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Quiz #2 Koziers Ch.4&5 Legal Aspects of Nursing and Values, Ethics, Advocacy

Faithful to a promise or agreement Fidelity
Telling the truth Veracity
Taking responsibilities for one's own actions Accountability
Private, personal standards of what is right and wrong in conduct, character, and attitude. Morality
Duty to "do no harm" Nonmaleficence
"Doing good" Beneficence
Fairness Justice
Look to the outcomes of an action in judging whether that action is right or wrong. Consequence-based (teleological) theories
Involve logical and formal processes and emphasize individual rights, duties, and obligations. Principles-based (deontological) theories
Stress courage, generosity, commitment, and the need to nurture and maintain relationships. Relationship-based (caring) theories
Specific prescriptions for actions Moral rules
Formal statement of a group's ideals and values. Code of Ethics
Involves actions to bring about the client's death directly, with or without client consent. Active euthanasia
Giving clients the means to kill themselves if they request it. (is a variation of active euthanasia) Assisted suicide
One who expresses and defends the cause of another. Advocate
Laws evolving from court decisions. Common law
To stand by things decided Precedent
Body of law that deals with relationships between individuals and the government and governmental agencies. Public law
An important segment of public law which deals with actions against the safety and welfare of the public. Criminal law
Body of law that deals with relationships among private individuals. Private law, or civil law
Enforces duties and rights among private individuals that are not based on contractual agreements. Tort law
Due process Equal protection Examples of Constitutional law
Nurse practice acts Good samaritan acts Child and adult abuse laws Living wills Sexual harassment laws Americans with Disabilities Act Examples of Statutory (legislative) law
Homicide, manslaughter theft arson Active euthanasia Sexual assault Illegal possession of controlled drugs Examples of Criminal (public) law
Nurse and client Nurse and employer Nurse and insurance Client and agency Contracts (private/civil) law
Negligence/malpractice Libel and slander Invasion of privacy Assault and battery False imprisonment Abandonment Torts (private/civil) law
Deal with the relationships among individuals in society. Civil actions
Deal with disputes between an individual and the society as a whole. Criminal actions
Action of a lawsuit. Ligation
A document filed by the plaintiff. Complaint
Claims that his or her legal rights have been infringed on by one or more other persons of entities, referred to as _____. Plaintiff; defendants
Both parties engage in pre-trial activities, in an effort to obtain all the facts of the situation. Discovery
All the relevant facts are presented to a jury or only to a judge. Trial
What the judge renders Decision
What the jury renders Verdict
Duty of proving an assertion of wrongdoing. Burden of proof
Has special training, experience, or skill in a relevant area and is allowed by the court to offer an opinion on some issue within his or her area of expertise. Expert witness
The process of determining and maintaining competence in nursing practice. Credentialing
A legal permit that a government agency grants to individuals to engage in the practice of a professional and to use a particular title. License
Who developed a new regulatory model named the mutual recognition model? National Council of State Boards of Nursing (NCSBN)
Allows for multistate licensure. Mutual recognition model
Called the Nurse Licensure Compact (NLC), the mechanism used to create mutual recognition among states. Interstate compact
An agreement between two or more states Nurse Licensure Compact (NLC)
Voluntary practice of validating that an individual nurse has met minimum standards of nursing competence in specialty areas. Certification
Skills and learning commonly possessed by members of a profession. Standards of care
An agreement between two or more competent persons, on sufficient considerations (remuneration), to do or not to do some lawful acts. Contract
Has not been explicitly agreed to by the parties but that the law nevertheless considers to exist. Implied contract
1.)Agreement between two or more persons for the performance of an action or restraint from certain actions. 2.)Mutual understanding by all. 3.)Activity must be legal. 4.)Compensation in the form of something of value Four features that a Lawful Contract requires
Liability, standards of care, and contractual obligations. Nurse's role in providing safe and competent care
Quality or state of being legally responsible for one's obligations and actions and to make financial restitution for wrongful acts. Liability
Nurse's duty of care, that is, duty to render care, established by the presence of an expressed on implied contract. Contractual obligations
Vary am
A privilege or fundamental power to which an individual is entitled unless it is revoked by law or given up voluntarily. Right
Obligation associated with a right. Responsibiltites
Formalized decision-making process between representatives of management (employer) and representatives of labor (employee) to negotiate wages and conditions of employment, including environment, and fringe benefits of employment. Collective bargaining
When collective bargaining breaks down because an agreement cannot be reached, the employees usually do what? Strike
Agreement by a client to accept a course of treatment or a procedure after being provided complete information, including the benefits and risks of treatment, alternatives to the treatment, and prognosis if not treated by a health care provided. Informed consent
Two types of consent Express and implied
May be either an oral or written agreement. Express consent
Exists when the individual's nonverbal behavior indicates agreement. Implied consent
Obtaining informed consent for specific medical and surgical treatments is: the responsibility of the person who is going to perform the procedure.
