Ethical & Legal considerations Flashcards
What are the 6 ethical principles?
- Autonomy –> a person’s ability to act on their own values/interest. you can choose or decide on whatever you want to do.
- Beneficence –> Doing the most good/positive actions towards others or act of helping others. EX: taking patient outside to take fresh air
- Nonmaleficence –> avoid causing harm to others/ doing no harm! (purposely looking at “will this cause pain or harm to them?”)
- Veracity –> being accurate, truthful in conveying the facts (ex: when you are documenting info., telling ppl the truth)
- Fidelity –> being faithful to keep ur promises
- Justice –> fairly distributing your resources based on their need.
- how you treat supplies/time at work. are you justify using ur time or wasting
- EX: you have 6 patients & if one of them is in a more critical condition, you would only spend 5 minutes on someone who is healthy and spend 20 mins on someone who’s in critical condition.
What’s the difference between Ethical dilemma and Moral distress?
- Ethical dilemma- TWO conflicting but morally justifiable courses of actions! (there are 2 right actions/perspective/thing to do.)
- EX: Continuing life support even though it is not in the best interest of the patient.
- Moral distress - feeling compelled to take an action that person believes is wrong
- EX: not being able to tell a patient that their husband is cheating on them but wanting to tell them.
What are the definition of Ethics, Morals, and Values?
- Ethics –> study of what’s right & wrong in behavior (ideals vs reality)
- Morals –> judgement abt behaviors (based on beliefs)
- Values –> deeply held personal belief about worth for an idea, custom, belief
What is the definitions of Advocacy, Responsibility, Accountability and Confidentiality?
- Advocacy –> speaking up for others based on your skills & knowledge
- Responsibility –> willingness to respect & follow through an obligations or what you’re supposed to do
- Accountability –> answering for own actions (owning up to ur mistakes!)
- Confidentiality –> obligation to respect patient privacy
What is Negligence and Malpractice?
- Negligence = failure to uphold the standard (u didn’t do what ur supposed to do)
- Malpractice = negligence where nurse action/inaction resulted in patient injury
- Nurse had a duty
- Nurse didn’t perform duty
- Patient was injured
- Injury due to nurse action/inaction
When you go to the court because of medication error, what are the things that they consider or ask?
“Would a reasonably prudent nurse take similar actions under similar circumstances?”
But, What guides what a reasonably prudent nurse would do?
1. Nurse practice acts (outlines what nurses can do in the state they practice)
2. Professional Organizations (what does the professional organizations say about it?)
3. Regulatory agencies (What does the Joint Commission say about it?)
4. Institutional policies (the policy of where you work)
What is the 2 types of Consent?
- Consent to Treat - When a patient comes into the hospital, they sign this indicating that they are authorizing individuals to provide care for them.
- Informed Consent - A more specific consent to risky procedures such as CT scans, Chemotherapy, chest tube, MRI imaging.
- The person doing the procedures (a physician) will need to explain what’s going to happen, the benefits, the risks & consequences to the patient if decided not to do it. !!!
- THE nurse WITNESS the patient signing !!!
Who can Consent to the 2 types of informed consent?
- Adults – self (NOT under influence or being forced)
- Parents for children
- Parent with legal custody
- Individual with legal authority
- Minors can provide consent for own children
In which situation would informed consent of an adult client not be needed?
- When an emergency is present and delaying treatment for the purpose of obtaining informed consent would result in injury or death to the client
- The client waives the right to give informed consent
What are the different types of Torts?
- Intentional torts (you intentionally do it):
A. Assault –> threaten someone else
B. Battery –> when you actually put hands on someone, hit them, hurt them - Quasi-Intentional torts (might or might not be on purpose):
A. HIPAA & HITECH –> confidential info. gets out
B. Defamation of character: (saying smth false of someone)
- Slander vs. Libel
(Speech) (library/Written) - Unintentional torts:
A. Negligence –> you didn’t do what you’re supposed to do
B. Malpractice
1. Duty (the nurse had a duty)
2 . Breached (the nurse didn’t do her duty)
3. Injury (patient was injured)
4. Injury due to duty breach (injury was bc the nurse breached their duty)
What are other 8 Legal Issues?
- Informed consent
- Advanced Directives –> Choosing someone to decide/speak for you AND what type of care you want. BUT YOU CANNOT CHOOSE THE DOCTORE/NURSE!
- Good Samaritan Law –> Protects ppl when something went wrong after they help someone in public within their scope of practice
- Whistleblowing –> Protects you if you see something wrong within your organization & decided to speak up about it to the national and/or state agency (EX: a nurse noticed illegal practice happening at their workplace and decides to report it)
- Mandatory Reporting –> You can violate a person’s autonomy & confidentiality if they are abused.
A) any CHILD abuse
B) ELDERLY abuse
C) ADULT abuse - Reporting of maltreatment –> If they are over 18 AND under age of 65, they are able to CHOOSE whether to report it or not UNLESS there’s children present in their homes!!
- Reporting of Incidence of Disease –> If someone has Tubercolosis or Covid, they have to report it to the county.
- Reporting Incidents (Sentinel events) –> not cutting the wrong side of the body or amputate the wrong body part, operating surgery on the wrong patient AND not have patient commit suicide. if it happens, you need to report it
What are the 5 Professional values of nursing?
- Altruism –> selfless concern and actions for the benefit of someone else. EX: nurse rushing to help someone in need, ignoring risk to themselves and putting the needs of the client first
- Human Dignity –> everyone should be respected and treated equally
- Integrity –> being honest and having strong moral principles.
- Autonomy –> clients have the right to make their own decisions
- Social Justice –> everyone has a basic right to health and happiness and to be treated equally.
What tasks can you delegate to LPN and UAP?
LPN:
SFMTSuTRE
- Specimen collection
- Foley Insertion
- Med Admin
- Tube feeding
- Suctioning
- Trach care
- Reinforce education to patient
- Enema
* CATHETERIZATION and DRESSING CHANGE*
* NO IVP PUSH OR BLOOD RELATED*
UAP:
AI&oRTR
- ADL’s
- Intake & Output, Emptying foley bag, Record urine output AND # of Bowel movement
- Routine specimen collection
- Take specimen to lab
- Routine vital signs
NO CATHETERIZATION AND NO DRESSING CHANGE
NO NURSING ASSESSMENT
If you see your CO-WORKER neglecting their duty, who should you report it to?
THE NURSING SUPERVISOR
What are the 2 types of Advanced Directives?
- Living Will –> document where a client can state which treatment(s) they wish to have performed if they become incapacitated and are unable to make decisions for themselves
- Durable power of Attorney –> a client can appoint an individual to make health care DECISIONS on their behalf if they are unable to do so.
