Legal and Ethical Issues Related to the Profession of Nursing - Lecture 2 Flashcards Preview

Nur 111 - Theory Unit 1 Exam > Legal and Ethical Issues Related to the Profession of Nursing - Lecture 2 > Flashcards

Flashcards in Legal and Ethical Issues Related to the Profession of Nursing - Lecture 2 Deck (58):
1

Study of conduct and character

Ethics

2

Values and beliefs that guide decision making

Morals

3

Lasting beliefs or attitudes about the worth of someone, something, or an object and typically drives ones actions

Values

4

Are opinions that are thought to be true and may be judged as incorrect or correct

Beliefs

5

Feelings toward an object, person or idea

Attitude

6

What are the four sources of Law?

Constitutional Law
Statutory Law
Administrative Law
Common Law

7

What two sources of Law are we more focused on as it pertains to nursing?

Statutory Law and Administrative Law

8

The supreme law of the country

Constitutional Law

9

A law enforced by any legislative body; it defines and regulates nursing laws

Statutory Law

10

Delegates, interprets, implements, and enforces laws that are set by state legislation. ex. nurse state practice laws

Administrative Law

11

Court decisions that resolve disputes between two parties from previously decided cases. The body of law that evolves from court decisions

Common Law

12

Standards of what is right or wrong

Ethical Principles

13

The state of being independent and self-directed, without outside control, to make one's own decision

Autonomy / Self Determination

14

Fairness

Justice

15

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.

Beneficence

16

A moral principle that holds that one should tell the truth and not lie

Veracity

17

A moral principle that obligates the individual to be faithful to agreements

Fidelity

18

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

19

The duty to do no harm or infliction the least harm possible to reach a beneficial outcome.

Nonmaleficence

20

Acting in the best interest of the patient, and do so by being;
assertive
protective
supporting informed decisions
recognizing the rights and values of the patient and the family takes precedence.

Patient Advocate

21

Consent that is assumed in an emergency when consent can not be obtained from a client or a relative.

Implied Consent

22

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

23

The quality or state of being legally responsible for one's obligations and actions and to make financial restitution for wrongful acts.

Liability

24

A legal term meaning "let the master answer": an employer assumes responsibility for its employees

Respondeat Superior

25

Can only be delegated tasks that they are trained to perform

Unlicensed Assistive Personnel

26

The process of determining and maintaining competence in practice, includes licensure, registration, and certification

Credentialing

27

Concern for others

Altruism

28

the nurse must have (or should have) a relationship with the client that involves providing care and following an acceptable standard of care

Duty

29

A civil wrong committed against a person or a peron's property

Tort

30

Intentionally doing wrong against a person and their property. examples are assault, battery, fraud, false imprisonment

Intentional Tort

31

French for a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.

Quasi-Intentional Tort

32

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)

33

Protects the Client ; has two part internal and external

Standard of Care

34

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

Advanced Directives

35

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.

Living Will

36

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

37

Identifies and enforces regulations, exposure to hazards, and specific standards

OSHA (occupational safety and health act)

38

Identifying information about a patient; social security number, name, address, phone number, website address, fingerprints

HIPAA (Health Insurance Probability and accountability ACt 1996)

39

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.

Mandatory Reporting

40

the ability and willingness to assume responsibility for one's actions and to accept the consequences of one's behavior

Accountability

41

The specific accountability or liability associated with the performance of duties of a particular role.

Responsibility

42

the use of some form of substantiation in making clinical decisions

Evidence - Based Practice

43

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

44

Why should a nurse have liability insurance?

to protect oneself in case of any legal action being taken against them, as a nurse

45

a type of tort that is defined as being a threat ; intentionally threatening to harm a patient unjustifiably or in an offense manner.

Assault

46

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

Battery

47

a type of tort in which false derogatory critical or disrespectful attitude information is stated orally.

Slander

48

a type of tort in which false derogatory critical or disrespectful attitude information is stated in writing.

Libel

49

A type of tort disclosing confidential information about a patient to an inappropriate person

Invasion of Privacy

50

A type of tort that one is intentionally preventing movement or restraining a patient without consent or the authority to do so

False Imprisonment

51

a type of tort that one engages in purposeful misrepresentation or reckless disregard of the truth to produce unlawful gain.

Fraud

52

An incident report is the occurrence of any event

that is considered an accident or unusal occurence

53

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

54

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.

55

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.

56

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.

57

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.

58

Discuss the Implications of physician's order s

you are obligated to carry out physician order except when you believe the orders are inappropriate. If you do give the order then you have committed medication error, and are liable if there is any harm done to the client. Unclear orders must be clarified with the physician.