E. Legal and Ethical Issues Flashcards
the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances
Negligence
a professional misconduct, negligent care or treatment or failure to meet the standards of care resulting in harm to a person
Malpractice
The facility is held responsible for the negligent acts or omissions of its employee’s even the facility itself is not negligent
Respondeat Superior
the burden of proof shifts to the defendant, who must prove the negligence did not occur
Res Ipsa Loquitor
“The thing speaks for itself”
Res Ipsa Loquitor
Is the legal time limit allowed to file a claim, and usually measured from the time alleged wrong occurred or is, or should have been discovered
Statute of Limitations
it is one of the best methods of defense in a malpractice suit if the charting is accurate, thorough and timely
Documentation
Are important tools used by nurses, attorneys, risk managers, healthcare administrators and insurance carriers
Incident Reports
This report are a source of assessing problem areas, subjects for in-service teaching, minimizing patient risk, evaluating individual healthcare
Incident Reports
Ethical principles applied to healthcare situations
Ethics of Care
Include compassion, equity, fairness, dignity, confidentiality, and mindfulness of a person’s autonomy within the realm of the person’s
Ethics of Care
Codes of moral reasoning used by members of a profession to direct the moral behavior of their work
Code of Ethics
This Code forms the corner stone of nursing practice
Code of Ethics
Consent that has been granted, not assume, following an educational process that facilitates the weighing of benefits, risk and available options
Informed Consent
Rights to which patients are entitled, usually defined or described by the organization charged with providing care or protecting patients
Patient’s Right
the healthcare record remains the property of the healthcare provider however the information contained in the record belongs to the patient
Patient’s Right
Legal documents that record decisions regarding life-saving or life sustaining care and actions to be taken in a situation where the patient is no longer able to proved informed consent
Advance Directive
A legal document designating an alternative decision maker in the event of the person is incapacitated
Durable Power of attorney
A patient may designate a close friend with _ superseding the designation of immediate family members in decision making
durable power of attorney
conflict of values between the nurse’s values and choice made by the patient’s, their families, other healthcare team members, the organization or hospital
Conflict of Interest
Ethical/Moral Principles
- Advocacy
- Autonomy
- Beneficence/Non-Maleficence
- Confidentiality
- Fidelity
- Justice
- Quality of Life
-Reciprocity - Sanctity of Life
- Veracity