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
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2
Q

personal values

A

underlying principles of ethical behavior

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3
Q

values

A

personal beliefs about the truth, thoughts, and behaviors of a person

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4
Q

ethical dilemma

A

conflict between two or more fundamental values

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5
Q

autonomy

A

the right to choose one’s own actions

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6
Q

beneficence

A

do what is good for the patient

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7
Q

nonmaleficence

A

do no harm to the patient

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8
Q

justice

A

being just, impartial, and fair

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9
Q

fidelity

A

faithfulness to promises or agreements

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10
Q

veracity

A

being truthful and honest

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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.

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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
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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
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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
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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
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16
Q

Nurse Practice Act

A
  • sets forth the legal requirements in the state where the LPN practices
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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
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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
Q

tort

A

violation of a civil law in which another has been wronged

26
Q

standard of care

A

level of care that would be rendered by a comparable nurse in a similar circumstance

27
Q

duty to seek medical care for the patient

A
  • 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
Q

Good Samaritan law

A
  • 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
Q

confidentiality

A
  • bound by legal and ethical principles
  • share information w/ care team only
  • share info w/ right person in right place
30
Q

permission to treat

A
  • pt must sign document
  • everyone has the right to refuse treatment
  • do all you can to promote compliance while respecting personal wishes
31
Q

informed consent

A
  • patients must receive information and understand possible outcomes, alternatives, and consequences
  • nurse must obtain informed consent once the provider has explained the procedure
32
Q

defamation of character

A
  • sharing information about another that is malicious and false
33
Q

libel

A

when defamation is in writing

34
Q

slander

A

when defamation is verbal

35
Q

advance directives

A
  • all health care institutions must give patients an opportunity to determine what lifesaving or life prolonging measures they want implemented
36
Q

durable power of attorney

A
  • someone who makes health care decisions for a patient
37
Q

negligence

A
  • nurses must meet the standard of care in practice
  • occurs when a nurse fails to perform according to the standard of care
38
Q

requirements to establish negligence

A
  • standard of care exists
  • breach of standard of care occurred
  • damage or injury has resulted
  • damages were a consequence of the breach
39
Q

malpractice

A

negligence committed by a professional person w/ a license

40
Q

fraud

A

deliberate deception for the purpose of personal gain

41
Q

assault

A

threat of unlawful touching of another; the willful attempt to harm someone

42
Q

battery

A

unlawful touching of another w/out consent, justification, or excuse

43
Q

false imprisonment

A
  • 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
Q

guidelines for preventing a lawsuit

A
  • knowledge