Chapter 16: ethics and law in nursing management Flashcards
1
Q
ethics defined
A
- branch of philosophy that examines ideal human behavior
- ethics and values are intertwined to determine behavior
- different societies and cultures have different ethics
2
Q
personal values
A
underlying principles of ethical behavior
3
Q
values
A
personal beliefs about the truth, thoughts, and behaviors of a person
4
Q
ethical dilemma
A
conflict between two or more fundamental values
5
Q
autonomy
A
the right to choose one’s own actions
6
Q
beneficence
A
do what is good for the patient
7
Q
nonmaleficence
A
do no harm to the patient
8
Q
justice
A
being just, impartial, and fair
9
Q
fidelity
A
faithfulness to promises or agreements
10
Q
veracity
A
being truthful and honest
11
Q
bioethics
A
a field of ethics developed as a result of rapidly expanding knowledge and technologies that affect individuals, families, communities, and healthcare institutions.
12
Q
Deontology
A
- represents one’s duty to others and to fulfill obligations
- do no harm
- based on rules and societal norms
- human dignity
13
Q
utilitarianism
A
- represents how useful decision is to greatest number of people
- based on idea that what is useful is a good thing
- values the needs of group over the needs of individuals
14
Q
steps for ethical reasoning
A
- clearly identify the problem
- identify your personal values as related to the dilemma
- identify possible alternatives
- determine the impact of outcomes
- examine the outcomes as they relate to the listed alternatives
- develop plan
- implement plan
- evaluate plan
15
Q
legal issues
A
- LPNS are responsible for providing nursing care based on estalished standards
- to neglect to do so is a criminal act
16
Q
Nurse Practice Act
A
- sets forth the legal requirements in the state where the LPN practices
17
Q
what the Nurse Practice Act does
A
- establishes and enforces rules for licensure
- develops and enforces rules and regulations of nursing practice in the state: the rules supplement the laws
- enforces the laws that are determined, written and changed by the state legislature
18
Q
state board of nursing
A
- responsible for nursing practice, licensure, and education for the state
- can only enforce the rules and regulations that are in the Nurse Practice Act
- responsible for disciplinary action, such as withdrawing licensure from a nurse or requiring a substance abuse program
- nurses must know and follow the dictates of the nurse practice act in their state
19
Q
enacted laws
A
passed by formal law-making body like legilature
20
Q
regulatory laws
A
made by regulatory agencies, like the state board of nursing
21
Q
common law
A
- based on the common usage, custom, and judicial decisions or court rulings of previous cases
- common law is used to sway judges or juries
- often determined by expert witnesses who offer testimony
22
Q
institutional policies and procedures
A
- do not have the same force as law
- provide guidance to the nurse as to ow situation should be managed/proper course of action
23
Q
criminal law
A
- laws related to public law
- crimes are punishable by imprisonment, probation, loss of license, or fines
- any violation of a law that governs nursing practice is a crime
24
Q
civil law
A
- laws between organizations and/or individuals
25
tort
violation of a civil law in which another has been wronged
26
standard of care
level of care that would be rendered by a comparable nurse in a similar circumstance
27
duty to seek medical care for the patient
- legal duty of nurse to ensure every patient receives safe and competent care
- act as pt advocate and do everything in your power to obtain appropriate medical care for patients
28
Good Samaritan law
- developed to protect those who voluntarily give assistance and care in an emergency without expecting to be paid
- provides protection to claims of negligence while providing care to the best of their ability
- it must be an emergency situation w/ consent from the pt if possible
29
confidentiality
- bound by legal and ethical principles
- share information w/ care team only
- share info w/ right person in right place
30
permission to treat
- pt must sign document
- everyone has the right to refuse treatment
- do all you can to promote compliance while respecting personal wishes
31
informed consent
- patients must receive information and understand possible outcomes, alternatives, and consequences
- nurse must obtain informed consent once the provider has explained the procedure
32
defamation of character
- sharing information about another that is malicious and false
33
libel
when defamation is in writing
34
slander
when defamation is verbal
35
advance directives
- all health care institutions must give patients an opportunity to determine what lifesaving or life prolonging measures they want implemented
36
durable power of attorney
- someone who makes health care decisions for a patient
37
negligence
- nurses must meet the standard of care in practice
- occurs when a nurse fails to perform according to the standard of care
38
requirements to establish negligence
- standard of care exists
- breach of standard of care occurred
- damage or injury has resulted
- damages were a consequence of the breach
39
malpractice
negligence committed by a professional person w/ a license
40
fraud
deliberate deception for the purpose of personal gain
41
assault
threat of unlawful touching of another; the willful attempt to harm someone
42
battery
unlawful touching of another w/out consent, justification, or excuse
43
false imprisonment
- preventing movement or making a person stay in a place without obtaining consent
- can be done through physical or nonphysical means
- a right of every pt to leave a facility at any time, even against medical advice
44
guidelines for preventing a lawsuit
- knowledge
