Question

Define and understand the following terminologies under legal issues in nursing (Read Adele
Pilliteri textbook, 2018)

*Wrongful birth
*Wrongful life
*Wrongful conception
*Emancpated minors or nmature minors
*informed consent
*Personal liability insurance
*Standard of care
*Essential documentation

Answer 1

Wrongful birth is a legal cause of action in some common law countries in which the parents of a congenitally diseased child claim that their doctor failed to properly warn of their risk of conceiving or giving birth to a child with serious genetic or congenital abnormalities.Wrongful birth is a type of pediatric malpractice. It occurs when a parent is not given information about potential birth defects or medical complications that could influence the parent's decision to avoid conception or terminate a pregnancy.

Wrongful life is the name given to a legal action in which someone is sued by a severely disabled child (through the child's legal guardian) for failing to prevent the child's birth. a malpractice claim brought by or on behalf of a child born with a birth defect alleging that he or she would never have been born if not for the negligent advice or treatment provided to the parents by a physician or health-care provider

Wrongful pregnancy" or "wrongful conception" for cases where a healthy but unwanted child is born, following negligent contraceptive advice by a doctor or a negligent sterilization or abortion procedure, and the parents claim damages; "wrongful birth" where such a claim is brought by the parents of an abnormal

Emancipation of minors is a legal mechanism by which a child before attaining the age of majority (sometimes called a minor) is freed from control by their parents or guardians, and the parents or guardians are freed from any and all responsibility toward the child.Emancipation of minors is a legal mechanism by which a child before attaining the age of majority (sometimes called a minor) is freed from control by their parents or guardians, and the parents or guardians are freed from any and all responsibility toward the child.^[1]Children before that age are normally considered legally incompetent to enter into contracts and to handle their own affairs. Emancipation overrides that presumption and allows emancipated children legally to make certain decisions on their own behalf.

a given procedure or intervention. The patient must be competent to make a voluntary decision about whether to undergo the procedure or intervention. Informed consent is both an ethical and legal obligation of medical practitioners in the US and originates from the patient's right to direct what happens to their body. Implicit in providing informed consent is an assessment of the patient's understanding, rendering an actual recommendation, and documentation of the process. The Joint Commission requires documentation of all the elements of informed consent "in a form, progress notes or elsewhere in the record." The following are the required elements for documentation of the informed consent discussion: (1) the nature of the procedure, (2) the risks and benefits and the procedure, (3) reasonable alternatives, (4) risks and benefits of alternatives, and (5) assessment of the patient's understanding of elements 1 through 4.

Personal liability insurance, also known as “comprehensive personal liability (CPL) insurance,” is a component of a homeownersinsurance or an umbrella insurance policy that protects the you and members of the your household against claims resulting from injuries and damage to other people or their property.Personal liability occurs in the event an accident, in or out of your home, that results in bodily injury or property damage that you are held legally responsible for. Personal liability claims could include medical bills, legal fees and more if a guest is injured on your property, as well as coverage for accidental damage you are legally responsible for on someone else’s property. If you have personal liability coverage, you may be able to avoid paying out of pocket for incidents like these, up to your coverage limits. That’s why personal liability coverage is an important component of your homeowners insurance or renters insurance policy

, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care.The degree of care (watchfulness, attention, caution, and prudence) that a reasonable person should exercise under the circumstances. If a person does not meet thestandard of care, he or she may be liable to a third party for negligence. accidents & injuries (tort law) standards of tort liability.

Essential Documents are those documentswhich individually and collectively permit evaluation of the conduct of a trial and the quality of the data produced. ... Essential Documents also serve a number of other important purposes.

Essential Study Documents Overview

• Study Protocol – signed, dated by all entities (PI, sponsor)
• Study Protocol Amendments.
• Informed Consent.
• IRB Approval(s)
• Delegate of Authority and Log of Responsibilities.
• Curriculum Vitae (CV's) current.
• Financial Disclosures.
• Protocol Training Documentation.