MOD9- ETHICO-LEGAL CONSIDERATION IN NURSING

Question 1

moral principles that govern a person’s behavior or the conducting of an activity

Answer 1

ETHICS

Question 2

the word law is derived form ______ term

Answer 2

ANGLO-SAXON

Question 3

What is the anglo-saxon meaning of the term law?

Answer 3

laid down or fixed

Question 4

is a rule of civil conduct prescribed the supreme power in the state commanding what is right and prohibiting what is wrong

Answer 4

LAW

Question 5

responsive to changing needs, roles, and relationships in society. As the nursing profession has continued to evolve, the scope of applicable law has enlarged considerably

Answer 5

LAW (it is like nursing)

Question 6

is a penalty of sanction suffered by a nurse if found guilty of violation of any of the existing laws in the Philippines and their implementing rules and regulation

Answer 6

LIABILITY

Question 7

THREE KINDS OF LIABILITIES

Answer 7

• ADMINISTRATIVE
• CIVIL
• CRIMINAL

Question 8

A liability that occurred for a violation of any administrative or regulatory
law in the Philippines.

Answer 8

ADMINISTRATIVE LIABILITY

Question 9

which is the administrative or regulatory law that regulates of governs practice of nursing in the Philippines.

Answer 9

Philippine Nursing Act of 2002, RA 9173

RA 9173-

Question 10

The law provides for grounds of reasons for reprimand, suspension or
revocation of a license to practice nursing in the Philippines.

Answer 10

RA 9173

Question 11

WHEN filing a complaint where should you file, applying for license

Answer 11

PRC- PROFESSIONAL REGULATION COMMISSION

Question 12

refers to a professional person’s wrongful conduct, improper
discharge of professional duties, or failure to meet the standards of
acceptable care that results in harm to another person

(Zerwekh & Claborn, 2008).

Answer 12

Malpractice (MISTAKES)

Question 13

GIVING THE WRONG DOSAGE

Answer 13

ERROR IN MEDICATION

Question 14

STARTING THE WRONG IV, wrong way of insertion of catheter,

Answer 14

ROUTINE PROCEDURE ERROR

Question 15

acting upon a client without documentation

Answer 15

DOCUMENTATION MISTAKES

Question 16

is the failure of an individual to provide care that a reasonable person would ordinarily use in a similar circumstance. In other words, action that is contrary to the conduct of a reasonable person and results in harm is considered to be negligent behavior. When a nurse commits a negligent act that results in injury, it is known as malpractice.

Answer 16

NEGLIGENCE (BREACH OF DUTY)

Question 17

Proof of liability depends on four elements:

Answer 17

1. DUTY
2. BREACH OF DUTY (did not act upon duty)
3. INJURY (fell, got harmed)
4. CAUSATION (what caused the harm)

Question 18

is an obligation created either by law or contract or by any voluntary action. It is the first element that must be proved for malpractice.

Answer 18

Duty

Question 19

occurs when a nurse fails to act in accord with the standard of care. An act of
commission or omission of the nurse may constitute a breach of the standard of care.

Answer 19

Breach of duty

Question 20

(physical, financial, or emotional harm) must be demonstrated by the person making the claim to prove negligence.

Answer 20

Injury

Question 21

is the breach of duty that must be proved to have legally caused the injury. A
cause-and-effect relationship must be clearly established.

Answer 21

Causation

Question 22

which impose a penalty of damages in the form of payment or compensation. The basis of the damage suffered by the aggrieved party, on the account of the supposed negligence of the nurse.

Answer 22

CIVIL LIABILITY

Question 23

FOR A CIVIL LIABILITY WHERE DO U FILE?

Answer 23

TRIAL COURT

Question 24

The law: the law existing and applicable to this kind of liability is the

Answer 24

RA 386 or civil code of the Philippines.

Question 25

law took effect on August 30, 1950 and covers the following aspect of human life: persons and family relations, property rights and ownership, the modes of acquiring ownership, obligations and contracts, and special contracts.

Answer 25

RA 386

Question 26

It compensates the aggrieved party for his or her supposed misery in being a victim of a nurse.

Answer 26

RA 386

Question 27

wrongful act or an infringement of a right that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits a tortious act example negligence, malpractice and breach in confidentiality.

Answer 27

TORT

Question 28

Civil liabilities from contracts occurs when

Answer 28

nurse commits fault or negligence resulting to a breach of contract to provide safe nursing care to patients.

