Flashcards in Legal and Ethical Issues Related to the Profession of Nursing - Lecture 2 Deck (58):
Study of conduct and character
Values and beliefs that guide decision making
Lasting beliefs or attitudes about the worth of someone, something, or an object and typically drives ones actions
Are opinions that are thought to be true and may be judged as incorrect or correct
Feelings toward an object, person or idea
What are the four sources of Law?
What two sources of Law are we more focused on as it pertains to nursing?
Statutory Law and Administrative Law
The supreme law of the country
A law enforced by any legislative body; it defines and regulates nursing laws
Delegates, interprets, implements, and enforces laws that are set by state legislation. ex. nurse state practice laws
Court decisions that resolve disputes between two parties from previously decided cases. The body of law that evolves from court decisions
Standards of what is right or wrong
The state of being independent and self-directed, without outside control, to make one's own decision
Autonomy / Self Determination
The moral obligation to do good or to implement actions that benefit clients and their support people. The action of helping and doing good for others.
A moral principle that holds that one should tell the truth and not lie
A moral principle that obligates the individual to be faithful to agreements
A standard of care that is expected in the specific situation but the nurse did not observe; failure to act reasonable; failed or deviated from the standard of care
Breach of Duty
The duty to do no harm or infliction the least harm possible to reach a beneficial outcome.
Acting in the best interest of the patient, and do so by being;
supporting informed decisions
recognizing the rights and values of the patient and the family takes precedence.
Consent that is assumed in an emergency when consent can not be obtained from a client or a relative.
A formal statement of a group's ideals and values; a set of ethical principles shared by members of a group, reflecting their moral judgements and serving as a standard for professional actions.
Code of Ethics
The quality or state of being legally responsible for one's obligations and actions and to make financial restitution for wrongful acts.
A legal term meaning "let the master answer": an employer assumes responsibility for its employees
Can only be delegated tasks that they are trained to perform
Unlicensed Assistive Personnel
The process of determining and maintaining competence in practice, includes licensure, registration, and certification
Concern for others
the nurse must have (or should have) a relationship with the client that involves providing care and following an acceptable standard of care
A civil wrong committed against a person or a peron's property
Intentionally doing wrong against a person and their property. examples are assault, battery, fraud, false imprisonment
French for a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.
A fact that must be proven that the harm occurred as a direct result of the nurse's failure to follow the standard of care and the nurse could have known that the failure to follow would result in harm
Causation (proximate cause)
Protects the Client ; has two part internal and external
Standard of Care
A variety of legal and lay documents that allow individuals to specify aspects of care they wish to receive should they become unable to communicate
A document that states medical treatments the client chooses to omit or refuse in the event that the client is unable to make the decisions.
Document that identifies a person who is the health care power of attorney to make decisions for someone is who is unable to do it themselves
Health Care Proxy
Identifies and enforces regulations, exposure to hazards, and specific standards
OSHA (occupational safety and health act)
Identifying information about a patient; social security number, name, address, phone number, website address, fingerprints
HIPAA (Health Insurance Probability and accountability ACt 1996)
A role of the nurse in which he/she identifies and assesses causes of violence against others' and in every case the situation must be reported.
the ability and willingness to assume responsibility for one's actions and to accept the consequences of one's behavior
The specific accountability or liability associated with the performance of duties of a particular role.
the use of some form of substantiation in making clinical decisions
Evidence - Based Practice
What are the 3 roles of a nurse when getting consent form signed by a client?
1. Patient's consent was voluntary
2. signatures' authentic (the person is who they say thy are)
3. Patient appears competent to give consent
Why should a nurse have liability insurance?
to protect oneself in case of any legal action being taken against them, as a nurse
a type of tort that is defined as being a threat ; intentionally threatening to harm a patient unjustifiably or in an offense manner.
a type of tort that is defined as intentionally touching a patients body, clothing, or anything attached to the patient without consent in a rough manner; unauthorized touching
a type of tort in which false derogatory critical or disrespectful attitude information is stated orally.
a type of tort in which false derogatory critical or disrespectful attitude information is stated in writing.
A type of tort disclosing confidential information about a patient to an inappropriate person
Invasion of Privacy
A type of tort that one is intentionally preventing movement or restraining a patient without consent or the authority to do so
a type of tort that one engages in purposeful misrepresentation or reckless disregard of the truth to produce unlawful gain.
An incident report is the occurrence of any event
that is considered an accident or unusal occurence
Who should complete an incident report and what steps should be taken after an incident has occurred?
A nurse should complete it
1. assess the patient
2. call the health care provider
3. only state facts
4. include patient quotes, list witnesses, clearly identify equipment and medication
5. Don't clean computerized equipment
The primary concern of the nurse after an incident has occurred must be
To make all the FACTS available to agency personnel, to contribute to statistical data about accidents or incidents and to help health personnel prevent future incidents or accidents.
What should the nurse do when staffing is inadequate
A nurse can not walk out when staffing is inadequate (abandonment). Prioritize assignments and delegate to family and UAP wisely things that they can help with. Be a team player and be positive. You are obligated to report the situation to administration and in the instance of chronic understanding you can report the situation to the NC Board or Nursing.
What should a nurse do when she is required to float to an unfamiliar area of the hospital?
Legally you can not refuse to float, but you do not assume responsibilities beyond your level of experience or qualification. Notify your supervisory any lack of experience.
Name some key elements of the ANA Code of Ethics
To promote Health, to prevent illness, to restore and alleviate suffering.
1. to inform the public about the minimum standard of the profession and help them understand professional nursing conduct.
2. provide a sign of the professions commitments to the public it serves.
3. Outline major ethical considerations of the profession.