Legality and Ethics

Question 1

What does primary care involve?

Answer 1

Early detection, routine care, physician’s offices

Question 2

What does preventative care involve?

Answer 2

Prevention, education, schools

Question 3

What does secondary care involve?

Answer 3

Emergency treatment, critical care, hospitals

Question 4

What does tertiary care involve?

Answer 4

Special care and cancer care centers

Question 5

What does restorative care involve?

Answer 5

Follow-up care, rehabilitation, home health care

Question 6

What continuing care involve?

Answer 6

Long-term care, assisted living, adult day care, hospice

Question 7

What are the reasons for health care accreditation and certification?

Answer 7

To demonstrate quality and safety. To evaluate performance, identify problems, and develop solutions.
Accreditation is earned by the entire organization, where as specific programs or services with an organization earn certifications.

Question 8

What are the sources of law?

Answer 8

Statutory law (legal boundaries of nursing)
Regulatory law (requirement to report unethical things)
Common law (negligence, malpractice, informed consent)

Question 9

What are standards of care?

Answer 9

Legal guidelines for defining nursing practice and identifying the minimum acceptable nursing care
American Nurses Association
Nurse Practice Act
Internal standards

Question 10

What do advance directives include?

Answer 10

Living wills, healthcare proxy or durable power of attorney, DNR

Question 11

What protects nurses providing care outside of work?

Answer 11

Good Samaritan Laws

Question 12

A civil wrong made against a person or property.

Deliberate acts that violate another’s rights.

Answer 12

Torts
Intentional torts
Assault, battery, false imprisonment

Question 13

Acts where the intent is lacking but violations actions and direct causations occur

Answer 13

Quasi-intentional acts.

Invasion of privacy, malice, slander, libel

Question 14

Conduct that falls below standards of care of a reasonably prudent person. Unintentional

Answer 14

Negligence

Question 15

Professional negligence, nursing care falls below a standard of care

Answer 15

Malpractice

Question 16

What is proof of negligence?

Answer 16

The nurse owed a duty to the patient.
The nurse did not carry out the duty or broke it.
The patient was injured.
The patient’s injury was cause by the nurse’s failure to carry out that duty.

Question 17

What are examples of some common negligent acts? Failure to…

Answer 17

Assess or monitor, including making a nursing diagnosis. Notify provider of significant changes in status. Follow order. Convey discharge instructions. Follow rights of med administration. Ensure patient safety. Follow policies and procedures. Properly delegate and supervise.

Question 18

Signed to allow treatment in healthcare facility.

Patient’s agreement to have medical procedure after revealing disclosure. What to disclose?

Answer 18

General consent
Informed consent
Risks, benefits, alternatives, consequences of refusal

Question 19

What is the nurse’s responsibility when getting informed consent with a client’s signature?

Answer 19

Witnessing signature. Client voluntarily gave consent, comprehends what is to be done, signature is authentic, client appears to be competent.
Nurses are not responsible for explaining the procedures.

Question 20

What about informed consent when the patient is unconscious?

Answer 20

Consent must be obtained from a person legally authorized to give it on their behalf. In emergencies, procedure may be performed without consent to benefit the patient or to save a life.

Question 21

A contract between the nurse and the insurance company.

Answer 21

Malpractice insurance. Provides defense when a nurse is in a lawsuit involving negligence or malpractice insurance. Nurses covered by institution’s insurance while working.

Question 22

What are examples of abandonment and assignment issues?

Answer 22

Short staffing
Floating (based on census load and patient acuities)
Physician’s orders (nurses follow orders unless they believe an order is given in error or is harmful)

Question 23

A system of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them before harm occurs. Steps involved?

Answer 23

Risk management

Identify possible risks, analyze risks, act to reduce risks, evaluate steps taken

Question 24

What does occurrence or incident reporting do? Explain further

Answer 24

Serves as a database for further investigation. Alerts risk management for a potential claim situation. Confidential. Agencies have specific guidelines on how to complete. Not a part of the patient’s chart

Question 25

The study of conduct and character that is concerned with determining what is good or valuable for individuals and society at large.

Answer 25

Ethics

Question 26

Personal beliefs about the worth of a given idea. attitude, custom, or object the set standards that influence behavior.

Answer 26

Values

Question 27

Commitment to include patients in decisions.

Taking positive actions to help others.

Answer 27

Autonomy

Beneficence

Question 28

Avoidance of harm or hurt.
Being fair
Agreement to keep promises

Answer 28

Nonmaleficence
Justice
Fidelity

Question 29

What does the nursing code of ethics include?

Answer 29

Advocacy, responsibility, accountability, and confidentiality

Question 30

Ethics committees?

Answer 30

Multidisciplinary and serve several purposes: education, policy recommendation, and case consultation. Any person involved in an ethical dilemma can request access to an ethics committee.