LEGAL/ETHICAL

Question 1

What is nonmaleficence?

Answer 1

Nonmaleficence - Do no harm
Many procedures has a potential for doing good and doing harm.
A nurse must decide how to do the least amount of harm when doing something that is expected to result in good.
Never knowingly participate in any action that will deliberately harm the patient.
The patient must consent to procedures prior to carrying them out .

Question 2

What is beneficence?

Answer 2

Goes hand in hand with nonmaleficence. Preventing and removing harm. Putting the patient’s interests first.
Place the good of the patient before your needs.

Question 3

what is durable POA?

Answer 3

Legal document that is valid in all 50 states
It names a health care proxy (must at least 18 years old) to make medical decisions if that person is no longer able to speak for him/herself
This becomes active anytime the person is unconscious or unable to make a medical decision

Question 4

What is a living will?

Answer 4

Many institutions have policies and regulations about an employee witnessing a will
A will can be oral or written, but written carries more legal weight
The person making the will must be of sound mind/competent
Pennsylvania requires two witnesses
The witness does not need to know the contents of the will, but is only witnessing the signature and attesting to the fact that the person is of sound mind/competent and is under no duress

Question 5

define false imprisonment

Answer 5

False imprisonment is keeping someone detained against their will. Improper use of restraints or seclusion. Restraint by verbal threat, physical harm, or chemical restraint is included in this category

Question 6

what is the difference between slander and libel?

Answer 6

slander is verbal, libel is written

Question 7

Define common law and statutory law?

Answer 7

common: judge made, can change i.e. informed consent & PT’s right to refuse
statutory: congressional/federally enforced i.e. NPA

Question 8

List the 4 elements needed to prove negligence

Answer 8

all 4 are needed to prove negligence

1. duty- nurse is responsible
2. breach of duty- nurse didn’t adhere to standard of care
3. damages-nurse’s negligence lead to PT injury
4. proximate cause-reasonable cause and effect relationship can be shown between nurse’s actions and harm to PT

Question 9

define the nursing standard of care `

Answer 9

Based on what an ordinary, prudent nurse with similar education and nursing experience would do in similar circumstances. Guidelines for good nursing care
Nursing standards are defined by the Nurse Practice Act in each state/commonwealth (the law governing the practice of nursing), evidence-based research, textbooks, journals and internal institution policy and procedure, etc.