Ch 4 Ethical & Legal Issues

Question 0

Utilitarianism

Answer 0

Actions are right if they promote happiness and wrong if they produce the reverse of happiness. An ethical decision based on the utilitarian view looks at the end results of the decision

Question 1

Ethical theory

Answer 1

moral principle or a set of moral principles that can be used in assessing what is morally right or morally wrong (e.g. Utilitarianism, Kantianism)

Question 2

Kantianism

Answer 2

Also called deontology= “deon” meaning duty. Directly opposed to utilitarianism. You make decisions that are MORALLY RIGHT; not based on the outcome. -Immanuel Kant

Question 3

Christian Ethics

Answer 3

“Do unto others as you would have them do unto you.” Advances the importance of virtues such as love, forgiveness, and honesty.

Question 4

Natural Law

Answer 4

Based on Thomas Aquinas writings. As rational human beings, we inherently know the difference between good and evil (God-given).

Question 5

Ethical Egoism

Answer 5

An individual’s actions are determined by what is to his or her advantage. The action may not be best for anyone else involved, but consideration is only for the individual making the decision.

Question 6

Ethical dilemma

Answer 6

A situation that requires an individual to make a choice between two equally unfavorable alternatives

Question 7

Ethical principles

Answer 7

Fundamental guidelines that influence decision-making: autonomy, beneficence, nonmaleficence, justice, and veracity

Question 8

Autonomy

Answer 8

Presumes that individuals are always capable of making independent choices for themselves

Question 9

Beneficence

Answer 9

Refers to one’s duty to benefit or promote the good of others. Actions that serve the client’s best interest. Ethical Egoism?

Question 10

Nonmaleficence

Answer 10

The requirement that health-care providers do no harm to their clients, either intentionally or unintentionally.

Question 11

Justice

Answer 11

The right of individuals to be treated equally regardless of race, sex, marital status, medical diagnosis, social standing, economic level, or religious belief.

Question 12

Veracity

Answer 12

This requires that the healthcare provider tell the truth and not intentionally deceive or mislead clients.

Question 13

Three criteria that must be met to force medication without client consent

Answer 13

1. The client must exhibit behavior that is dangerous to self or others
2. The medication must have a reasonable chance of providing help to the client
3. A clients refusal must be judged as incompetent

Question 14

Patient self-determination act

Answer 14

Requires healthcare facilities to provide clear written information for every patient concerning his or her legal rights: including the right to accept or refuse medication

Question 15

Statutory Law

Answer 15

SLCCC those NPA! Laws that have been enacted by a legislative body such as a county or city council, or the U.S. Congress which would be considered a state legislature Ex- Nurse Practice Acts

Question 16

Common Law

Answer 16

These laws are derived from decisions made in previous cases

Question 17

Civil Law

Answer 17

Protects the private and property rights of individuals and businesses. Usually involving “compensation” for actions. Two basic types: torts and contracts CLASSIFICATION WITHIN STATUTORY AND COMMON LAW

Question 18

Torts

Answer 18

One party asserts that wrongful conduct from another has caused harm and seeks compensation for harm suffered. May be international or unintentional. Ex- unintentional: malpractice and negligence actions intentional: touching of another person without that person’s consent (Battery)

Question 19

Criminal law

Answer 19

Provides protection from conduct deemed injurious to the public welfare.
Punishment can include imprisonment, parole conditions, a loss of privilege (e.g. license), a fine, or any combination of these.
Ex- Theft by a hospital employee of supplies or drugs
CLASSIFICATION WITHIN STATUTORY AND COMMON LAW

Question 20

Privileged communication

Answer 20

Some states grant certain professionals privileges under which they may refuse to reveal information about clients or the communications with clients.

Question 21

A duty to warn

Answer 21

Protection of a third-party. Supreme Court ruling that states that a mental health professional has a duty not only to a client but also to individuals who are being threatened by that client

Question 22

Legal liability for informed consent lies with the

Answer 22

Physician. A Nurse may sign the consent form as a witness for the client’s signature

Question 23

Orders for restraint or seclusion must be renewed every __ hours for adults 18 & up

Answer 23

4 hrs

Question 24

Orders for restraint or seclusion must be renewed every __ hours for children and adolescents 9-17 years old

Answer 24

2hrs

Question 25

Orders for restraint or seclusion must be renewed every __ hours for children younger than 9 years old

Answer 25

Every hour

Question 26

What must be conducted within one hour of initiating restraint or seclusion?

Answer 26

An in-person evaluation must be conducted within 1 hour. Appropriately trained registered nurses and physician assistants may also conduct this assessment but they must consult with the physician.

Question 27

True or false? State standards require a specific impact or consequence to flow from the mental illness that involves danger or an inability to care for one’s own needs in order to involuntarily hospitalize (INPATIENT BASIS)

Answer 27

True. The US Supreme Court held that the existence of mental illness alone does not justify involuntary hospitalization. They must be a harm to themselves or others & unable to take care of basic personal needs (“gravely disabled”).(INPATIENT)!!

Question 28

Involuntary outpatient commitment

Answer 28

A court-ordered mechanism used to compel a person with mental illness to submit to treatment on an outpatient basis. Esp if at risk of becoming homeless, incarcerated or violent, or of committing suicide. Or if history of repeated involuntary hospitalization. Likelihood that w/out treatment they will deteriorate. Severe and persistent mental illness like schizophrenia or bipolar disorder. The existence of an individualized plan likely to be effective.
“Kendra’s Law”- d/n wait for pt to be “dangerous” to become inpatient instead meet on outpatient basis to prevent the escalation.

Question 29

Gravely Disabled

Answer 29

Defined as a condition in which an individual, as a result of mental illness, is in danger of serious physical harm resulting from inability to provide for basic needs such as food, shelter, medical care.

Question 30

A legal action against Malpractice is weighed against

Answer 30

The professional standard

Question 31

An legal action against negligence is weighed against

Answer 31

What a reasonably prudent professional would have done the same or similar circumstances

Question 32

Nursing malpractice basic elements for lawsuit

Answer 32

1. A duty 2. A breach of duty 3. The client was injured 4. The injury was directly caused by the breach of a standard of care

Question 33

Most malpractice suits against nurses are

Answer 33

Civil

Question 34

Libel

Answer 34

Defamation of character done in writing

Question 35

Assault

Answer 35

An act that results in a persons genuine fear and apprehension that he or she will be touched without consent

Question 36

Battery

Answer 36

The unconsented touching of another person

Question 37

Avoid liability by

Answer 37

Responding to the patient, educating the patient, complying with the standard of care, supervising care, adhering to the nursing process, documenting carefully, following up by evaluating the care that was given

Question 38

The nurse acts as a client advocate to ensure that the following three major elements of informed consent have been addressed:

Answer 38

1. The client has received adequate information (knowledge)
2. The clients cognition is not impaired to an extent that would interfere with decision-making, if so, the client should have legal representative (competency)
3. Consent was given voluntarily without pressure or coercion (free will)