Chapter 3 Ethical and Legal Issues Flashcards
distinguish right from wrong
ethics
ethics applied with concepts within scope of medicine
bioethics
serious critical thinking about how individuals should treat others
moral behavior
personal beliefs about what is important and desirable
values
valid, legally recognized claim or entitlement, both freedom from government interference or discriminatory treatment
right
no restriction whatsoever on individuals entitlement
absolute right
right where society has agreed and formalized into law
legal right
promotes action based on end result that produces MOST good (greatest happiness principle)
utilitarianism
decisions and actions are bound by sense of duty
principle/motivation on which action is based
“deontology”
kantianism
“do unto others as you would have them unto you”
centered in love for God & in treating others as we ourselves
christian ethics
do good and avoid hell. human knowledge of difference between good and bad
St. Thomas Aquinas –> decision making
Natural Law theories
decision based on whats best for INDIVIDUAL
ethical egoism
situation to choose between 2 equally unfavorable alternatives
ethical dilemma
independent choices for themselves
autonomy
one’s duty to benefit or promote the good of others;
beneficence
DO NO HARM
nonmaleficence
duty to treat all individuals equally and fairly
justice
truthful
veracity
Gather sub/obj data
consider personal values & values of others in ethical dilemmas
assessment
identify conflict
problem identification
- explore benefits & course of each alternative
- consider principles of ethical theories
- select alternative
Plan
act on decision made and communicate with others
implementation
what you see from the outcomes
evaluation
Clients rights
right to treatment
right to refuse treatment (and medication)
right to least restrictive treatment alternative
Forced medication reasons
- client dangerous to self/others
- med has reasonable change of providing help
- client refusal must be judged incompetent
type of aw enacted by legislature Ex: Nurse Practice act
statutory law
law applied to body of principles evolve from court decisions
Ex: how different states deal with nurses refusal to provide care for a specific client
common law
law that protects the private and property rights of individuals and business
civil law
individual has been wronged
tort
fail to fulfill obligation
Ex: HC professional clinic privileges terminated/reduced
contract
provide protection from conduct deemed injurious to the public
EX: theft of hospital drugs
criminal law
type of tort malpractice and negligence
unintentional tort
type of tort - touching someone w/o consent
Ex: charged with battery
intentional tort
3 elements of Informed consent
knowledge
competency
free will
type of involuntary commitment:
admission instigated by family, friends, police officers, the court, or HCP.
time limited of a scheduled court hearing within 72 hours
emergency commitment
type of involuntary commitment:
longer than emergency commitments.
- unable to make informed decisions concerning treatment
- likely to cause harm to self or others
- unable to fulfill basic personal needs necessary for health and safety
mentally ill person in need of treatment
type of involuntary commitment:
court-ordered mechanism used to compel person with mental illness to submit to treatment on an outpatient basis.
criteria :
- history of repeated decompensation requiring involuntary hospitalization
- likelihood that w/o treatment the individual will deteriorate
- presence of severe and persistent mental illness and limited awareness of illness
- risk for being homeless, incarcerated, violent, or committing suicide
-
involuntary outpatient comittment
type of involuntary commitment:
individual in danger of serious physical harm resulting in inability to provide for basic needs such as food, clothing, shelter, medical care, and personal safety
gravely disabled client
Avoiding liability
responding to patient educating complying with standard of care supervising care adhering to the nursing process documenting carefully following up on evaluation the care that was given
