Ethical and Legal Issues Flashcards
ethics
a branch of philosophy that deals with distinguishing right from wrong
bioethics
term applied to ethics when they refer to concepts within the scope of medicine, nursing, and allied health
moral behavior
conduct that results from serious critical thinking about how individuals should treat others
values
personal beliefs about what is important and desirable
values clarification
a process of self-exploration by which people identify and rank their own personal values
right
a valid, legally recognized claim or entitlement, encompassing both freedom from government interference/discriminatory treatment and entitlement to a benefit or service
absolute right
when there’s no restriction whatsoever on the individuals entitlement
legal right
a right that society has agreed upon and formalized into a law
utilitarianism
an ethical theory that promotes action based on the end result that produces the most good (happiness) for the most people
kantianism
suggests that decisions and actions are bound by a sense of duty; focuses on motivation behind the behavior: good? bad? was it to help someone? even though the patient died we acted on good morals
christian ethics
do onto others as you would have them do onto you
natural law theories
do good and avoid evil; human knowledge of the difference between good and evil directs decision-making
ethical egoism
decisions are based on what is best for the individual making the decision; does it benefit the decision maker?
ethical dilemma
situations that require individuals to make a choice between 2 unequally favorable alternatives; there is not clear cut choice
autonomy
emphasizes the status of persons as autonomous moral agents whose rights determine their destinies should be respecting; patient has the right to choose
beneficience
refers to one’s duty to benefit/promote the good to others; acting for good
nonmaleficence
abstaining from negative acts toward another; includes acting carefully to avoid harm (don’t do harm)
justice
principle based on notion of a hypothetical social contract between free equal and rational persons. the concept of justice reflects a duty to treat all individuals equally and fairly
veracity
principle that refers to one’s duty to always be truthful
all patients have the following rights
right to treatment; right to refuse treatment; right to the least restrictive treatment alternative
what does the nurse practice act define
legal parameters of professional and practical nursing
statutory law
government passed
common law
court decided
civil law
protects the private and property rights of individuals and businesses; torts and contracts
criminal law
provides protection from conduct deemed injurious to the public welfare
what are some legal issues in psych nursing
confidentiality and right to privacy; informed consent; restraints and seclusion
involuntary commitment (hospitalization)
emergency; mentally ill; outpatient commitment; gravely disabled client
negligence
failure to exercise the care toward others that a reasonable/prudent person would do in the circumstances
malpractice
act or continuing conduct of a professional that doesn’t meet the standard of competence and results in provable damage to the patient
types of lawsuits that can occur
breach of confidentiality; defamation of character; invasion of privacy; assault; batter; false imprisonment
libel (defamation of character)
WRITTEN false claims about other people
slander (defamation of character)
VERBAL false claims about other people
how to avoid liability
effective communication; accurate and complete documentation in the medical record; complying with standards of care; knowing the client; practicing within the nurse’s level of competence and scope of practice
