6 Chapter 11 Ethical And Legal Considerations Flashcards
Study of ethics
Considers the standards of moral conduct within a society. Personal ethics are influenced by values, societal norms and practices
Ethical theories
Deontology
Utilitarianism
Deontology
Is an ethical theory that stresses the rightness and wrongness of individual behaviors, duties, and obligations without concern for the consequences
Utilitarianism
Maintains that behaviors are determined to be either right or wrong solely on the basis of their consequences
Autonomy
The concept of making decisions supported by knowledge and self-confidence
Accountability
The concept of being answerable for ones actions
Advocacy
The concept of supporting or promoting the interest of others or a cause greater than ourselves
Beneficence
The concept of “doing good”
Confidentiality
The concept of limiting the sharing of private patient information
Fidelity
The concept of keeping promises or agreements made with others
Justice
The concept of acting fairly and equitably
Nonmaleficence
The concept of avoiding harm
-euthanasia
Responsibility
The concept of being dependable and reliable
Veracity
The concept of being truthful
Code of ethics
Defines the values, morals, and standards guiding practice within a specific discipline or profession
Code of ethics for nurses
The principle of respect for persons extends to all individuals with whom the nurse interacts. The nurse maintains compassionate and caring relationships with colleagues and others with a commitment to the fair treatment of individuals, to integrity-preserving compromise, and to resolving conflict.(ANA, 2008, p149) provision 1.5 code of ethics for nurses
Educators
To advise and supervise their students, collaborate with students to identify individual learning needs within the clinical setting, and facilitate the educational process
Students
To behave responsibly and respectfully toward all, be accountable for their actions, develop professionally, and strive to learn all that is necessary to care for patients and their families
Civility
Or acting politely, is essential in all interactions among faculty and nursing students. Respectful interaction between students and faculty members establishes professional communication patterns and affects the way in which students interact with patients
EBP and informatics (incivility)
Reported loss of sleep, increased stress and depression, feelings of powerlessness, decreased confidence
Bioethics
Is the study of ethical and philosophical issues in biology and medicine
Issues: genetic testing, cloning an embryonic stem cell research, end-of-life care
Futile care
Care that is perceived as useless and the prolongs the time until death rather than restoring life
Bioethics challenges
Require the support of a professional counselor, loved ones, and friends to decide what is the best in each unique circumstances
Role of ethic committees
- ) Establish policies that govern health care decision making
- ) review cases in which clarity is needed
- ) identify sets of values relevant to cases
- ) determine any values conflicts that may exist
- ) interview key individuals impacting the case being reviewed.
- ) provide unbiased input is not possible form a patient
- ) clarify potential legal implications of the medical interventions
Legal implications in nursing practice
- ) delineate acceptable nursing practice
- ) provide a basis on which many health care decisions are made
- ) protect nurses from liability
Constitutional law
Based on the U.S. constitution
Statutory law
Created by legislative bodies such as the US congress and state legislatures
NPA nursing practice act
Defines the scope of nursing practice within the state
Regulatory law
Nursing rules and regulations are categorized as regulatory law
Case law
Determined by judicial decisions from individual court cases
Safe practice alert
Rules and regulations governing nursing practice are reviewed and revised on a regular basis
Criminal law
Is the body of state and federal laws written to prevent harm to the country, state, and individual citizens
Misdemeanor
Is a crime of lesser consequence that is punishable by a fine or incarceration in a local or county jail for up to 1 year
Felony
Is a more serious crime that results in the perpetrators being imprisoned in a state or federal facility for more than 1 year
Civil law
Governs unjust acts against individuals, rather than federal or state crimes
Torts
Are wrong unjust acts against individuals, rather than federal or state crimes
Torts
Are wrongs committed against another person that do not involve a contract
Intentional torts
Are wrongs committed by individuals who deliberately seek to injure or hurt another person
Unintentional torts
Are omissions or acts by individuals that cause unintended harm
Duty
It must be proved that the nurse or other health care provider owed a duty of care to the accusing patient
Dereliction
There must be evidence that the nurses actions did not meet the standard of care required or that care was totally omitted
Damages
Actual injury to the accusing patient must be evident
Direct cause
A casual relationship must be established between harm to the accusing patient and the actions or omitted acts of the nurse
Guidelines for professional nursing practice within legal boundaries
Maintain confidentiality
Follow legal and ethical guidelines when sharing information
Document punctually and accurately
Adhere to established institutional policies governing safety and procedures
Comply with legal requirements for handling and disposing controlled substances
Meet licensure requirements
Practice responsibly within the scope of personal capabilities, professional experience, and education
Professional liability issue
Professional practice conduct
Adherence to the principles for delegation by the ANA and legally binding within each states NPA
Accurate and timely documentation
Accurate and timely documentation
They become the legal record of care provided by the nurse
Legal issues guiding patient care
Informed consent Patients bill of rights Organ donations Advance directives -living will, durable power of attorney, health care proxy Do not resuscitate orders
Advance directive forms
Is a process that involves personal reflection, information gathering, discussion with loved ones, decision making, and documentation of individual choices
-when signed and motorized it plows an individuals health care choices to be followed when resuscitation or other extraordinary measures are being considered
Laws impacting professional practice
Licensure
Standards of care
HIPAA
Laws impacting professional practice
Uniform determination of death act Assisted suicide and euthanasia Natural death acts Americans with disabilities act (ADA) Physical restraints Additional acts introduced in congress Ultimate responsibility of professional nurses
