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NCLEX Preparation > Ch. 6: Ethical and Legal Issues > Flashcards

Ch. 6: Ethical and Legal Issues Flashcards

1
Q

What is this ethical principal: Respect for an individual’s right to self-determination and making one’s own decisions

A

Autonomy

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2
Q

What is this ethical principal: The obligation to do or cause no harm to another

A

Nonmaleficence

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3
Q

What is this ethical principal: The duty to do good to others and to maintain a balance between benefits and harms.

A

Beneficence

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4
Q

What is an undesirable outcome of beneficence?

A

Paternalism, where the HCP decides what’s best for a client/encourages the client to act against their own choices.

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5
Q

What is this ethical principal: The equitable distribution of potential benefits and tasks determining the order in which clients should be cared for?

A

Justice

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6
Q

What is this ethical principal: The obligation to tell the truth and communicate truthfully

A

Veracity

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7
Q

What is this ethical principal: The duty to do what one has promised, to maintain loyalty and commitment to the client, to be faithful to agreements and responsibilities one has undertaken, and to do no wrong to the client

A

Fidelity

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8
Q

Are ethical codes legally binding?

A

No

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9
Q

What do ethical codes describe for the nurse?

A

The nurse’s obligation to the client, the role of the nurse, and duties of the nurse to the profession and society.

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10
Q

What is an ethical dilemma?

A

No correct decision exists, and the nurse must make a choice between two alternatives that are equally unsatisfactory.

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11
Q

What are steps of ethical reasoning?

A

The nurse should gather all info, examine their own values, verbalize the problem, consider possible courses of action, negotiate the outcome, and evaluate the action taken.

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12
Q

What is a respondent superior?

A

The employer is held liable for any negligent acts of an employee if the alleged negligent act occurred during the employment relationship and was within the scope of the employee’s responsibilities.

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13
Q

Are policies laws?

A

No, but the court will generally rule against a nurse who violates policies.

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14
Q

When can a charge of abandonment be made?

A

If nurses walk out when staffing is inadequate!

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15
Q

What should nurses do in short staffing situations?

A

They are obligated to make a report to the nursing administration.

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16
Q

What are rules surrounding floating?

A

Legally, the nurse cannot refuse to float unless the nurse can prove lack of knowledge for the performance of assigned tasks. Patient safety is a priority.

Nurses must not assume responsibility beyond their level of experience or qualification.

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17
Q

When should standards of care be reviewed?

A

When floating to a new unit

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18
Q

What are some causes for disciplinary action?

A

Unprofessional conduct, conduct that could affect the welfare of the public adversely, breach of client confidentiality, failure to use sufficient knowledge/skills/nursing judgment, physically/verbally abusing a client, assuming duties without sufficient preparation, knowingly delegating to unlicensed personnel things that put pt at risk, failure to maintain an accurate record for each client, falsifying a client’s record, or leaving a nursing assignment without properly notifying appropriate personnel.

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19
Q

What is negligence?

A

Can include acts of commission and acts of omission.

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20
Q

What is malpractice?

A

Negligence on the part of the nurse, especially when the client is injured because the nurse failed to perform the duty

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21
Q

What is proximate cause?

A

The breach of the duty was the legal cause of injury to the client.

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22
Q

Why is it important for a nurse to have professional liability insurance?

A

The attorney has only the nurse’s interests in mind.

23
Q

How do Good Samaritan Laws impact nurses?

A

If a HCP receives no compensation for care provided and is not intentionally negligent, nurse has immunity from law suit.

24
Q

What is assault?

A

Unwelcome contact with another person. The victim fears/believes that harm will result because of the threat.

25
Q

What is battery?

A

An intentional touching of another’s body without the other’s consent.

26
Q

What is false imprisonment?

A

Occurs when a client is not allowed to leave a health care facility when there is no legal justification to detain the client, or when restraining devices are used without an appropriate clinical need.

27
Q

What is defamation?

A

False communication that causes damage to someone’s reputation, either in writing or verbally.

