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nsg 106 exam 2 > ethical and legal considerations yoost > Flashcards

ethical and legal considerations yoost Flashcards

1
Q

The study of ethics considers the

A

standards of moral conduct in a society

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2
Q

Personal ethics are influenced by

A

values, societal norms, and practices Family, friends, beliefs, education, culture, and socioeconomic

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3
Q

Beneficence can be defined as

A

doing good, considering the best interest of the patient

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4
Q

many nursing interventions are based on beneficence including

A

medicating for pain, providing vaccinations, and implementing fall prevention protocols

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5
Q

nonmaleficence is

A

avoidance of harm

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6
Q

The ethical principle of nonmaleficence is challenged most when health care professionals are involved in

A

end-of-life decisions

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7
Q

euthanasia is

A

the act of painlessly ending the life of another

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8
Q

euthanasia is illegal in the

A

united states

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9
Q

Autonomy is

A

freedom to make decisions supported by knowledge and self-confidence

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10
Q

Justice is

A

the obligation to act fairly and equitably to everyone regardless of income or power

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11
Q

The ethical principle of veracity is defined

A

the obligation to always be truthful

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12
Q

Keeping secrets from patients is in direct conflict with

A

the ethical principles of autonomy and veracity

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13
Q

Accountability is

A

the willingness to accept responsibility for one’s actions

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14
Q

Advocacy is

A

Supporting or promoting the interests of others or of a cause greater than oneself

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15
Q

Confidentiality is

A

ethical concept that limits sharing private patient information

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16
Q

Fidelity is

A

Keeping promises or agreements made with others

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17
Q

When a nurse acknowledges a patient’s request for pain medication, assesses the patient’s pain level and quality, and returns within a few minutes with the analgesic medication, the nurse is demonstrating the ethical concept of

A.Confidentiality
B.Responsibility
C.Fidelity
D.Advocacy

A

C.Fidelity

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18
Q

Responsibility is

A

concept of being dependable and reliable

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19
Q

two main ethical theories are

A

deontology and utilitarianism

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20
Q

deontology and utilitarianism are based on

A

rights, justice, and virtue

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21
Q

Deontology is

A

duty-based

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22
Q

Deontology focuses on

A

duty-based ethics

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23
Q

tenets of deontology

A

Meeting the needs of patients while maintaining their right to privacy, confidentiality, autonomy, and dignity

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24
Q

Kant’s assertion that moral rules were applicable to all people, all of the time and in every situation, is particularly challenging in

A

modern multicultural society

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25
Q

Utilitarianism focuses solely on

A

consequences and maintains that behaviors are determined to be right or wrong based on their outcome

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26
Q

The utilitarian concept of greatest happiness maintains that

A

the right action is one that brings the greatest happiness to the most people

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27
Q

phrase that expresses the essence of pure utilitarianism

A

The end justifies the means

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28
Q

utilitarianism views actions as

A

neither right nor wrong without knowing how they benefit the greater good or society

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29
Q

utilitarianism becomes challenging when

A

the individual rights of patients are inconsistent with the needs of society

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30
Q

Rights-based ethical theory focuses on

A

rights of the individual and does not always take into consideration the effects on society as a whole

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31
Q

Health care research is based on

A

the research participants

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32
Q

Justice-based ethics emphasizes

A

the ethical principle of justice

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33
Q

the ethical principle of justice states

A

that no individual person should have any advantage over another

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34
Q

Justice-based ethics is the underlying tenet of

A

organ transplantation list

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35
Q

example of Justice-based

A

having money or power does not give any one person an advantage over others on the list of organ transplant

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36
Q

Virtue-based ethics focuses on

A

personal traits of individuals rather than societal norms

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37
Q

code of ethics is

A

formalized statement that defines the values, morals, and standards guiding practice in a specific discipline or profession

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38
Q

The Code of Ethics for Nurses is

A

a succinct statement of the ethical values, obligations, duties, and professional ideals of nurses individually and collectively

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39
Q

Nurse educators are required to

A

advise and supervise their students

instill in students the values and professional standards of nursing

identify individual learning needs in the clinical setting and facilitate the educational process

faculty members share responsibility and accountability for the patient care provided by their students

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40
Q

professional nursing is a process of education and formation … that involves

A

the ongoing acquisition and development of the knowledge, skills, dispositions, practice experiences, commitment, relational maturity, and personal integrity essential for professional practice.

