Legal & Ethical Ch 2 Flashcards Preview

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Flashcards in Legal & Ethical Ch 2 Deck (73):
0

What does LAWS prescribe?

Proper behavior in society.
They sanction acceptable behavior and prohibit unacceptable behavior.
It's important for you to have a basic understanding of the legal system

1

What are the two basic categories of law:

Criminal and civil

2

Laws are established in one of two ways

Develop statutory law
Common law

3

Precedent

Previous rulings on an issue

4

Civil litigation
(And where does it begin)

A lawsuit in a civil court
Begins in the plaintiff

5

Plaintiff

The complaining party

6

Prelitigation panel does what?

Precedes the actual loading in court depending on the specific state law

7

Complaint

The defendant states the facts involved in the case, defines the legal issues the case raises, and outlines the damages

8

Liable

Legally responsible

9

Summons

A court order that notifies the defendant of the legal action

10

Answer

A detailed response to the charges outlined in the complaint

11

Discovery

A pretrial process allowing both sides to interview witnesses

12

Deposition

Question and answer session under oath

13

Interrogatory

A written question that one party sends to the other party, to which an answer is obligatory

14

Request for production of documents and things

An instrument for discovering and obtaining such documents as policies and procedures, standards of care, medical records, assignment sheets. Personnel files, equipment maintenance records, birth certificates, marriage certificates, medical bill, and other documents pertinent to the issues at hand

15

Verdict

A decision,
Based on facts of the case, the evidence and testimony presented

16

Appeal

Request a review of the decision
Higher court review the decision

17

Accountability

Being responsible for ones own actions

18

Liability

Legal responsibility

19

Advocate

One who defends or pleads a cause or issue on behalf of another

20

Standards of care

Acts whose performance is required, permitted, or prohibited

21

Scope of nursing

Give direction to you as a practicing nurse
Spelling out what you have the obligation to do,
what you have permission to do
What you are prohibited from doing for patients

22

Nurse practice acts

Laws formally defining and limiting the scope of nursing practice

23

Interstate compact

Allows multistage practice of nursing

(If a nurse is licensed in her own home state, then privileges are granted to practice in other states that have signed the interstate compact)

24

Abandonment of care

Wrongful termination of providing patient care

25

Assault

An intentional threat to cause bodily harm to another

26

Battery

Unlawful touching of another person without informed consent

27

Competency

A legal presumption that a person who has reached a age of majority can make decisions for herself or himself

28

Defamation

Spoken of written statements made maliciously and intentionally that may injure the subjects reputation

29

Harm

Injury to a person or the persons property

30

Libel

A malicious or untrue writing about another person that is brought to the attention of others

31

Malpractice

Failure to meet a legal duty, this causing harm to another

32

Negligence

A commission (doing) of an act or the omission (not doing) of an act that a reasonably prudent person would

33

Slander

Malicious or untrue spoken words about another person that are brought to the attention of others

34

Tort

Wrongs against a person or property

35

Commission

Doing an act

36

Omission

Not doing an act

37

For you to be liable of malpractice what are the four things that one of the four have to have happened?

1. Duty exists
2. Breach of the duty
3. Harm has occurred- doesn't need to be physical
4. The breach of duty was the proximate cause of the harm

38

When did the american hospital association (AHA) did what?
What is it now called?

1972
Developed that patients bill of rights

Since 2003 Now called:
The patient care partnership: understanding expectations, rights, and responsibilities

39

Health portability ad accountability act of 1996 (HIPAA)

Protect the confidentiality of all health info

The right to:
-Have access to health care without any prejudice
-Be treated with respect and dignity at all times
-To privacy and confidentiality
-To personal safety
-To complete info about ones own condition and treatment

40

Doctrine of informed consent

Full disclosure of the facts the patient needs to make an intelligent (informed) decision before any invasive treatment of procedure

41

Civil battery

Unlawful touching of a person

Battery

42

What is your duty regarding confidentiality

To protect info about a patient no matter how you come to have that info

43

Medical records

Laws govern the collection, maintenance and disclosure of info in medical records

Medical records are not public documents

Info they contain is to be kept secure

All entries are permanent, accurate, complete and legible

44

Invasion of privacy

Involves a persons right to be left alone and remain anonymous if he or she chooses

The patient does not waive the right to privacy by giving you consent to care for him or her

Do not expose the patients body parts unnecessarily, discuss the patient inappropriately, or do lose info

Using any patient info(name, photo, specific facts regarding an illness, and so on) without authorization is a violation of the patients legal rights

45

What are exceptions to the right to privacy?

Reporting abuse

46

Child abuse prevention treatment act of 1973

Made reporting abuse of child mandatory

47

How to avoid a lawsuit

- provide compassionate, competent nursing care
- follow the standards of care and adhere to the scope of practice
- proper documentation ("care was not give it it was not charted")

48

Good Samaritan laws

Provide immunity from liability in certain circumstances.
The goal of this protection(except in cases of gross negligence) is to encourage assistance in emergencies occurring outside of medical facility

49

Insurance

Obtaining insurance is an important part of being professional

50

Claims made policy

Protects you when the claim(s) for nursing or negligence is made while the policy is in force

51

Occurrence basis policy

Protects you against claims made about events that occurred during the policy period or extended coverage period

52

"Tail" agreement

Offered extended coverage for periods when a nurse is exposed to professional liabilities but no longer has a claims made policy

53

What does the disciplinary defense insurance bring you?

- qualified nurse attorney or attorney to represent you
- wage loss reimbursement
- travel, food, lodging reimbursement
- legal fees paid or reimbursement for payment

54

Ethics

Values that influence a persons behavior and he individuals feelings and beliefs about what is right or wrong
Moral values and principles that affect personal and professional conduct
Propose the duties and obligations of nurses to their patients, other health care professionals, the profession itself, and society

55

Values

Personal beliefs about the worth of an object, an idea, a costing, or an attitude

Values vary among people and culture

Develop over time and undergo change in response to changing circumstances and necessity

56

Value clarification

Process of self evaluation that helps you gain insight into your personal values

57

To clarify values, do the following: (3)

1) select the belief or behavior and consciously examine it
2) decide its value
3 incorporate that value into your set of everyday responses and behaviors

58

Ethical dilemmas

Situations that don't have a clear right or wrong answer

59

How to deal with an ethical dilemma (3)

1) identify the problem as an ethical one
2) assess the situation completely
3) consider any ethical principles that might apply to the situation

60

What is the first most fundamental principle?

Respect for people

61

Autonomy

Another ethical principle

Refers to freedom of person choice

62

Beneficence

Doing good or acting for someone's good

Another ethical principle

63

Nobmaleficence

To do no harm

Another ethical principle

64

Justice

The concept of what is fair

Another ethical principle

65

Codes of ethics

You will use both personal and precessional ethical principles to inform your professional practice

66

What does the codes of ethics specifies what will be expected of you? (5)

1) to know and function within the scope of practice for licensed LVN
2) to maintain patient confidences
3) to provide health care without discrimination
4) to maintain a high degree of professional and personal behavior
5) to take an active role in the development of LVN Profession

67

Right to refuse treatment

Competent adults have the right to refuse treatment

Living wills are one kind of advance directive

68

Health care proxy

Assign durable power of attorney to make decisions regarding medical treatment in the event that the patient becomes unable to make them

69

Do not resuscitate (DNR) order

Physician is responsible

70

Refusal to treat

Is an issue that arises when you encounter a patient whose care requires you to do something that conflicts with your own moral beliefs

71

Nonmaleficence

To do no harm

72

Euthanasia

Letting a person die