28
Q

When caring for clients with mental health disorders, what policy should be priority?

A

The nurse should use the least restrictive methods first.

29
Q

What does the Client’s Bill of Rights reflect?

A

Acknowledgment of clients’ rights to participate in their health care, with an emphasis on client autonomy.

30
Q

What is the Patient Care Partnership?

A

It protects the client’s ability to determine the level and type of care received.

31
Q

How old must a person be in order to consider organ donation?

A
  1. They can indicate it on their license or in an advance direction.
32
Q

Which organs can only be obtained from a person who is on mechanical ventilation with brain death?

A

Heart, lungs, and liver.

33
Q

Pts with which illnesses are excluded from organ donation?

A

Those with cancer or infectious diseases.

34
Q

Does the donation of organs affect funeral arrangements?

A

No, it does not delay funeral arrangements. AND no cost is incurred to the family.

35
Q

Give five examples of required consents.

A

Admission agreement, immunization consent, blood transfusion consent, surgical consent, and research consent.

36
Q

When can informed consent be waived?

A

In urgent medical/surgical intervention as long as institutional policy so indicates.

37
Q

When can the client refuse information and waive informed consent?

A

At any time, but this decision must be documented in the medical record.

38
Q

When can the client withdraw consent?

A

At any time!

39
Q

What are four examples of mentally/emotionally incompetent clients?

A

Declared incompetent, unconscious, under the influence of chemical agents (ie drugs/alcohol), or those with chronic dementia or other mental deficiency that impairs thought processes/ability to make decisions.

40
Q

When can a minor give legal informed consent?

A

When they’re an emancipated minor: established independence from parents through marriage, pregnancy, service in the armed forces, or by a court order.

41
Q

In which cases can a minor seek care without knowledge of their guardians?

A

According to the Guttmacher Report on Public Policy: in emergency, or in treatment related to substance abuse, treatment of a sexually transmitted infection, HIV/AIDS treatment, pregnancy, birth control services, or psychiatric services

42
Q

What is Health Insurance Portability and Accountability Act?

A

HIPAA, which protects personal health information.

43
Q

When can disclosure of PHI be done?

A

When used for health care payment/operation purposes, treatment purposes, providing info about health care services, for data aggregation to make health care benefit decisions, and for administering health care benefits.

44
Q

Give several examples of occurrences that need to be reported.

A

Accidental omission of prescribed therapies, circumstances that led to injury or a risk for client injury, falls, needlesticks, med admin errors, procedure-related or equipment-related accidents, visitor injury, visitor who exhibits symptoms of a communicable disease, significant complaint by client, family, or HCP

45
Q

When is an occurrence report used?

A

As means of identifying risk situations and improving client care.

46
Q

When should an occurrence report be copied/placed in a client’s chart?

A

Never; and it’s not a substitute for a complete entry in the client’s record regarding the occurrence.

47
Q

What should you do if a client injury or error in care occurred?

A

ASSESS THE CLIENT FREQUENTLY.

48
Q

What are the six components of a medication prescription?

A

Date and time prescription was written, med name and dose, route of admin, frequency of admin, and primary HCP’s signature

49
Q

What is the Patient Self-Determination Act?

A

A law that requires clients be provided with information about their rights to have written directions about the care they wish to receive in the event that they become incapacitated and are unable to make health care decisions.

50
Q

What are instructional directives?

A

A type of advance directive that is a list of medical treatments that a client chooses to omit/refuse if they become unable to make decisions/is terminally ill.

51
Q

What is a durable power of attorney?

A

A type of advance directive that appoints a health care proxy to make decisions on the client’s behalf.

52
Q

What is the nurse’s role in discussing advance directives?

A

They should be identified upon arrival, the nurse needs to let the PHCP know the presence of an advance directive, and the nurse can document as a witness

53
Q

True or false: An employee who reports unsafe working conditions can be retaliated against by the employer.

A

False.

NCLEX Preparation (4 decks)

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