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41
Q

Student nurses are held to the same ethical standards as

A

professional nurses

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42
Q

National Student Nurses Association (NSNA) adopted the Code of Academic and Clinical Conduct, in which students agree to

A

promote the highest level of moral and ethical principles” and “promote an environment that respects human rights, values, and choice of cultural and spiritual beliefs

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43
Q

Student nurses and faculty members are expected to

A

demonstrate high ethical standards at all times—in the classroom, the laboratory, and clinical areas and during all electronic and interpersonal communication

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44
Q

If a peer is acting inappropriately, it is every ___________ responsibility to call the behavior to that __________ attention and solicit the help of a faculty member if the _________does not respond to peer intervention

A

student’s, student’s, student

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45
Q

Civility is

A

being polite and respectful

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46
Q

incivility according to the ANA

A

one or more rude, discourteous, or disrespectful actions that may or may not have a negative intent behind them

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47
Q

Students can successfully meet the professional standards expected by the Code of Ethics for Nurses by

A

attending class, laboratories, and clinical experiences regularly; seeking new learning experiences; studying and practicing skills; and actively applying ethical principles to patient care

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48
Q

hem.” Faculty members report student behaviors such as

A

s tardiness, inattentiveness (e.g., texting during class), disrespectful remarks, and more aggressive offenses

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49
Q

Students report being belittled or treated with disrespect by

A

clinical staff, instructors, or classmates

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50
Q

Bioethics is the study of

A

ethical and philosophical issues in biology and medicine

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51
Q

Bioethical dilemmas arise on a

A

consistent basis in health care

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52
Q

Genetic testing can assist in determining the likelihood of

A

Genetic disorders

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53
Q

results of genetic testing may indicate the existence or future development of

A

severely debilitating or fatal disorder or potential for development of a serious disease

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54
Q

CRISPR is

A

clustered regularly interspaced short palindromic repeats technology

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55
Q

Two major roles of a nurse caring for a dying patient are

A

(1) providing accurate information regarding the disease process and treatment options
(2) offering support for the patient and family without interjecting personal opinions.

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56
Q

(DNR) stands for

A

do-not-resuscitate

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57
Q

futile care

A

care that is useless and prolongs the time until death rather than restoring life

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58
Q

increased staffing of registered nurses (RNs) correlates with

A

better patient care outcomes and fewer preventable postoperative patient deaths

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59
Q

Registered Nurse Safe Staffing Act attempts to

A

address the issues of patient safety and responsible, professional nursing practice

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60
Q

Organ transplant lists are based on

A

the ethical principle of justice, resulting in transplants being available based on need rather than financial status.

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61
Q

some choose to obtain further education and experience in the field of bioethics and participate on institutional ethics committees along with

A

physicians, ethicists, attorneys, and academicians

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62
Q

Moral distress is

A

the anguish that health care professionals experience when their basic beliefs of what is right and wrong or ethical principles are challenged

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62
Q

Ethical dilemmas may lead to

A

moral distress for nurses

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63
Q

which act prevent sale of information without patient knowledge and help patient acquire electronic health records

A

(ARRA) American recovery and reinvestment act

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64
Q

who would cover the nurse if the institution didn’t cover nursing during a suit

A

The good samaritan law

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65
Q

The good samaritan law grants

A

immunity from suit if there is no gross negligence

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66
Q

the patient care partnership informs patient that they should expect

A

1 high quality hospital care
2 a clean and safe environment
3 involvement in their care
4 protection of there privacy
5 help when leaving hospital
6 help with there billing claims

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67
Q

whats moral resilience

A

a person’s capacity to sustain, restore, or deepen her or his ‘integrity in response to moral complexity, confusion, distress, or setbacks

68
Q

There are four major sources of law

A

constitutional, statutory, regulatory, and case law

69
Q

Constitutional Law is derived from and what does it do

A

a formal, written constitution that defines the powers of government and the responsibilities of its elected or appointed officials.

