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This Concept Map, created with IHMC CmapTools, has information related to: legal issues in nursing, Civil criminal negligence act is deemed so reckless that the action results in serious injury or death to the patient., Intentional Torts intentional infliction of emotional distress, Intentional Torts false imprisonment (AMA), Intentional Torts defamation of character (slander &/or libel), Statutory (violations are criminal offenses & punishible by law) Federal Reporting statutes Elder/Child abuse, specific communicable diseases, and health care professional chem. abuse., Intentional Torts Invasion of privacy (HIPPA), Intentional Torts Assault & Battery (threatening to touch or touching w/o consent), Statutory (violations are criminal offenses & punishible by law) State Nurse/patient ratio and mandatory overtime statutes, Statutory (violations are criminal offenses & punishible by law) Federal EMTALA (must take patients, regardless of ability to pay, until stablized), Statutory (violations are criminal offenses & punishible by law) Federal HIPPA, Statutory (violations are criminal offenses & punishible by law) State Nursing Practice acts, Statutory (violations are criminal offenses & punishible by law) State good samaritin laws, Proving: there was a duty of nurse to patient duty was breached Patient was harmed Causal connection between harm and nurses care special type of negligence, that is, the failure of a professional, a person with specialized education and training, to act in a reasonable and prudent manner., Statutory (violations are criminal offenses & punishible by law) State Reporting statutes Elder/Child abuse, specific communicable diseases, and health care professional chem. abuse., Statutory (violations are criminal offenses & punishible by law) Federal ADA, Civil malpractice special type of negligence, that is, the failure of a professional, a person with specialized education and training, to act in a reasonable and prudent manner., Common One important case established “affirmative duty” —the duty that nurses will exercise independent judgment to prevent harm to patients, Proving: there was a duty of nurse to patient duty was breached Patient was harmed Causal connection between harm and nurses care failure to act in a reasonable and prudent manner., Statutory (violations are criminal offenses & punishible by law) Federal The Patient Safety and Quality Improvement Act— allows certain disclosures of patient safety data, Civil gross negligence Reckless act that reflects a conscious disregard for the patient’s welfare. may be punative damages awarded