Chapter 4 Ethics and Laws Flashcards
______ involves choices or judgement about what should or should not be done
Ethics
What is ethics?
Knowledge of what is right conduct and wrong conduct
What is based on culture, religion, education, and experiences?
Judgements and views
What is code of ethics?
Rules, or standards of conduct, for group members to follow
_________ Separate helpful actions and behaviors from those that are not helpful
Professional Boundaries
If you are under-involved in a patients care, what 3 things can occur?
- Disinterest
- Avoidance
- Neglect
If you are over-involved in a patients care, what three things can occur?
- Boundary crossing
- Boundary violation
- Professional sexual misconduct
Boundary ________ is a brief act or behavior of being overinvolved with the person. The intent of the act or behavior is to meet the person’s need
Crossing
You hug a patient to meet their needs at the time, but the hug also meets your needs too. What is this an example of?
Boundary crossing
What is boundary violation?
Act or behavior that meets your needs, not the person’s
Boundary violation includes what three things?
- Abuse
- Giving a lot of information about yourself
- Keeping secrets with the person
______ ______ act or behavior is not ethical, it violates the code of conduct and the person can be harmed
Boundary violation
What is professional sexual misconduct?
Violation of professional interactions with an act, behavior, or comment that is sexual in nature
What is boundary sign?
Acts, behaviors, or thoughts that warn of a boundary crossing or boundary violation
T/F: Accepting gifts from patients, residents and their family is not a boundary violation.
FALSE: It is a boundary violation
T/F: Ethics is about what you can and cannot do
FALSE: The law is about what you can and cannot do
Ethics is about what you ______ or _______ not do
should
What is the law?
Is rule of conduct made by a government body
What is a criminal law?
Concerned with offenses against the public and society in general
What is a crime?
An act that violates a criminal law
What is civil laws?
Concerned with relationships between people
What are two examples of a civil law?
- Contracts
- Nurse practice act
What is tort?
A wrong committed against a person or the person’s property
What refers to the skills, care, and judgements required by a health team member under similar conditions
Standard of care
Standard of care comes from? (5)
- Laws
- Job description
- Agency Policies
- Procedures
- Manufacturers instructions
Which approval agencies set standards of care?
- Centers of Medicare & Medicaid Services (CMS)
- Accrediting agencies
Standards & guidelines also come from other government agencies like the?
Centers for Disease Control and Prevention (CDC)
_________ is a risk when standards of care are not met
Negligence
What is negligence?
An unintentional wrong. The negligent person did not act in a reasonable and careful manner. A person or the person’s property was harmed
Failure to use reasonable care or failure to take proper care in doing something
What is malpractice?
Negligence by a professional person: Nurse, pharmacist, doctor
What is defamation?
Injuring a person’s name and reputation by making false statements to a third person
What is the difference between Libel & Slander?
- Libel is making false statements in print, writing, through pictures or drawings
- Slander is making false statements through the spoken word, sounds, sign language, or gestures
Negligence and malpractice are considered what kind of torts?
Unintentional torts
______ is saying or doing something to trick, fool, or deceive a person
Fraud
False imprisonment involves what three things?
- Threatening to restrain a person
- Restraining a person
- Preventing a person from leaving the agency
What is false imprisonment?
Unlawful restraint or restriction of a person’s freedom of movement
What is assault?
Intentionally attempting or threatening to touch a person’s body without the person’s consent
What is battery?
Touching a person’s body without consent
Privacy of the resident/patient involves?
Person’s body, private affairs, and information about care, treatment, and condition
What is HIPAA?
Protects the privacy and security of a person’s health information
Health Insurance Portability and Accountability Act of 1996
Who is responsible for informing the person about all aspects of treatment?
The doctor
What is informed consent?
Person receives and understands information about a treatment or procedure and is able to decide to receive or refuse the treatment or procedure
Who cannot give consent?
- Person under legal age (18 years)
- Person mentally unable: Unconscious, sedated, or confused
- Have certain mental health disorders
A informed consent is given by a responsible party, list some examples.
Spouse, parent, adult child, guardian, legal representative
T/F: You are responsible for obtaining written consent
False: You are never responsible for obtaining written consent
T/F: You can witness signing of consent
True
What is abuse?
*Willful *infliction of injury, unreasonable confinement, intimidation, or punishment that results in physical harm, pain, or mental anguish
If you suspect abuse or a patient confides in you to not tell the nurse about abuse happening, what will you do?
Say: “I will not keep it a secret”; tell the nurse
_________ adult is a person 18 years old or older who has a disability or condition that causes the person to be at risk for harm
Vulnerable
Who is considered an elder?
Older adult 60 years of age or older
What are the forms of elder abuse?
- Physical
- Neglect
- Financial abuse
- Emotional or psychological abuse
- Sexual
- Abandonment
_________ is the illegal, dishonest, unfair, or wrongful use of a person’s money property, or assets for one’s own use
Misappropriation
_______ is mis-use of a person’s money, property, or assets
Exploitation
What’s another name for intimate partner violence?
Domestic violence
What is intimate partner violence?
Physical violence, sexual violence, stalking, or psychological aggression by a current or former partner
What is neglect of a child?
Failing to provide for the child’s basic needs such as food, clothing, shelter