70
Q

nurse practice act (NPA) defined

A

the scope of nursing practice in the state

71
Q

regulatory law outlines

A

how the requirements of statutory law will be met

72
Q

Nursing rules and regulations are categorized as

A

Regulatory Law

73
Q

Judicial decisions from individual court cases determine

A

case laws

74
Q

Types of Statutory Law

A

Criminal law
misdemeanor
felony
Civil law

75
Q

Criminal law is

A

the body of state and federal laws written to prevent harm to the country, state, and individual citizens

76
Q

Criminal laws define the nature of

A

specific crimes and the required punishment

77
Q

misdemeanor is

A

crime of lesser consequence that is punishable by a fine or incarceration in a local or county jail for up to 1 year

78
Q

A felony is

A

a more serious crime that results in the perpetrator being imprisoned in a state or federal facility for more than 1 year

79
Q

examples of felonies

A

Practicing nursing without a license, child abuse, and illegal drug dealing

80
Q

Civil law

A

governs unjust acts against individuals rather than federal or state crimes

81
Q

Intentional torts are

A

wrongs committed by individuals who deliberately seek to injure or hurt another person

82
Q

intentional torts include

A

assault, battery, defamation of character, false imprisonment, and invasion of privacy

83
Q

Assault is

A

threat of bodily harm or violence caused by a demonstration of force by the perpetrator

84
Q

Battery is

A

Actual physical harm caused to another person

85
Q

Battery may involve

A

angry forceful touching of people their clothes or anything attached to them

86
Q

example of battery

A

Performing a surgical procedure without informed consent

87
Q

inserting an intravenous (IV) catheter or urinary catheter against the will of a patient, also may be classified as

A

battery

88
Q

Defamation of character

A

public statement is made that is false and injurious to another person

89
Q

Written forms of defamation of character are considered

A

libel

90
Q

Broadcasting or reading statements aloud that have the potential to hurt the reputation of another person is considered

A

libel

91
Q

Oral defamation of character is

A

slander

92
Q

Slander is

A

spoken information that is untrue, causing prejudice against someone or jeopardizing that person’s reputation

93
Q

Unauthorized restraint or detention of a person is considered

A

false imprisonment

94
Q

Invasion of Privacy include

A

Public disclosure of private information, use of a person’s name or likeness without permission, intrusion into a person’s place of solitude, and meddling into another’s personal affairs

95
Q

invasion of privacy is a

A

(HIPAA) violation

96
Q

Unintentional Torts are

A

omissions or acts by individuals that cause unintended harm

97
Q

unintentional torts of negligence and malpractice are charged when individuals, health care providers, or institutions fail to

A

act responsibly, causing injury to others

98
Q

Negligence is

A

Creating a risk of harm to others by failing to do something that a reasonable person would ordinarily do or doing something that a reasonable person would ordinarily not

99
Q

Malpractice is

A

negligence committed by a person functioning in a professional role

100
Q

Malpractice may occur when a professional (such as a nurse) acts

A

unethically, demonstrates deficient skills, or fails to meet standards of care required for safe practice

101
Q

which are four components that must exist to prove professional negligence (malpractice):

A

Duty
Dereliction
Damages
Direct cause

102
Q

Duty

A

It must be proved that the nurse or other health care provider owed a duty of care to the accusing patient.

103
Q

Dereliction

A

There must be evidence that the nurse’s actions did not meet the standard of care required or that care was totally omitted; this is known as a breach of the duty

104
Q

Damages

A

Actual injury to the accusing patient must be evident

105
Q

Direct cause

A

A causal relationship must be established between harm to the accusing patient and the actions or omitted acts of the nurse.

106
Q

Good intentions are not a defense against

A

malpractice

107
Q

Guidelines for Professional Nursing Practice Within Legal Boundaries

A
  • Maintain confidentiality
  • Follow legal and ethical guidelines when sharing information
  • Document promptly and accurately
  • Adhere to established institutional policies governing safety and procedures
  • Comply with legal requirements for handling and disposing of controlled substances
  • Meet licensure and continuing education requirements
  • Practice responsibly within the scope of personal capabilities, professional experience, and education
108
Q

Professional Liability Issues

A

Actions especially helpful in avoiding charges of malpractice include maintaining current professional practice knowledge and competent practice skills and maintaining professional relationships with patients and their families

109
Q

Three professional liability issues of particular concern for nurses are

A

(1) professional practice conduct
(2) adherence to the Principles for Delegation established by the ANA and legally binding within each state’s nurse practice act
(3) accurate and timely documentation.

