Chapter 3 Laws and Ethics Key Terms Flashcards
administrative laws
Legal provisions through which federal, state, and local agencies maintain self-regulation affect the power to manage governmental agencies.
advance directive
A written statement identifying a competent person’s wishes concerning terminal care.
allocation of scarce resources
It is deciding how to distribute limited life-saving equipment or procedures among several who could benefit.
anecdotal record
A personal account of an incident It is not recorded on any official form or filed with administrative records.
assault
It is an act in which bodily harm is threatened or attempted. Such harm may be physical intimidation, remarks, or gestures.
assumption of risk
It is determined by whether a client is forewarned of a potential safety hazard and chooses to ignore the warning. If that occurs, the court may hold the client responsible.
autonomy
Refers to a competent person’s right to make his or her own choices without intimidation or influence.
battery
Unauthorized physical contact can include touching a person’s body, clothing, chair, or bed.
beneficence
“doing good” or acting for another’s benefit. To do good, an ethical person prevents or removes any potentially harmful factor.
board of nursing
The regulatory agency for managing the provisions of a state’s nurse practice act) is primarily responsible for protecting the public receiving nursing care within the state.
civil laws
Statutes that protect personal freedoms and rights apply to disputes between individual citizens.
code of ethics
A list of written statements describing ideal behavior is a model for personal conduct.
code status
Refers to how healthcare providers are required to manage care in the case of cardiac or respiratory arrest.
common law
Decisions based on prior similar cases are also known as judicial law.
confidentiality
Safeguarding a person’s health information from public disclosure is the foundation for trust.
criminal laws
Penal codes that protect all citizens from people threatening the public good are used to prosecute those committing crimes.
defamation
An act in which untrue information harms a person’s reputation is unlawful.
defendant
a person charged with violating the law.
deontology
Ethical decision-making is based on duty or moral obligations.
documentation
Record keeping.
durable power of attorney for health care
Designates a proxy for making medical decisions when the client becomes so incompetent or incapacitated that he or she cannot make decisions independently.
duty
It is an expected action based on moral or legal obligations.
ethical dilemma
The choice between two undesirable alternatives occurs when individual values and laws conflict.
ethical dilemma
The choice between two undesirable alternatives occurs when individual values and laws conflict.
ethics
Moral or philosophical principles help classify actions as either right or wrong.
false imprisonment
Interference with a person’s freedom to move about at will without legal authority if a nurse detains a competent client from leaving the hospital or other health care agency.
felony
It is a severe criminal offense, such as murder, falsifying medical records, insurance fraud, and stealing narcotics.
fidelity
This means being faithful to work-related commitments and obligations.
Good Samaritan laws
Which provides legal immunity to passersby who offer emergency first aid to victims of accidents.
Gross negligence
With total disregard for another’s safety, healthcare providers may be charged with a criminal offense.
Health Insurance Portability and Accountability Act (HIPAA)
Legislation that sets national standards for the security of health information ensures that an individual’s electronic, paper, or oral health information is protected. Therefore, medical records and information are kept confidential to protect clients’ rights to privacy.
incident report
It is a written account of an unusual, potentially dangerous event involving a client, employee, or visitor.
intentional tort
These are lawsuits in which a plaintiff charges a defendant with committing a deliberately aggressive act.
invasion of privacy
Failure to leave people and their property alone. Nonmedical civil examples of offenses include trespassing, illegal search and seizure, wiretapping, and revealing personal information about someone, even if true.
justice
Mandates that clients be treated impartially without discrimination according to age, gender, race, religion, socioeconomic status, weight, marital status, or sexual orientation.
Laws
Rules of conduct established and enforced by the government are intended to protect the general public and each person.
liability insurance
A contract between a person or corporation and a company willing to provide legal services and financial assistance when the policyholder is involved in a malpractice lawsuit.
libel
Damaging statements written and read by others.
living will
It is an instructive form of an advance directive; that is, it is a written document that identifies a person’s preferences regarding medical interventions to use—or not use—in a terminal condition, irreversible coma, or persistent vegetative state with no hope of recovery.
malpractice
It is professional negligence, which differs from simple negligence. It holds professionals to a higher standard of accountability. Rather than being held accountable for acting as an ordinary, reasonable layperson in a malpractice case, the court determines whether a healthcare provider acted in a manner comparable to that of his or her peers.
Misdemeanor
It is a minor criminal offense (e.g., shoplifting).
National Practitioner Data Bank
It is a tracking system designed to protect the public from unfit healthcare practitioners. The database includes the names of licensed healthcare providers disciplined by hospitals, courts, licensing boards, professional associations, insurers, and peer review committees.
negligence
The harm that results because a person did not act reasonably implies that a person acted carelessly.
nonmaleficence
“doing no harm” or avoiding an action that deliberately harms a person.
Nurse licensure compacts
agreements between states in which a nurse licensed in one state can practice in another without obtaining an additional license.
nurse practice act
A statute that legally defines the unique role of the nurse and differentiates it from that of other healthcare providers, such as physicians
Nursing Home Reform Act
The Omnibus Budget Reconciliation Act (OBRA), federal legislation that sets standards of care and establishes certain rights for older adults, states that residents in nursing homes have “the right to be free of, and the facility must ensure freedom from, any restraints imposed or psychoactive drug administered for purposes of discipline or convenience, and not required to treat the resident’s medical symptoms.”
plaintiff
the person claiming injury.
reciprocity
Licensure based on evidence of having met licensing criteria in another state.
restraints
Are devices or chemicals that restrict movement. They are used to subdue a client’s activity.
risk management
The process of identifying and reducing the costs of anticipated losses is a concept originally developed by insurance companies.
slander
Character attack uttered orally in the presence of others.
statute of limitations
Designated time within which a person can file a lawsuit.
statutory laws
Laws enacted by federal, state, or local legislatures are sometimes identified as public acts, codes, or ordinances.
telehealth services
Technology that facilitates the transmission of health assessment and monitoring data with audio, video, and internet-based devices contributes to the welfare of homebound older adults or those who live in rural, remote, or underserved areas for health care.
telenursing
Facilitates a cost-effective alternative when a nurse is employed to provide telenursing,
teleology
Ethical decision-making based on outcomes.
tort
Litigation is when one person asserts that a physical, emotional, or financial injury resulted from another person’s actions or failure to act.
truth-telling
Proposes that all clients have the right to complete and accurate information. It implies that physicians and nurses must tell clients the truth about matters concerning their health.
unintentional tort
Result in an injury, though the person responsible did not mean to cause harm. The two types of unintentional torts involve allegations of negligence and malpractice.
values
These are a person’s most meaningful beliefs and the basis on which he or she makes most decisions about what is right or wrong.
veracity
This means being honest and avoiding deceiving or misleading a client.
whistle-blowing
As the name implies, reporting incompetent or unethical practices calls attention to unsafe or potentially harmful situations.
