Chapter 11: Ethical and Legal Considerations Flashcards
Deontology is an ethical theory that stresses
the rightness or wrongness of individual behaviors, duties, and obligations without concern for the consequences of specific actions.
Utilitarianism maintains that
behaviors are determined to be either right or wrong solely on the basis of their consequences. ‘
Bioethics is the study of
ethical and philosophical issues in biology and medicine.
bioethics examples include
Genetic testing
Cloning and embryonic stem cell research
End-of-life care
Futile care: care that is perceived as useless and that prolongs the time until death rather than restoring life
what are the 3 laws of Legal Implications in Nursing Practice
- Delineate acceptable nursing practice.
“2. Provide a basis on which many health
care decisions are made.” - Protect nurses from liability.
who defines the scope of practice for nursing practice ?
Nursing Practice Act (NPA) defines the scope of nursing practice within the state.
Safe Practice Alerts!
Inform patients of procedures before initiating care.
If there is any doubt about a patient’s comprehension of a procedure, asking the patient to explain what is to be done will alert the nurse to any areas of ambiguity that need clarification and ensure patient understanding.
Nurses must be careful when discussing information about patients and colleagues.
what are the Negligence/Malpractice “Four Ds”?
Duty
Dereliction
Damages
Direct cause
Duty:
It must be proved that the nurse or other health care provider owed a duty of care to the accusing patient.
Dereliction:
There must be evidence that the nurse’s actions did not meet the standard of care required or that care was totally omitted.
Damages:
Actual injury to the accusing patient must be evident.
Direct cause:
A causal relationship must be established between harm to the accusing patient and the actions or omitted acts of the nurse.
what are the Guidelines for Professional Nursing Practice Within Legal Boundaries?
Maintain confidentiality.
Follow legal and ethical guidelines when sharing information.
Document punctually and accurately.
Adhere to established institutional policies governing safety and procedures.
Comply with legal requirements for handling and disposing controlled substances.
Meet licensure and continuing education requirements.
Practice responsibly within the scope of personal capabilities, professional experience, and education.
The three professional liability issues of particular concern for nurses are:
Professional practice conduct
Adherence to the Principles for Delegation established by the ANA and legally binding within each state’s Nurse Practice Act
Accurate and timely documentation.
Potential for Professional Boundary Violations include:
Engaging in excessive self-disclosure of personal information to a patient
Keeping secrets with a patient; limiting others from conversation and patient information
Spending excessive amounts of time with one patient
Acting as if a patient is a family member or close personal friend
Failing to protect the patient from inappropriate sexual involvement with the nurse