Question 29

the nurse commits the wrongful act which liability

Answer 29

PRIMARY LIABILITY

Question 30

WHEN THE EMPLOYER MAY BE LIABLE FOR THE NEGLIGENT ACT OF ITS EMPLOYEE

Answer 30

SECONDARY LIABILITY

Question 31

is that incurred by a guilty nurse with imprisonment and or fine as penalty imposed. After trial or hearing. If found guilty beyond reasonable doubt of the crime charged the judge reads a verdict of guilty of and imposes a penalty of imprisonment and or fine.

Answer 31

CRIMINAL LIABILITY

Question 32

IN CASE OF DEATH what are the penalties

Answer 32

- imprisonment | - damages usually awarded to the heir of the victim.

Question 33

CRIMINAL LIABILITY is filed where?

Answer 33

Public Prosecutors Office then Court.

Question 34

what are the two categories of crime under the revise penal code?

Answer 34

- intentional felonies | - criminal negligence

Question 35

which are committed by means of deceit. There is a deceit when an act is committed with malice or deliberate intent.

Answer 35

Intentional felonies,

Question 36

which are committed by means of fault. There is fault when the wrongful act results from negligence, imprudence lack of foresight or lack of skills

Answer 36

Criminal negligence,

Question 37

lack of foresight or lack of skills

Answer 37

IMPRUDENCE

Question 38

is deficiency of action.

Answer 38

IMPRUDENCE

Question 39

is deficiency of perception

Answer 39

Negligence

Question 40

means that the client understands the reason for the proposed intervention, and its benefits and risks, and agrees to the treatment by signing a consent form

Answer 40

Informed consent

Question 41

is a voluntary act by which a person agrees to allow someone else to do something.

Answer 41

consent

Question 42

BEFORE a surgery the patient must have ______

Answer 42

informed consent, know what will occur, why and the process

Question 43

T OR F: you can allow a person under the age of 18 to sign their consent form

Answer 43

FALSE: their guardians must sign bc they're under the legal age

Question 44

T OR F: client must be mentally competent to give consent for medical procedure

Answer 44

T

Question 45

IF PATIENT REFUSES WHAT MUST YOU DO

Answer 45

- let patient sign REFUSAL CONSENT FORM - DOCUMENT that the patient has refused treatment\ - inform the physician, and document this part too

Question 46

in an emergency case, the patient needs surgery asap but no guardian. IS it okay to perform the surgery without a signed consent?

Answer 46

YES, this is an exception as it is an emergency, the patient can sign after the surgery.

Question 47

when should you obtain consent of the patient or guardian?

Answer 47

BEFORE TREATMENT

Question 48

what are the three exceptions to informed consent

Answer 48

- emergency - minor is sufficient (no existing relative) - court order/ legal authorization

Question 49

what guides your nursing ethics?

Answer 49

American Nurses Association (ANA) Guide to the Code of Ethics for Nurses (2008)

Question 50

such as keeping the door to the client’s room closed, knocking before entering the client’s room, closing the curtains around the bed before exposing the client, and draping the client appropriately for procedures.

Answer 50

PRIVACY

Question 51

who is excluded from confidentiality?

Answer 51

- doctors | - health care team members involved in the patient's treatment

Question 52

occurs when information is communicated to a third party that causes damage to someone else’s reputation

Answer 52

Defamation

Question 53

damage to someone else’s reputation either in writing (___) or verbally ().

Answer 53

libel, slander

Question 54

Under this law: Right to Privacy and Confidentiality: The privacy of the patients must assured at all stages of treatment. The patient has the right to be free from unwarranted public exposure except:

Answer 54

Magna Carta of Patient’s Rights and Obligation:

Question 55

exceptions to privacy and confidentiality

Answer 55

1. When his mental or physical condition is in controversy and an appropriate court requires him to submit physical or mental examination by a physician 2. When the public health and safety so demand 3. When the patient waives his right in writing.

Question 56

The healthcare institution shall safeguard the confidentiality of the medical records and to ensure the integrity and authenticity of the medical records.

Answer 56

Right to Medical Records:

Question 57

results from a deliberate deception intended to produce unlawful gain.

Answer 57

Fraud

Question 58

Nursing activities to deter fraud include the following:

Answer 58

Documenting facts accurately * Reporting illegal activities * Educating peers and the public as to what constitutes fraud

Question 59

obtaining and using false credentials and falsifying medical records. include overcharging for services and billing for services that were not provided.

Answer 59

FRAUD

Question 60

is the branch of philosophy that examines the differences between right and wrong. Simply put, ethics is the study of the rightness of conduct. deals with one’s responsibilities (duties and obligations) as defined by logical argument.

