is: Choose one answer. a. Reserved exclusively for labor disputes in the United States. b. Submission of a controversy to a court of law. c. Submission of a controversy to the judgment of another who is not a court. d. More expensive than most trials since more jurors are involved. Question 13 Marks: 2 A lower court is bound by sufficiently similar opinions of a higher court in the same judicial system under a doctrine commonly referred to as: Choose one answer. a. Due process of law. b. Stare decisis. c. The right to privacy. d. Eminent domain. Question 14 Marks: 2 A complaint is:

Choose one answer. a. A motion that normall - Lesson One Exam Page: (Previous) 1 2 3 4 5 (Next) Question 11 Marks: 2 A law establishing the period within which a complaint must be filed is: Choose one answer. a. A summons. b. An additur. c. A remittitur. d. A statute of limitations. Question 12 Marks: 2 Arbitration is: Choose one answer. a. Reserved exclusively for labor disputes in the United States. b. Submission of a controversy to a court of law. c. Submission of a controversy to the judgment of another who is not a court. d. More expensive than most trials since more jurors are involved. Question 13 Marks: 2 A lower court is bound by sufficiently similar opinions of a higher court in the same judicial system under a doctrine commonly referred to as: Choose one answer. a. Due process of law.

b. Stare decisis. c. The right to privacy. d. Eminent domain. Question 14 Marks: 2 A complaint is: Choose one answer. a. A motion that normally requests attorney's fees. b. A type of pleading. c. A document filed by a disgruntled defendant. d. A motion filed by the tortfeaser. Question 15 Marks: 2 A court may have jurisdiction giving it the authority to determine the rights or duties of the parties involved in a dispute. Jurisdiction over a person is known as: Choose one answer. a. In rem jurisdiction. b. Res judicata jurisdiction. c. In personam jurisdiction. d. Quasi in personam jurisdiction. Question 16 Marks: 2 It is possible for several courts in different locations to have subject matter jurisdiction over a dispute. What determines where the case will be heard? Choose one answer. a. Rules on venue.

b. The parol evidence rule. c. The counterclaim. d. The hearsay rule. Question 17 Marks: 2 An opinion that disagrees with the majority decision is called: Choose one answer. a. Concurring opinion. b. Dissenting opinion.