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Con Ch 2

Legal and Ethical Aspects of Nursing

laws complex set of rules that prescribe how a person should act in society, they sanction acceptable behavior, and prohibit unacceptable behavior
liability legal responsibility
depositions out-of-court statements made by a witness under oath
verdict a decision rendered based upon the facts of the case, or evidence and testimony presented, the credibility of the witnesses, and the laws that pertain to the issues
standards of care define acts that are permitted to be performed or prohibited from being performed. Give direction to the nurse defining what should or should not be done for a patient
accountablility being responsible for one's own actions
advocate one who defends or pleads a cause or issue on behalf of another
malpractice professional negligence and one legal action that a nurse may be charged with for failing to meet the standards of care
informed consent doctrine a person's agreement to allow a particular treatment based on full disclosure of the facts needed to make an intelligent (informed) decision
euthanasia letting a person die
customs habits, ways of acting established that members of a family are expected to behave in a certain way
mores folkways; accepted traditional customs, moral attitudes, or manners of a particular social group
values personal beliefs about the worth of an object, an idea, a custom, or an attitude
value clarification process of self-evaluation that helps a person gain insight into individually held values
ethical dilemmas situations that do not have a clear right or wrong answer
nonmaleficence the duty to protect life, to do no harm
criminal law conduct in issue is offensive to society in general, detrimental to society as a whole, involves public offenses, law's purpose is to punish for the crime and prevent further crimes
civil law violates a person's rights, conduct is detrimental to that individual, law's purpose is to make the aggrieved person whole again, to restore the person
statutory law developed by federal, state, and local govts
common law (case law) laws developed in response to specific legal questions brought before the court and usually follows precedent
precedent previous rulings on an issue
civil litigation a lawsuit in civil court
plaintiff the complaining party
complaint statement by the plaintiff
defendant the person alleged liable
damages compensation sought by the plaintiff
summons court order that notifies the defendant of legal action
answer detailed response to the charges outlined in the complaint
discovery pretrial process allowing both sides to interview witnesses and look at documents
interrogatories written questions that must be answered in writing
deliberate to decide the guilt or innocence of the defendant
sentence penalty decided based on the severity of the crime, defendant's past criminal record, and applicable laws
prudent wise
scope of nursing practice what she or he can and cannot do while providing nursing interventions
nurse practice acts define and limit the scope of nursing practice
interstate compact a legal agreement entered into by a growing number of states that allows multistate practice of nursing
abandonment of care wrongful termination of providing patient care
assault an intentional threat to cause bodily harm to another; does not have to include actual bodily contact
battery intentional touching of another person without informed consent
competency a legal presumption that a person who has reached the age of majority can make decisions for himself unless proved otherwise (declared legally incompetent)
defamation spoken or written statements made maliciously and intentionally that may injure the subject's reputation
harm injury to a person or the person's property that gives rise to a basis for legal action against the person that caused the damage
libel a malicious or untrue writing about another person that is brought to the attention of others
malpractice failing to meet a legal duty that results in harm to another
negligence commission (doing) of an act or the omission (not doing) of an act that a reasonably prudent person would have done in a similar situation that leads to harm of another person
slander malicious or untrue spoken words about another person that are brought to the attention of others
tort a type of civil law that involves wrongs against a person or property; torts include negligence, assault, battery, defamation, fraud, false imprisonment, and invasion of privacy
malpractice insurance insurance that provides protection for the nurse while on and off duty
mandatory mandated legally and professionally to report
ethics refers to the values that influence a person's behavior; it is an individual's feelings and beliefs about what is right and wrong
man historically defined as a member of a group known as a family
culture refers to accepted values, beliefs, and behaviors that are shared by a particular group of people
respect for people first of the ethical principles that says all human life is viewed as sacred, with each individual having inherent worth as a person. To the nurse, no one person is more important than another; each patient has the same worth and entitled to respect
autonony 2nd ethical principle that refers to personal freedom of choice, a right to be independent and make decisions freely. Nurses can assist patient in decisions, but can't make decisions for the patients
benefience 3rd ethical principle that means doing what is good; primary importance to nurses as nurse has ethical duty to promote the well-being of all patients
nonmaleficence 4th ethical principle which means to do no harm; nurse has ethical and legal duty to prevent harm to a patient
justice 5th ethical principle which is the concept of what is fair; means that all patients have the same right to nursing interventions
health care proxy a proxy is another person who will speak for the patient and will act on the patient's behalf making decisions regarding care
Do Not Resuscitate (DNR) order written when patient has little hope for recovery; nurse has duty to follow the order
Created by: Jaybob