ch 3 ethical and legal issues Flashcards
ethical principle: personal freedom
autonomy
ethical principle: duty to do good
beneficence
ethical principle: do no harm
nonmaleficence
ethical principle: truth telling in completeness
veracity
ethical principle: fairness
justice
ethical principle: assisting with decision making
paternalism
ethical principle: keeping one’s promises/commitments
fidelity
ethical principle: dignity of the person
respect for others
formal statements that articulate values and beliefs of a given profession
professional code of ethics
situations in which two ethical principles compete
moral distress
act that establishes a state board of nursing and sets scope of nursing
nurse practice acts
unintentional carelessness
negligence
professional negligence; lack of skill
malpractice
6 elements of malpractice
- duty owed to patient
- duty breached
- forseeability
- causation
- injury
- damages
element of malpractice: established through a valid employment contract with the healthcare facility, based on standards of care
duty owed to pt
element of malpractice: synonymous with failing to uphold the standard of care owed the pt
duty breached
element of malpractice: concept that certain events can be expected
forseeability
element of malpractice: what nurse did/failed to do must directly cause pts subsequent harm
causation
element of malpractice: physical harm, pain and suffering may accompany it
injury
element of malpractice: proven injury, compensation for injured party
damages
individual responsibility and accountability for actions or omissions
personal liability
employer’s accountability for the negligence of employees
vicarious liability
institution responsibility and accountability for maintaining an environment that ensures quality healthcare delivery for consumers
corporate liability
malpractice concerns for nurse managers (5)
- assignment, delegation, supervision
- duty to orient, educate, evaluate
- failure to warn
- staffing issues
- protective and reporting laws
active process of directing, guiding, and influencing the outcome of an individual’s performance of an activity
supervision
transfer of responsibility, but not of accountability, for performance of an activity (RN to CNA)
delegation
transfer of the responsibility and the accountability for the performance of an activity
assignment
authorization by the patient or legal rep to do something to the pt. based on legal capacity, voluntary action, and comprehension
informed consent
patient’s right to protection against unreasonable interference with reputation or right to be left alone
privacy
right to privacy of the medical record
confidentiality
scope of nursing practice, those actions and duties that are allowable by the profession, is defined and guided by each state in the ?
nurse practice act
3 categories of nurses defined by nurse practice act
- LPN/LVN
- RN
- APRN
federal labor legislation: Established a more equal balance of power between unions and management
taft-harley act
federal labor legislation: Protected against discrimination based on race, color, creed, national origin, etc.
civil rights act 1964
federal labor legislation: Addressed sexual harassment in the workplace
civil rights act 1991
federal labor legislation: Allowed work leaves based on family and medical needs
family and medical leave act
5 primary hazards according to OSHA
- musculoskeletal disorders related to pt handling
- blood borne pathogens
- workplace violence
- TB
- slips, trips, falls
