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Questions and Answers
What is the main characteristic of statutory law?
Which type of law is developed through judicial decisions in various cases?
In which setting would a nurse be tried for violating the Nurse Practice Act?
What is the purpose of criminal law?
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Which type of law is administered between citizen and citizen?
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What establishes administrative law?
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What are the four legal elements of negligence that must be involved to prove negligence?
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What term is used for professional negligence in the healthcare field?
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Which law prohibits workplace discrimination and identifies two forms of sexual harassment?
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What are the suggested tactics for a nurse who is a victim of sexual harassment according to the CNO?
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What should nurses do to improve workplace safety based on the text?
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What are the two forms of sexual harassment identified by Title VII of the Civil Rights Act?
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Study Notes
Statutory Law
- Characterized by laws enacted by legislative bodies, such as Congress or state legislatures.
- These laws are written and codified, offering clear guidelines and regulations.
Common Law
- Developed through judicial decisions in various cases over time.
- Reflects the precedents set by previous court rulings.
Nurse Practice Act Violation
- A nurse would be tried for violating the Nurse Practice Act in a professional or legal setting, typically in a court of law focused on healthcare regulations.
Purpose of Criminal Law
- Aims to maintain public order and safety by prosecuting individuals who commit crimes, thus protecting society from harm.
Civil Law
- Administered between citizen and citizen, addressing disputes and claims that do not involve criminal charges.
Administrative Law
- Established by governmental agencies to regulate activities and ensure compliance with laws intended to protect public welfare.
Elements of Negligence
- Four legal elements required to prove negligence:
- Duty: A legal obligation to adhere to a standard of care.
- Breach: Failure to meet the established standard.
- Causation: Direct link between the breach and the injury.
- Damages: Actual harm or loss resulting from the breach.
Professional Negligence
- Often referred to as "malpractice" in the healthcare field, involving care that falls below the accepted standard.
Workplace Discrimination Law
- Title VII of the Civil Rights Act prohibits workplace discrimination and identifies two forms of sexual harassment: quid pro quo and hostile work environment.
Tactics for Victims of Sexual Harassment
- Suggested tactics for nurses by the College of Nurses of Ontario (CNO) include documenting incidents, seeking support from colleagues, and reporting the behavior to management.
Improving Workplace Safety
- Nurses should advocate for clear policies, participate in training, and foster an environment of open communication to enhance workplace safety.
Forms of Sexual Harassment
- Two forms identified by Title VII:
- Quid Pro Quo: Unwelcome sexual advances tied to employment decisions.
- Hostile Work Environment: Unwelcome conduct that creates an intimidating, hostile, or abusive work atmosphere.
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Description
Test your knowledge on the sources of law in healthcare and nursing profession, including statutory law, common law, and administrative law. Understand how each type of law is created and applied in the field.
