Ch.6 Ethical and Legal Issues Flashcards
What are ethics?
The branch of philosophy concerned with the distinction between right and wrong on the basis of a body of knowledge, not only on the basis of opinions.
What are ethical Codes?
! Are these codes legally binding?
! = pyramid point
Ethical codes provide broad principles for determining and evaluating client care.
These codes are not legally binding, but the board of nursing has authority in most states to reprimand nurses for unprofessional conduct that results from violation of the ethical codes.
! ADVOCATE
What is an advocate?
What do they represent?
What does an advocate avoid?
An advocate is a person who speaks up for or acts on the behalf of the client, protects the client’s right to make his or her own decisions, and upholds the principle of fidelity.
An advocate represents the client’s viewpoint to others.
An advocate avoids letting personal values influence advocacy for the client and supports the client’s decision, even when it conflicts with the advocate’s own preferences or choices.
ETHICS COMMITTIEES
What are they?
What is good to know about ethics committies?
These committees develop and establish policies and procedures to facilitate the prevention and resolution of dilemmas.
Its good to know that whatever they decide its only a recomendation to the family.
! NURES PRACTICE ACTS
What are they?
What standards do the practice acts set?
What are we supposed to know about the practice acts?
A nurse practice act is a series of statutes that have been enacted by each state legislature to regulate the practice of nursing in that state.
All nurses are responsible for knowing the provisions of the act of the state or province in which they work.
Practice acts are diffrent in each state.
What is the standard of care?
Standards of care are guidelines that identify what the client can expect to receive in terms of nursing care.
! If you walk out on a short staffed stressfull night what can happen to you?
Charges of abandonment may be made against nurses who “walk out” when staffing is inadequate.
What is floating?
Floating is an acceptable practice used by health care facilities to alleviate understaffing and overstaffing.
! Can a nurse legally refuse to float?
Legally, the nurse cannot refuse to float unless a union contract guarantees that nurses can work only in a specified area or the nurse can prove lack of knowledge for the performance of assigned tasks.
When floating the nurse should make sure that they dont?
Nurses in a floating situation must not assume responsibility beyond their level of experience or qualification.
Nurses who float should inform the supervisor of any lack of experience in caring for the type of clients on the new nursing unit.
Define liable?
Responsible.
!What is Negligence?
Negligence is conduct that falls below the standard of care.
Negligence can include acts of commission and acts of omission.
The nurse who does not meet appropriate standards of care may be held liable.
! What is malpractice? How do we determine mal practice in nursing?
Malpractice is negligence on the part of the nurse.
Malpractice is determined if the nurse owed a duty to the client and did not carry out the duty and the client was injured because the nurse failed to perform the duty.
! How do we prove the liablity of a nurse?
Duty: At the time of injury, a duty existed between the plaintiff and the defendant.
Breach of duty: The defendant breached duty of care to the plaintiff.
Proximate cause: The breach of the duty was the legal cause of injury to the client.
Damage or injury: The plaintiff experienced injury or damages or both and can be compensated by law.
What are the good samaritan laws?
These laws encourage health care professionals to assist in emergency situations and limit liability and offer legal immunity for persons helping in an emergency, provided that they give reasonable care.
What is good to know about controlled substances?
It takes to nurses to waste.
! What is assault?
Assault occurs when a person puts another person in fear of a harmful or offensive contact.
The victim fears and believes that harm will result because of the threat.
What is battery?
Battery is an intentional touching of another’s body without the other’s consent.
What is invasion of privacy?
Invasion of privacy includes violating confidentiality, intruding on private client or family matters, and sharing client information with unauthorized persons.
What are some times that false impriosonment happens?
False imprisonment occurs when a client is not allowed to leave a health care facility when there is no legal justification to detain the client.
False imprisonment also occurs when restraining devices are used without an appropriate clinical need.
When can a patient sighn out agaianst medical advice(AMA)? What should the nurse do?
A client can sign an Against Medical Advice form when the client refuses care and is competent to make decisions.
The nurse should document circumstances in the medical record to avoid allegations by the client that cannot be defended.
What is defamation?
Defamation is a false communication that causes damage to someone’s reputation, either in writing (libel) or verbally (slander).
! What is fraud?
Fraud results from a deliberate deception intended to produce unlawful gains.
When dealing with a psych patient and the thought of restraints might be an option what should we do?
The nurse should use the least restrictive methods initially, but then use interventions such as restraint if the client’s behavior indicates the need for this intervention.
! What is the clients bill of rights?
The document provides a list of the rights of the client and responsibilities that the hospital cannot violate ; all health care agencies are required to have a Client’s Bill of Rights posted in a visible area.
What is the Mental Health Systems ACT?
The Mental Health Systems Act created rights for mentally ill people.
The Joint Commission has developed policy statements on the rights of mentally ill people.
Psychiatric facilities are required to have a Client’s Bill of Rights posted in a visible area.
! How old do you have to be to donate an organ?
18.
! If you are unsure of who can provide consent for organ donation where can you work?
The Uniform Anatomical Gift Act provides a list of individuals who can provide informed consent for the donation of a deceased individual’s organs.
! Who sets the criteria for organ donations?
The United Network for Organ Sharing.
! Can all organs be donated?
Some organs, such as the heart, lungs, and liver, can be obtained only from a person who is on mechanical ventilation and has suffered brain death, whereas other organs or tissues can be removed several hours after death.
! What can a organ donor not be?
A donor must be free of infectious disease and cancer.
! When it comes to family concerns about funeral delay due to organ donation what do we say?
Donation of organs does not delay funeral arrangements; no obvious evidence that the organs were removed from the body shows when the body is dressed; and the family incurs no cost for removal of the organs donated.