Defined by the American Nurses Association, "the transfer of responsibility for the performance of an activity from one person to another while retaining accountability for the outcome." Delegation
Responsibility for action or inaction of the nurse and UAP (unlicensed assistive personnel)remains with the: Nurse
Can include domestic violence, child abuse, elder abuse, and sexual abuse. Violent behavior
Absence of care necessary to maintain the health and safety of a vulnerable individual such as a child or elder. Neglect
Nurses, in their many roles, can often identify and assess cases of violence against others. As a result, they are often included as: Mandated reporters
Prohibits discrimination on the basis of disability in employment, public services, and public accommodations. The Americans with Disabilities Act
Refers to a nurse whose ability to perform the functions of a nurse s diminished by chemical dependency on drugs, alcohol, or mental illness. Impaired nurse
The number-one substance abused in nurses is: Alcohol
A violation of the individual's rights and a form of discrimination. Sexual harassment
Gives hospitals the right to deny admission to abortion clients and give health care personnel, including nurses, the right to refuse to participate in abortions. Conscience clause
A variety of legal and lay documents that allow persons to specify aspects of care they wish to receive should they become unable to make or communicate their preferences. Advanced health care directives
Two types of advanced health care directives: Living will and the health care proxy or surrogate
Provides specific instructions about what medical treatment the client chooses to omit or refuse in the event that the client is unable to make those decisions. Living will
Notarized or witnessed statement appointing someone else to manage health care treatment decisions when the client is unable to do so. Health care proxy
AKA health care proxy Durable power of attorney for health care
An examination of the body after death. Autopsy (postmortem examination)
Ordered for clients who are in a stage of terminal, irreversible illness or expected death. "Do not resuscitate"
The act of painlessly putting to death persons suffering from incurable or distressing disease. Euthanasia
Legal inquiry into the cause or manner of a death. Inquiry
A public official, not necessarily a physician, appointed or elected to inquire into the causes of death, when appropriate. Coroner
A physician and usually had advanced education in pathology or forensic medicine. Medical examiner
An act committed in violation of public (criminal) law and punishable by a fine or imprisonment. Crime
A crime of a serious nature, such as murder, punishable by a term in prison. Felony
In some areas, second-degree murder is called: Manslaughter
A nurse who accidentally gives an additional and lethal dose of a narcotic can be accused of what? Manslaughter
An offense of a less serious nature and is usually punishable by a fine or short-term jail sentence, or both. Misdemeanor
A civil wrong committed against a person or a person's property. Usually ligated in court by civil action between individuals. Tort
Is almost always based on fault, which is something that was done incorrectly (unreasonable act of commission) or something that should have been done but was not (an act of omission). Tort
Misconduct or practice that is below the standard expected of an ordinary, reasonable, and prudent person. Negligence
Involves extreme lack of knowledge, skill, or decision making that the person clearly should have known would put others at risk for harm. Gross negligence
"professional negligence", that is negligence that occurred while the person was performing as a professional. Malpractice
The nurse must have an acceptable standard of care. Duty
There must be a standard of care that is expected in the specific situation but that the nurse did not observe. Breach of duty
Something that was done that shouldn't have been done or nothing was done when something should have been done: this is an example of Breach of duty
A link must exist between the nurse's act and the injury suffered. Foreseeability
It must be proved that the harm occurred as a direct result of the nurse's failure to follow the standard of care. Causation
Plaintiff must demonstrate some type of harm or injury (physical, financial, or emotional) as a result of the breach of duty owed the client. Harm or injury
If malpractice caused the injury, the nurse is held liable for damages that may be compensated. Damages
An attempt or threat to touch another person unjustifiably. Assault
Willful touching of a person (or the person's clothes or even something the person is carrying) that may or may not cause harm. Battery
Consent is required before procedures are performed. What exists when there is no consent? Bettery
"Unjustifiable detention of a person without legal warrant to confine a person". False imprisonment
A direct wrong of a personal nature. Invasion of privacy
Right of individuals to withhold themselves and their lives from public scrutiny. Right to privacy
Right to privacy can also be described as The right to be left alone
Communication that is false, or made with a careless disregard for the truth, and results in injury to the reputation of a person. Defamation
Both libel and slander are wrongful actions that come under the heading of: Defamation
Defamation by means of print, writing, or pictures. Libel
Defamation by the spoken word, stating unprivileged (not legally protected) or false words spoken by which a reputation is damaged. Slander
Conclusion/interpretation that a person accepts as true. Beliefs
Freely chosen belief or attitude about the worth of a person, object, idea or action. Values
Watson's 4 values in nursing #1 Strong commitment to service.
Watson's 4 values in nursing #2 Belief in dignity and worth of each person.
Watson's 4 values in nursing #3 Commitment to education.
Watson's 4 values in nursing #4 Professional autonomy.
AACN 5 Essential Values for the professional nurse Altruism, autonomy, human dignity, integrity, and social justice.
Seeking the welfare of others. Altruism
Right to self-determination. Autonomy
Respect for all. Human dignity
Honesty, acting within code of ethics. Integrity
Upholding moral, legal human principles. (Right from wrong) Social justice
Guidelines for informed consent: 1.Purpose 2.Benefits 3.Expect to experience 4.Advantages/disadvantages to treatment.
Nurse assigned to care for client. Duty
Failed to meet standard of care. Breach of Duty
Link between nurse's action and injury. Forseeability
Prove harm occurred as a direct result of nurse's failure to follow standards. Causation
Plantiff must demonstrate harm, physical, financial, and/or emotional. Harm or injury
Nurse is responsible for ____that may be compensated. (If malpractice caused the injury.) Damages
Civil wrong committed against a person or a person's property. Tort
Small group of values held by an individual, values are on a continuum leading a person to form a value system. Value Set
Created by: 1300636939