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