Ch. 2: Legal and Ethical Aspects of Nursing Flashcards
The legal relationship that exists between the nurse, patient, and family is influenced
by the existing laws, rules, and regulations that govern nursing practice
Acting outside the established scope of practice or failing to meet the established standard of care has the potential to result in
injury to the patient and give rise to legal liability and the potential loss or sanction of the nursing license
To practice safely, the nurse must have a
familiarity with common legal issues in nursing
Laws
prescribe proper behavior in society; they sanction acceptable behavior and prohibit unacceptable behavior
Nurses must have a basic understanding of
the legal system, which mandates and protects
Two primary categories of law are
criminal and civil
Malpractice
refers to professional negligence
The four key elements to malpractice
Duty, Breach, Harm, Proximate Cause
Avoid malpractice
is to practice within the rules and regulations, the standards of care, and the employing agency’s policies and procedures
Civil litigation
involves the legal exchange between individuals as opposed to legal concerns that involves a criminal matter
Most legal suits in healthcare involve
civil litigation
The plaintiff writes a statement called a
complaint
The complaint names the
defendant
Liable
legally responsible
Damages
compensation that the plaintiff is seeking
Summons
a court order that notifies the defendant of the legal action
Deposition
witnesses are required to undergo questioning by the attorneys
Interrogatory
a written question that one party sends to the other party, to which an answer is legally required
Request for Production of Documents and Things
is a formal request by the agents filing the charges for all items that are deemed to be related to the case at hand
Verdict
desicion
Appeal
request a review of the desicion
Deliberate
consider and decide
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
unlawful 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 herself or himself unless proved otherwise
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 a legal action against the person who caused the damage
Libel
a malicious or untrue writing a bout anther person that is brought to the attention of others
Slander
malicious or untrue words spoken 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
The most common areas of litigation against nurses involve performance failures in the following areas:
standards of care, use of equipment, documentation, and patient advocacy
Advocate
one who defends or pleads a cause or issue on behalf of another
Standards of care
define acts whose performance is required, permitted, or prohibited. Can derive from federal and state laws, rules, and regulations and codes that govern other professional agencies and organizations
Scope of nursing practice
define the obligations of the nurse
Doctrine of informed consent
refers to full disclosure of the facts that the patient needs to make an intelligent decision before any invasive treatment or procedure is performed
Passive euthanasia
letting a patient die
Factors that put older adults at risk for physical, emotional, or financial abuse include:
declining physical health, declining mental ability, decreased strength and mobility, loss of independence, isolation, loss of loved ones, friends, and relatives
Claims-made policy
this type of policy provides protection when the claim for nursing or negligence is made while the policy is in force
Occurrence-basis policy
this type of policy protects against claims made abut events that occurred during the policy period or extended coverage period
A tail agreement
offers extended coverage for periods when a nurse is exposed to professional liabilities but no longer has a claims-made policy
Disciplinary defense insurance
provides the following if a nurse is brought before the LPN/LVN board of nursing for disciplinary actions and problems with the license
Ethics
refer to values that influence a person’s behavior and the individual’s feelings and beliefs about what is right or wrong
Advance directives
signed and witnessed documents that provide specific instructions for health care treatment if a person is unable to make these decisions personally at the time they are needed
Living will
written document that directs treatment in accordance with a patient’s wishes in the event of a terminal illness or condition
Durable power of attorney
an agent, surrogate, or proxy to make health care decisions on the patient’s behalf based on the patient’s wishes
Values
personal beliefs about the worth of an object, an idea, a custom, or an attitude
Value clarification
the process of self-evaluation that helps gain insight into personal values
To clarify values:
select the belief or behavior and consciously examine it
decide its value; and incorporate the value into everyday responses and behaviors
Ethical dilemmas
situations that do not have a clear wrong or right answer; complex, confusing and often frustrating for situations that call for careful rational analysis
Respect for people
this principle leads us to view all human life as sacred, with each individual having inherent worth as a person
Autonomy
another ethical principle; it refers to freedom of personal choice, a right to be independent and make decisions freely
Benefience
means doing good or acting for someone’s good; this is primarily important to nurses
Nonmaleficence
means to do no harm
Justice
patients have the same right to nursing interventions
Code of ethics
to know and function within the scope of practice for a licensed LPN/LVN, to maintain patient confidences, to provide health care without discrimination, to maintain a high degree of professional and personal behavior, and to take an active role in the development of the LPN/LVN profession
Reporting unethical behavior
puts the facility at risk, demonstrates incompetence, involves the use of alcohol or drugs, is related to a physical or mental condition, violates a nursing statute
Health care proxy
assign durable power of attorney