Answer 60

Ethics

Question 61

looks at human behavior—what people do under what type of circumstances. But ethics is not merely a philosophical discussion; ethical persons put their beliefs into action.. foLLOWS law

Answer 61

Ethics

Question 62

is behavior in accordance with custom or tradition and usually reflects personal or religious beliefs.

Answer 62

Morality

Question 63

is the free, rational, and publicly stated assessment of alternative actions in relation to theories, principles, and rules. is rooted in the legal system and reflects the political values of our society.

Answer 63

ETHICS

Question 64

is a person’s desire to maintain his or her right to die.

Answer 64

moral belief

Question 65

is the practice of parents’ teaching their children the importance of telling the truth.

Answer 65

ethical belief

Question 66

According to _______ , the following contribute to the occasional discrepancies between law and ethics: Ethical opinions reflect individual differences. Human behavior and motivation are too complex to be accurately reflected in law. The legal system judges action rather than intention. Laws change according to social and political influences. Professional nursing actions are both legal and ethical.

Answer 66

Burkhardt and Nathaniel (2007)

Question 67

LAW CHANGES according to what?

Answer 67

social and political influences

Question 68

are tenets that direct or govern actions. They are widely | accepted and generally are based on the humane aspects of society.

Answer 68

Ethical principles

Question 69

is defined as a situation requiring a choice between two equally desirable or undesirable alternatives.

Answer 69

dilemma

Question 70

Too many patients but scarce resources( How to provide proper care) Don’t resuscitate Euthanasia Treatment of terminally ill patient like end stage cancer, HIV etc Rights of psychiatry patient etc. Incompetent health care provider Refusal to treatment

Answer 70

Ethical Dilemmas

Question 71

principle of autonomy refers to the individual’s right to choose and the ability to act on that choice. The individuality of each person is respected when autonomy is maintained.

Answer 71

Autonomy

Question 72

means that the nurse accepts the client’s choices, even when those choices are not in the client’s best interests.

Answer 72

Autonomy

Question 73

Smoking after a diagnosis of emphysema or lung cancer Refusing to take medication Continuing to drink alcohol when one has cirrhosis Refusing to receive a blood transfusion because of religious beliefs

Answer 73

AUTONOMY

Question 74

is the duty to cause no harm to others. Harm can take many forms: physiological, psychological, social, or spiritual. refers to both actual harm and the risk of harm.

Answer 74

Nonmaleficence

Question 75

requires that the nurse act thoughtfully and carefully, weighing the potential risks and benefits of research or treatment ‘‘Will this treatment modality cause more harm or more good to the client?’’

Answer 75

Nonmaleficence

Question 76

is considered a fundamental duty of health care providers. Both nursing’s Nightingale Pledge and medicine’s Hippocratic Oath state that providers are to cause no harm to clients.

Answer 76

Nonmaleficence

Question 77

is an oath of ethics historically taken by physicians

Answer 77

The Hippocratic Oath

Question 78

is an oath of ethics taken by nurses

Answer 78

Nightingale Pledge

Question 79

the nurse practices according to professional and legal standards of care. The question most frequently asked in court of a nurse

Answer 79

‘‘Did you cause any harm?’’ - NONMALEFICENCE

Question 80

Stopping medication knowing it is harmful to patient's health

Answer 80

NONMALEFICENCE- aka this is providing safety to patient

Question 81

the ethical principle that means the duty to promote good and to prevent harm.

Answer 81

Beneficence

Question 82

two elements of beneficence

Answer 82

1. Providing benefit | 2. Balancing benefits and harms

Question 83

an occurrence in which health care providers decide what is ‘‘best’’ for clients and then attempt to coerce (or ‘‘encourage’’) them to act against their own choices.

Answer 83

paternalism

Question 84

based on the concept of fairness. The major health-related issues of justice involve fair treatment of individuals and allocation of resource distribution.

Answer 84

Justice

Question 85

means truthfulness, neither lying nor deceiving others.

Answer 85

Veracity

Question 86

Deception can take many forms:

Answer 86

intentional lying, nondisclosure of information, or partial disclosure of information.

Question 87

often is difficult to achieve. It may not be difficult to tell the truth, but it is not always easy to decide how much truth to tell.

Answer 87

Veracity

Question 88

which is the ethical foundation of nurse-client relationships, means faithfulness and keeping promises. Clients have an ethical right to expect nurses to act in their best interests. As nurses function in the role of client advocate (a person who speaks up for or acts on behalf of the client), they are upholding the principle of

Answer 88

Fidelity

Question 89

is a guideline for performance and standards and personal responsibility.

Answer 89

Code of ethics

Question 90

Code of ethics is a guideline for performance and | standards and personal responsibility.

Answer 90

-Lillie M S and Juanita Lee