Ch. 2: Legal and Ethical Aspects of Nursing

Question 1

The legal relationship that exists between the nurse, patient, and family is influenced

Answer 1

by the existing laws, rules, and regulations that govern nursing practice

Question 2

Acting outside the established scope of practice or failing to meet the established standard of care has the potential to result in

Answer 2

injury to the patient and give rise to legal liability and the potential loss or sanction of the nursing license

Question 3

To practice safely, the nurse must have a

Answer 3

familiarity with common legal issues in nursing

Question 4

Laws

Answer 4

prescribe proper behavior in society; they sanction acceptable behavior and prohibit unacceptable behavior

Question 5

Nurses must have a basic understanding of

Answer 5

the legal system, which mandates and protects

Question 6

Two primary categories of law are

Answer 6

criminal and civil

Question 7

Malpractice

Answer 7

refers to professional negligence

Question 8

The four key elements to malpractice

Answer 8

Duty, Breach, Harm, Proximate Cause

Question 9

Avoid malpractice

Answer 9

is to practice within the rules and regulations, the standards of care, and the employing agency’s policies and procedures

Question 10

Civil litigation

Answer 10

involves the legal exchange between individuals as opposed to legal concerns that involves a criminal matter

Question 11

Most legal suits in healthcare involve

Answer 11

civil litigation

Question 12

The plaintiff writes a statement called a

Answer 12

complaint

Question 13

The complaint names the

Answer 13

defendant

Question 14

Liable

Answer 14

legally responsible

Question 15

Damages

Answer 15

compensation that the plaintiff is seeking

Question 16

Summons

Answer 16

a court order that notifies the defendant of the legal action

Question 17

Deposition

Answer 17

witnesses are required to undergo questioning by the attorneys

Question 18

Interrogatory

Answer 18

a written question that one party sends to the other party, to which an answer is legally required

Question 19

Request for Production of Documents and Things

Answer 19

is a formal request by the agents filing the charges for all items that are deemed to be related to the case at hand

Question 20

Verdict

Answer 20

desicion

Question 21

Appeal

Answer 21

request a review of the desicion

Question 22

Deliberate

Answer 22

consider and decide

Question 23

Abandonment of care

Answer 23

wrongful termination of providing patient care

Question 24

Assault

Answer 24

an intentional threat to cause bodily harm to another; does not have to include actual bodily contact

Question 25

Battery

Answer 25

unlawful touching of another person without informed consent

Question 26

Competency

Answer 26

a legal presumption that a person who has reached the age of majority can make decisions for herself or himself unless proved otherwise

Question 27

Defamation

Answer 27

spoken or written statements made maliciously and intentionally that may injure the subject’s reputation

Question 28

Harm

Answer 28

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

Question 29

Libel

Answer 29

a malicious or untrue writing a bout anther person that is brought to the attention of others

Question 30

Slander

Answer 30

malicious or untrue words spoken about another person that are brought to the attention of others

Question 31

Tort

Answer 31

a type of civil law that involves wrongs against a person or property

Question 32

The most common areas of litigation against nurses involve performance failures in the following areas:

Answer 32

standards of care, use of equipment, documentation, and patient advocacy

Question 33

Advocate

Answer 33

one who defends or pleads a cause or issue on behalf of another

Question 34

Standards of care

Answer 34

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

Question 35

Scope of nursing practice

Answer 35

define the obligations of the nurse

Question 36

Doctrine of informed consent

Answer 36

refers to full disclosure of the facts that the patient needs to make an intelligent decision before any invasive treatment or procedure is performed

Question 37

Passive euthanasia

Answer 37

letting a patient die

Question 38

Factors that put older adults at risk for physical, emotional, or financial abuse include:

Answer 38

declining physical health, declining mental ability, decreased strength and mobility, loss of independence, isolation, loss of loved ones, friends, and relatives

Question 39

Claims-made policy

Answer 39

this type of policy provides protection when the claim for nursing or negligence is made while the policy is in force

Question 40

Occurrence-basis policy

Answer 40

this type of policy protects against claims made abut events that occurred during the policy period or extended coverage period

Question 41

A tail agreement

Answer 41

offers extended coverage for periods when a nurse is exposed to professional liabilities but no longer has a claims-made policy

Question 42

Disciplinary defense insurance

Answer 42

provides the following if a nurse is brought before the LPN/LVN board of nursing for disciplinary actions and problems with the license

Question 43

Ethics

Answer 43

refer to values that influence a person’s behavior and the individual’s feelings and beliefs about what is right or wrong

Question 44

Advance directives

Answer 44

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

Question 45

Living will

Answer 45

written document that directs treatment in accordance with a patient’s wishes in the event of a terminal illness or condition

Question 46

Durable power of attorney

Answer 46

an agent, surrogate, or proxy to make health care decisions on the patient’s behalf based on the patient’s wishes

Question 47

Values

Answer 47

personal beliefs about the worth of an object, an idea, a custom, or an attitude

Question 48

Value clarification

Answer 48

the process of self-evaluation that helps gain insight into personal values

Question 49

To clarify values:

Answer 49

select the belief or behavior and consciously examine it

decide its value; and incorporate the value into everyday responses and behaviors

Question 50

Ethical dilemmas

Answer 50

situations that do not have a clear wrong or right answer; complex, confusing and often frustrating for situations that call for careful rational analysis

Question 51

Respect for people

Answer 51

this principle leads us to view all human life as sacred, with each individual having inherent worth as a person

Question 52

Autonomy

Answer 52

another ethical principle; it refers to freedom of personal choice, a right to be independent and make decisions freely

Question 53

Benefience

Answer 53

means doing good or acting for someone’s good; this is primarily important to nurses

Question 54

Nonmaleficence

Answer 54

means to do no harm

Question 55

Justice

Answer 55

patients have the same right to nursing interventions

Question 56

Code of ethics

Answer 56

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

Question 57

Reporting unethical behavior

Answer 57

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

Question 58

Health care proxy

Answer 58

assign durable power of attorney