Chapter 3 Ethical and Legal Issues Flashcards
Define ethics.
branch of philosophy that deals with systematic approaches to distinguishing right from wrong behavior
Define bioethics.
refers to concepts within the scope of medicine, nursing, and allied health
Define moral behavior.
conduct that results from serious critical thinking about how individuals should treat others; reflects the way a person interprets basic respect for other persons, like respect for autonomy, freedom, justice, honesty, and confidentiality
Define values.
personal beliefs about what is important and desirable
Define values clarification.
process of self exploration through which individuals identify and rank their own personal values
Define right.
valid, legally recognized claim encompassing both freedom from government interference or discriminatory treatment and entitlement to a benefit or service
Define absolute right.
no restrictions on individual’s entitlement
Define legal right.
society has agreed and formalized into law
Define utilitarianism.
“greatest-happiness principle”; looks at end results of decision; the action that should be taken is whichever results in the most good/happiness for the most people
Define Kantianism.
directly opposed to utilitarianism; the principle or motivation of the action is what matters; actions are bound by a sense of duty; decisions are made to respect moral law
“I made this choice because it’s morally right and my duty to do so”
Define Christian Ethics.
treating others with the same respect and dignity with which we should be treated
Define natural law theory.
based on St. Thomas Aquinas writings; decisions of right and wrong are self evident and determined by human nature; as rational humans, we inherently know the difference between good and evil
Define ethical egoism.
what is right and good is what is best for the individual making the decision; only considers the individual making the decision and what is the most advantageous to them
Define ethical dilemma.
situation that requires individual to make a choice between two equally unfavorable alternatives
Define autonomy.
arises from Kantianism; people are independent moral agents whose right to determine their own destinies should always be respected
Define beneficence.
one’s duty to benefit or promote the good of others
Define nonmaleficence.
requirement that healthcare providers do no harm to their clients, intentionally or unintentionally; abstaining from negative acts toward another; acting carefully to avoid harm
Define justice.
based on the notion of a hypothetical social contract between free, equal, and rational persons; duty to treat all individuals equally and fairly
Define veracity.
one’s duty to always be truthful
What model/steps should be used to make ethical decisions?
Assessment: gather objective and subjective data; consider personal values and values of others involved
Problem Identification: identify the conflict between two or more alternative actions
Planning: weight benefits and consequences of alternative actions; consider ethical theories; select action
Implementation: act on decision made and communicate decision to others
Evaluation: evaluate outcomes
What rights do patients have specifically in psychiatric mental health nursing?
right to treatment
right to refuse treatment (including meds)
right to least restrictive treatment alternative
What are the Nurse Practice Acts?
defines the legal parameters of professional and practical nursing
What are the types of laws that pertain to nurses?
statutory law: enacted by a legislative body; ex. nurse practice acts
common laws: derived from decisions from previous cases; ex. different states dealing with nurse’s refusal to provide care for a specific client
Define civil law and subcategories of civil law.
protects private and property rights of individuals and businesses; includes torts and contracts
Define tort.
violation of civil law in which an individual has been wronged
Define contracts.
one party asserts that the other party failed to fulfill an obligation and demands compensation or performance of the obligation
Define criminal law.
provides protection from conduct deemed injurious to public welfare.
What are exceptions to HIPAA?
duty to warn, suspected child or elder abuse
What are exceptions/conditions when informed consent does not need to be obtained?
client is mentally incompetent to make a decision and treatment is necessary to preserve life or avoid serious harm
when refusing treatment endangers the life or health of another
in an emergency when a client is in no condition to exercise judgement
when client is a child (consent from parent or surrogate)
in case of therapeutic privilege (information may hinder or complicate necessary treatment, cause severe psychological harm, or be so upsetting that it prevents a rational decision by the client)
What is the nurse’s role in ensuring informed consent?
ensuring three elements of informed consent are addressed:
knowledge (adequate information to make a decision)
competency (cognition is not impaired and doesn’t interfere with decision making)
free will (consent was given voluntarily without pressure or coercion from others)
What are some standards made by the Joint Commission on seclusion and restraint?
- minimize use of restraint and seclusion, but when used, use safely
- discontinue seclusion or restraint at earliest possible time regardless of when the order expires
- orders for restraint or seclusion must be renewed every 4 hours for adults 18 or older, every 2 hours for ages 9 to 17, every hour for children younger than 9
- assess patient in restraints or seclusion every 15 minutes
Define false imprisonment.
deliberate and unauthorized confinement of a person within fixed limits by the use of verbal or physical means
What are some reasons for involuntary commitments?
danger to self or others
gravely disabled (can’t provide for basic personal needs due to mental illness, needs like food, clothing, shelter, medical care, safety)
need of treatment
Define negligence.
failure to exercise the care toward others that a reasonable or prudent person would do in the circumstances
Define malpractice.
act or continuing conduct of a professional that doesn’t meet the standard of competence and results in provable damages to the patient
What are types of lawsuits that occur in psychiatric nursing?
breach of confidentiality
defamation of character (libel, slander)
invasion of privacy
assault and battery
false imprisonment
Define defamation of character.
information is shared that is detrimental to the client’s reputation
includes libel (written) and slander (verbal)
Define invasion of privacy.
client is searched without probable cause
Define assault.
act that results in person’s genuine fear and apprehension that they will be touched without consent.
Define battery.
unconsented touching of another person
An operating room nurse asks a psychiatric nurse, “How can you work with the mentally ill day in and day out?” The psychiatric nurse replies, “It’s just the right thing to do.” The psychiatric nurse is operating from which ethical framework?
A. Kantianism
B. Christian ethics
C. Ethical egoism
D. Utilitarianism
A. Kantianism