Chapter 16: ethics and law in nursing management Flashcards
ethics defined
- branch of philosophy that examines ideal human behavior
- ethics and values are intertwined to determine behavior
- different societies and cultures have different ethics
personal values
underlying principles of ethical behavior
values
personal beliefs about the truth, thoughts, and behaviors of a person
ethical dilemma
conflict between two or more fundamental values
autonomy
the right to choose one’s own actions
beneficence
do what is good for the patient
nonmaleficence
do no harm to the patient
justice
being just, impartial, and fair
fidelity
faithfulness to promises or agreements
veracity
being truthful and honest
bioethics
a field of ethics developed as a result of rapidly expanding knowledge and technologies that affect individuals, families, communities, and healthcare institutions.
Deontology
- represents one’s duty to others and to fulfill obligations
- do no harm
- based on rules and societal norms
- human dignity
utilitarianism
- 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
steps for ethical reasoning
- 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
legal issues
- LPNS are responsible for providing nursing care based on estalished standards
- to neglect to do so is a criminal act
Nurse Practice Act
- sets forth the legal requirements in the state where the LPN practices
what the Nurse Practice Act does
- 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
state board of nursing
- 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
enacted laws
passed by formal law-making body like legilature
regulatory laws
made by regulatory agencies, like the state board of nursing
common law
- 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
institutional policies and procedures
- do not have the same force as law
- provide guidance to the nurse as to ow situation should be managed/proper course of action
criminal law
- 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
civil law
- laws between organizations and/or individuals
tort
violation of a civil law in which another has been wronged
standard of care
level of care that would be rendered by a comparable nurse in a similar circumstance
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
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
confidentiality
- bound by legal and ethical principles
- share information w/ care team only
- share info w/ right person in right place
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
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
defamation of character
- sharing information about another that is malicious and false
libel
when defamation is in writing
slander
when defamation is verbal
advance directives
- all health care institutions must give patients an opportunity to determine what lifesaving or life prolonging measures they want implemented
durable power of attorney
- someone who makes health care decisions for a patient
negligence
- nurses must meet the standard of care in practice
- occurs when a nurse fails to perform according to the standard of care
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
malpractice
negligence committed by a professional person w/ a license
fraud
deliberate deception for the purpose of personal gain
assault
threat of unlawful touching of another; the willful attempt to harm someone
battery
unlawful touching of another w/out consent, justification, or excuse
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
guidelines for preventing a lawsuit
- knowledge