110
Q

Professional Practice Conduct

A

Building and maintaining trusting relationships with patients and colleagues requires professional communication and competent practice

111
Q

In all patient care situations, it is imperative that nurses recognize

A

their authority and take intentional steps to avoid misconduct

112
Q

Boundary Issues That Violate Ethical and Legal Standards in Nursing

A
  • Stealing a patient’s property
  • Personally gaining at a patient’s expense, including accepting gifts
  • Intervening in a patient’s personal relationships
  • Making seductive or sexually disparaging statements
  • Engaging in sexual conduct with a patient or patient’s family member
113
Q

The National Council of State Boards of Nursing (NCSBN 2018b) recognizes specific nurse behaviors that indicate a potential for professional boundary violations, including the following

A
  • Engaging in excessive self-disclosure of personal information to a patient
  • Keeping secrets with a patient; limiting others from conversation and patient information
  • Spending excessive amounts of time with one patient
  • Acting as if a patient is a family member or close personal friend
  • Failing to protect the patient from inappropriate sexual involvement with the nurse
114
Q

Competent Practice

A

Nurses must remain current in their knowledge of nursing care and evidence-based practice

115
Q

Most state NPAs require nurses to complete a certain number of hours of continuing education in order to renew their

A

nursing licensure

116
Q

A nurse is also ethically bound to maintain practice competence under

A

Provision 3 of the Code of Ethics for Nurses

117
Q

Nurses who engage in professional misconduct are subject to

A

legal and disciplinary action in their state or jurisdiction

118
Q

The ANA (2021) defines bullying as

A

repeated, unwanted, harmful actions intended to humiliate, offend, and cause distress in the recipient

119
Q

Workplace bullying occurs when

A

a nurse or other employee is belittled, constantly criticized, the target of gossip, or faced with unreasonable expectations, aggressive comments, or physical intimidation

120
Q

Individuals may be bullied for reasons associated with their

A

sex, gender, age, socioeconomic status, culture, race, or work-related issues such as scheduling conflicts or professional jealousy

121
Q

nursing practice misconduct may include illegally obtaining patient

A

medication (including narcotics) and engaging in drug abuse

122
Q

Substance use disorder (SUD)

A

encompasses a pattern of behaviors that range from misuse to dependency or addiction, whether it is alcohol, legal drugs, or illegal drugs”

123
Q

Nurses have an ethical and legal responsibility to report ________ suspected of alcohol or drug abuse

A

colleagues

124
Q

Changes and Indications of Drug Diversion in Nurses With Substance Use Disorder

A
  • Increased isolation from friends and colleagues
  • Diminished job performance
  • Increased number of mistakes, including medication administration errors
  • Memory lapses, confusion, decreased level of alertness
  • Absence from the nursing unit for extended periods of time
  • Inaccurate narcotic counts that vary depending on the day and shift
  • Repeated medication administration record corrections
  • Volunteering to medicate the patients of colleagues for pain
125
Q

Adherence to Principles of Delegation is

A

Appropriate delegation by RNs seeks to ensure patient safety and meet nursing standards of care

126
Q

Accurate and Timely Documentation

A

Nurses are required to document patient information in written or electronic format. This documentation becomes the legal record of care provided by the nurse

127
Q

Serious documentation errors include

A

(1) omitting documentation from patient records,
(2) recording assessment findings obtained by another nurse or unlicensed assistive personnel (UAP), and
(3) recording care not yet provided.

128
Q

nurses need to be aware of their responsibilities in regard to

A

informed consent, patients’ rights, organ donation, advance directives, and DNR orders.

129
Q

Patient’s Bill of Rights informs patients about

A

specific privileges of which they should be aware

130
Q

Patient’s Bill of Rights informs patients
about specific privileges which are

A

(1) high-quality hospital care, (2) a clean and safe environment, (3) involvement in their care, (4) protection of their privacy, (5) help when leaving the hospital, and (6) help with their billing claims.

131
Q

Patient Self-Determination Act, which requires health care providers to supply all patients with

A

written information regarding their rights to make medical decisions and implement advance directives

132
Q

Advance directives consist of two types of documents

A

living wills and documents appointing a health care proxy, durable powers of attorney for health

133
Q

Advance care planning is

A

ongoing process that involves personal reflection, information gathering, discussion with loved ones, decision-making, and documentation of individual choices

134
Q

Living Will

A

specifies the treatment a person wants to receive when the patient is unconscious or no longer capable of making decisions independently

135
Q

power of attorney is

A

legal document that allows a designated person to make legal and financial decisions on behalf of an individual unable or not permitted to make legal decisions independently.

136
Q

DNR stands for

A

do not resuscitate

137
Q

POLST stand for

A

Provider Orders for Life-Sustaining Treatment

138
Q

Standards of care are

A

minimum requirements for providing safe nursing care

139
Q

Documentation Required by HIPAA

A

protect patients’ privacy and personal information. It encompasses accessibility, privacy, security, and confidentiality.

