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NC #7

Concepts of Nursing Ethics and Law

QuestionAnswer
When do moral & ethical dilemmas surface? When there is a conflict between tow or more standards of right and wrong
Define morals Standards of right and wrong that shape human character
Define ethics Refers to values that influence a persons behavior and the individual feelings about what is right or wrong
Define ethical dilemma Situation that does not have a clear right or wrong answer
What are five principles of nursing ethics? Do no harm (Non-maleficence), Do good (Beneficence), Freedom to choose (Autonomy), Loyalty (Fidelity), Justice (Fair to all)
What is the purpose of Nursing Code of Ethics? To promote trustworthy, accountable nurses
What are the steps for making ethical decisions? Identify the main issue, ask good questions & find the answers, select your plan of action, identify the necessary steps to realize that option, act, monitor & assess the impact of your actions, respect for people, all pt should be treated as individuals
What are some examples of ethical nursing behavior? Consider multiple view points, involve people with divers perspectives, weigh feasible options (evaluate each option), examine the impact and make any necessary corrective actions
What is "refusal to treat"? When a nurse encounters a patient whose care requires something that conflicts with personal moral beliefs
What do nurse have a duty to report? Nurses that perform outside the standards of care
Identify the various ways nursing practice is regulated? State Board of Nursing & Nurse Practice Act
What does the State Board of Nursing do? Made of professionals and public members, regulatory body for nurses who practice in its jurisdiction
Who selects the members of SBON? Governor
Who adheres to the NPA? Nurses in that particular state
Who sits on the OBN? Six RN's, 3 LPN's & 2 public members
How many years do nurse members serve on the board? Five years
What is the main purpose of the BON? Safeguard the public by ensuring that nurses all meet the same licensing standards
What are the consequences of violating the NPA? Denial, revocation, or suspension of license or certificat
Define liability Legal responsibility
Define fraud A deliberate deception for the purpose of personal gain and usually prosecuted as a crime
Can you apply for a LPN position even though you have not taken the exam? No
If you have been arrested, but it's been expunged, do you have to check the box on OBN application that says "have you been arrested"? Yes
Define accountability Being responsible for one's own actions
Define advocate One who defends or please a cause or issue on behalf of another (as a pt advocate, we are not their legal representative, but are to help maintain their rights & preferences)
Define euthanasia Letting a patient die or assisting in his/her death
Define liable Legally responsible
Define malpractice Failure to meet legal duty, thus causing harm to another
Define medical record Laws govern the collection, maintenance, and disclosure of information
Define verdict A legal decision
What do standards of care along with scope of nursing practice do? Give direction
Ignorance does not decrease ________? Liability
What are professional boundaries? Acts in patients best interest, respects the patients dignity, refrain from engaging in activities that lead to personal benefit at the patients expense, avoid personal relationships w/patients, focus on achieving client wellness
What do you do if your personal values conflict with nursing law? You are required to follow the law
What does the Patients Bill of Rights do? Promotes the publics understanding of their rights & responsibilities as consumers of health
Who enacted the Patients Bill of Rights and when? American Hospital Association / 1972
What is an action a PN takes to protect patient rights? Know patient rights and take action to ensure they have those rights
What are the five basic purposes for accurate and complete written records? Written communication, permanent record for accountability, legal record of care, teaching, research and data collection
Who does the original health record belong to? The facility/institution or physician
What is informed consent? Refers to full disclosure of the facts that the patient needs to man an intelligent (informed) decision before any invasive treatment or procedure
Does the patient have the right to refuse treatment after everything has been explained to them? Yes
Does the patient have the right to refuse to listen to what is being told to him/her? Yes
Who is responsible for explaining the procedure that is going to be performed? Healthcare provider performing the procedure
What is the nurses role in the informed consent process? Nurse reinforces the information the provider gave and witnesses the signature of consent forms
What are some factors that would hinder a patient from giving informed consent? Patient under the influence of mind-altering medications (ex: narcotics within 4hrs of consent)
When does informed consent occur? When the patient has a full understanding of the treatment or procedure and understands the benefits, risks, and alternatives to treatment
Who can legally sign the consent form? Patient, next of kin, or legal guardian
In an emergency, who can give consent if family/next of kin can not be located? Physician treating patient
What can you be charged with if a patient refuses treatment, but treatment was given anyway? Civil battery
What is Civil battery? Unlawful touching of a person; intent to harm is not necessary
If someone is going to be a living donor, who signs the consent form? Donor
If someone is a non-living donor, who signs the consent form? Next of kin or legal guardian
What is an Advance Directive? Signed & witnessed document providing specific instructions for health care treatment in the event the person is unable to make these decisions personally at the time they are needed
What are the two types of Advance Directives? Living Will & Durable POA for Healthcare
What is a living will? Written document that directs treatment in accordance with a patient's wishes in the event of a terminal illness o condition, usually witnessed by two people (not related)
What is a Durable POA for Healthcare? Designates an agent to make health care decisions on the patients behalf based on the patients wishes
What is a health care proxy? Patient appoints another person to make decisions for the clients medical care if the client is no longer capable of making those decisions
What is a "DNR"? "Do Not Resuscitate" order; instructs medical personnel not to resuscitate he patient (NO CPR if heart or breathing stop) Even if you don't agree w/DNR, you must follow order
What does the Patient Self-Determination Act require? Institutions maintain written policies and procedures regarding advance directives (including the use of life support if incapacitated)
True or False: The nurses role is to support the patient's decision; be a patient advocate True
What is malpractice? Failure to meet a legal duty, thus causing harm to another
What is the negligence? The commission (doing) of an act or omission (not doing) an act that a reasonably prudent person would have performed in a similar situation, thus causing harm to another
What is performing a skill that you are not qualified to perform or having a patient do the opposite of what the physician ordered, which causes the patient harm, called? Malpractice
What is leaving the floor/facility without letting anyone know or having someone take over your patients called? Abandonment
What is duty? Exist - the nurse-patient relationship establishes a duty, defined by the standards of care
What is breach of duty? Practical Nurse fails to follow or perform professional duties in a reasonable, prudent manner
Define harm? (does not have to be physical injury) patient suffers from practical nurse's breach of duty
What are some strategies to stay out of disciplinary action and out of court? Know your NPA and follow it, stay within your scope of practice, know your standards of care and stay within them
What is your best defense against a lawsuit? Provide compassionate, competent nursing care. Also, promote a good nurse-patient relationship, one base on trust and respect
What does HIPAA stand for? Health Insurance Portability and Accountability Act
What is abandonment? Wrongful termination of providing patient care
What is an interstate compact? Allows multistate practice of nursing
Created by: tandkhopkins