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Fundamentals Ch. 3
Legal & Ethical Aspects of Nursing
| Question | Answer |
|---|---|
| Medical Power of Attorney | person legally able to make healthcare decisions for another person. AKA Health Care Proxy |
| advance directive | Consent constructed before the need arises; spells out a patients wishes regarding surgery, diagnostic & therapeautic treatments when they become unable to AKA Living Will |
| accountability | taking responsiblity for one's actions |
| assault | the threat to harm another or even to threaten to touch another without the person's permission |
| battery | actual physical contact that has been refused or is carried out against that person's will |
| competent | a person that is legally fit mentally & emotionally |
| consent | permission given by the patient or his legally representative AKA releases |
| delegation | assignment of duties to another person (only to another licensed person) |
| do not resuscitate (DNR) | orders written by physician when the patient has indicated a desire to be allowed to die if he stops breathing or his heart stops |
| ethical principles | rules of right & wrong from an ethical point of view |
| From an ethical point of view, what does autonomy mean? | patient makes their own decisions |
| From an ethical point of view, what does beneficience mean? | good done on behalf of the patient |
| From an ethical point of view, what does maleficience mean? | bad done on behalf of the patient |
| From an ethical point of view, what does justice mean? | treating patient fairly |
| From an ethical point of view, what does fidelity mean? | keeping your word/promise, be a patient advocate, complete assignments |
| From an ethical point of view, what does veracity mean? | Be honest. Tell the truth. |
| From an ethical point of view, what is an ethical dillemma | one in which there is no right or wrong answer |
| malpractice | negligence by a professional person |
| negligence | failing to do something a reasonably prudent person would do, or doing something a reasonably prudent person would not do |
| prudent | sensible & careful |
| defamation | when one person make remarks about another person that are untrue, & the remarks damage that other person's reputation |
| slander | oral form of defamation |
| standards of care | Education, Legal/Ethical status, Practice (assess, plan, intervention, evaluation -A PIE), Continuing Education, Specialized Nursing Practice |
| tort | violation of civil law |
| appeal | challenge to a court decision; a higher court will judge whether the original decision is affirmend or reversed |
| assignment | assignment of duties to an unlicensed person |
| controlled substance | specific drugs with a potential for abuse, such as narcotics, tranquilizers, stimulants, & sedatives. Laws regulate how these are prescribed, dispensed & stored |
| confidential | kept private |
| civil rightscivil law | personal/individual conditions ( life, liberty, privacy) guarenteed by the constitution, Bill of Rights & federal/regulatory law |
| crime | violation of public law |
| defendant | person accused of violation of criminal or civil law |
| damages | monetary award to an injured plaintiff when the defendent is found responsible for the injury |
| discrimination | makin a desision or treating a person based on a class or group to which he belongs, such as race, religion, or sex rather than on his individual qualities |
| emancipated minor | person under 18 legally considered an adult |
| What are 3 ways that someone becomes an emancipated minor? | marriage, parenthood, enlistment into the armed services |
| ethical codes | actions/beliefs approved by a particular group of people |
| ethics comnitee | a comitee formed to consider ethical problems |
| Is an ethical code the same as a law? Why or why not? | It is different from law. Not all situations are covered by law & there might not be 1 right action |
| ethics | ethical principles |
| euthanasia | mercy killing; the act of ending another person's life with or without the person's consent, to end actual or potential suffering |
| false imprisonment | preventing a person from leaving or restricting his movements in the facility |
| felony | a serious crime that may result in more than 1 year |
| health care agent | surrogate decision maker |
| incident report | used to document what happened, facts about the incident, who was involved & who witnessed it - a tool used by risk management |
| invasion of privacy | a violaion of the confidential & privelaged nature of a professional relationship |
| laws | rules of conduct that are established by our government |
| liability | responsibility |
| libel | written form of defamation |
| living will | document detailing measures desired for treatment or to prolong life if the person becomes incapacitated AKA advance directive |
| Another name for living will | advance directive |
| litigation | lawsuit, legal process to prove facts of a dispute |
| malpractice insurance | policy that protects nurse from expense of defending self from lawsuit; will pay the amount awarded up to policy limits if nurse is found guilty of malpractice |
| misdemeanor | less serious crime than felony; may result in fines, imprisonment less than 1 yr or both |
| nurse practice act | state law defining the scope of nursing practice & the regulation of the profession by a state board of nursing |
| Occupational Safety & Health Act (OSHA)` | a law passed in 1970 to improve the work environment in areas that affect the workers health or safety |
| patient advocate | one who speaks for & protects the rights of the patient |
| privilege | permission to do what is usually not permited in other circumstances |
| protective devices | mechanical: locks, rails, belts or garments that prevent a person from getting out of a room, bed or chairCHEMICAL: drugs, sedatives, tranquilizers to sedate a patient so that he is unable to move about |
| plaintiff | person who believes he/she has been injured by actions of another & seeks to prove it in court |
| power of attorney | legal action to allow a person to conduct business matters for another |
| precedent | a judicial decision that is used as a guide to interpreting the law and deciding cases afterward |
| privelaeged relationship | one that requires confidentiality; trust that information gained in the relationship will not be made public |
| reciprocity | recognition of one state's nursing license by another state |
| release | a legal forn used to excuse one party from liability |
| sentinel event | an unexpected patient care event that results in death or serious injury to the patient |
| sexual harassment | unwelcome sexual advances, requests for sexual favors & other verbal ro physical conduct of a sexual nature |
| statutes | laws-may be civil or criminal |
| whistle-blowing | reporting illegal or unethical actions |
| A violation of eithical behavior may result in discipline by _______ or a loss of _____? | suspension, licensure |
| Ways in which a nurse can preven patient lawsuits against themselves or the hospital | be competent, document fully, establish rapport with patient, communicate effectively, take care of yourself |
| consequence of violating the nurse practice acts are: | temporary suspension, loss of licensure |
| The purpose of the standards of nursing practice are to____ & _______ | provide a way of judging the quality & effectivenss of care & in legal cases determine whether a nurse acted correctly |
| The purpose of the National Patient Safety Goals is to | promote specific improvements in patient safety |
| Student nurse's legal responsibilities | may not perform task as quickly/smoothly as licensed nurse, but will achieve same outcome without harm to patient, consult with instructor when unsure of something, work within your scope. |
| Examples of professional accountability | meet healthcare needs in safe & caring way, ask for assistance when unsure, perform tasks in safe, prescribed manner, report/document assessments/interventions, evaluate care & patient's response to care, commit to continuing education |
| 2 responsiblities of the delegating nurse | still be responsible for patient care, must ensure person has skills/abilities to perform assignment safely |
| OSHA deals with | infectious waste handling, hazardous materials, radiation safeguards, mandatory orientation & education |
| What do you do when being sexually harrassed? | talk to person, tell supervisor |
| Good Samaritan law | protects professional performing aid within their scope, doe not protect EMT |
| Elements of malpractice | duty, breach of duty, causation, injury/damages, |
| How many elements of malpractice must be present in order to sue? | all 4 |
| Do incident reports go in the chart? | NO |
| Can not discriminate on | race, color, religion, sex, national origin, disabilities, age, HIV status, recovering drug/alcohol addict |
| Rights provided by HIPPA | consent, notice, access, amendment, accounting for disclosures, restriction of disclosures |
Created by:
drtediaper
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