The act makes provisions for verbal, written, and electronic information.

Health care providers of all disciplines and at all levels must remain current on the principles of this act through continuing education at their facility or an accredited educational institution

Civil and criminal penalties are set forth in the act for violation of any provision of the act

Provision 3 of the American Nurses Association Code of Ethics specifically addresses the nurse’s responsibility for protecting the patient’s right to privacy and confidentiality

Privacy is the right to control access to, and disclosure or nondisclosure of, information pertaining to oneself and to control the circumstances, timing, and extent to which information is disclosed

Confidentiality pertains to the nondisclosure of personal information that has been communicated within the nurse–patient relationship

The nurse has the duty to maintain confidentiality of all patient information, both personal and clinical in the work setting and off duty in all venues including social media or any other means of communication

140
Q

medically sound basis for declaring a person dead are

A

(1) all spontaneous respiratory and circulatory function stops or
(2) all brain function, including that of the brainstem, ends.

141
Q

Brain death requirements are set by state laws but have three basic components

A

(1) the patient is completely unresponsive to painful stimuli
(2) the patient has no involuntary responses to brainstem stimuli, such as pupillary responses
(3) the patient has no spontaneous respirations when removed from a ventilator

142
Q

MAID stand for

A

Medical aid in dying

143
Q

Natural Death Acts allow competent patients to make

A

health care decisions that may result in their deaths

144
Q

a living will is invoked only when the patient

A

is unconscious or unable to make decisions interdentally

145
Q

the nurse should not document the assessment findings of another nurse because

A

it increases the chance of introducing errors and it is a violation of the law

146
Q

quadriplegia is

A

paralyzed from neck and below

147
Q

The consensus model address the need for all nurses to be

A

licensed, graduate from accredited nursing programs, achieve certification in their chosen specialty, and seek graduate education

148
Q

building consensus is an act of

A

collective agreement on any given issue

149
Q

ethic committees purposes

A

education, case consultation, policy recommendation

150
Q

dominant values in American society on individual autonomy and self-determination is represented by

A

advance directive

151
Q

who is responsible for informing the patient about surgery procedures and their risks

A

their surgeon

152
Q

implied and informed consent are consents that are given by and why

A

patient or guardian in case of surgery or treatment

153
Q

emancipated minor is

A

not under the legal control of parents or legal guardian and can make his own decisions with absence of an adult

153
Q

the Americans with disabilities act provides

A

employment protection

154
Q

if a patient tells the nurse the he uses drugs but asks the nurse to keep it confidential what should the nurse do

A. keep it confidential even if it affect the treatment

B. tell the health care provider if it affects the treatment

A

B. tell the health care provider if it affects the treatment

155
Q

civil laws protects the ______ of individuals in the society and provide fair treatment in case of civil law violations

A

right

156
Q

regulatory laws are

A

administrative laws and hence reflect decision made by administrative bodies when they pass rules

157
Q

characteristics that illustrates an ethical problem

A

conflict of values
it has equally undesirable alterations
the situation is in conflict between personal choice and recommended treatment

158
Q

what is mastectomy

A

Surgical removal of the breast tissue.

159
Q

the professional nursing code of ethics includes

A

advocacy, responsibility, accountability, and confidentiality

160
Q

which patient information if not charted can leat to malpractice lawsites

drug allergy
number of patient siblings
discontinued medications
history of cancer
illegible writing

A

drug allergy
discontinued medications
history of cancer
illegible writing

161
Q

which information would be provided to guardian before consent can be given for a medical treatment

A

a compelet explanation of the prcedure or treatment

name and qualification of people preforming the care

a description of possible adverse effects or side effects of the treatment

162
Q

dpahc can do the following

A

make health care decisions if patient is unable to comprehend information or communicate wishes

he is a person designated to make health care decisions according to the patient wishes

163
Q

informed consent includes

A

must be signned while the patient is free from mind altering medications

may be withdrawn at any time

must be obtained by health care provider and not the nurse

164
Q

organ donation information includes

A

prividing consent in written form

informing your family of your desire/ wishes

signing the organ donation form on the back of your license

165
Q

living wills include

A

desire for organ donation

consent for performing an autopsy

preferences regarding the termination of ventilator treatment

166
Q
A

nsg 106 exam 2 (10 decks)

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