ETHICAL, LEGAL, & ECONOMIC FOUNDATIONS OF THE EDUCATIONAL PROCESS Flashcards
– Greek word, “ duty”
Deon
“science or study
Loges-
ethical belief system that stresses the importance
of doing one’s duty and following rules.
Deontology-
Respect for individual rights is key , and one
person should never be treated merely for the benefit or
well-being of another person or group.
Accdg. To Kant:
proposed teleological notion or utilitarian approach to
ethical decision making that allows for the sacrifice of one
or more individuals so that group of people can benefit in
some important way.
Mill
guiding principles of behavior.
Ethics-
–norms or standards of behavior accepted
by the society to which a person belongs.
Ethical
an internal belief system (what one
believes to be right)
Moral Values-
are a “specific type of moral
conflict in which two or more ethical principles apply
but support mutually in consistent courses of action.
Ethical dilemmas-
rules governing behavior
or conduct that are
enforceable by law under
threat of penalty or penalty, such fine,
imprisonment,
or both.
Legal Rights and Duties
claims against nurses have risen significantly
in the first
decade of the 21st century and now constitute
about 2 in every 100
malpractice payments.
Malpractice Claims-
a basic tenet of the ethical practice of health
care was
established in the courts of as early as 1914 by Justice Benjamin Cardozo.
Informed consent-
As early as 1950, the
American Nurses Asso.
developed and adopted an
ethical code for professional
practice, titled the code of
ethics for nurses with
interpretative statements
ETHICAL AND LEGAL
PRINCIPLES
Autonomy
Veracity
Confidentiality
Nonmaleficence
Negligence
Malpractice
Duty
Beneficence
Justice
especting the client’s right
to self-determination.
Autonomy-r
truth telling: the honesty by
a professional in providing full disclosure
to a client of / risk & benefits of any
invasive medical procedure.
Veracity-
binding social contract
or covenant to protect another’s privacy; a
professional obligation to respect
privileged information between health
professional and client.
Confidentiality-a
the principle of doing
no harm.
Nonmaleficence-
the doing or nondoing
of an act. Pursuant to a duty, that a
reasonable person ion the same
circumstances would or would not do
with these actions or nonactions
leading to injury of another person
a. Negligence-
refers to a limited
class of negligent activities that fall
within the scope of performance by
those pursuing a particular
profession involving highly skilled and
technical services.
Malpractice-
a standard of behavior; a
behavior expectation relevant to
one’s personal or professional status
in life.
Duty-
-equal distribution of goods,
services, benefits, and burdens
regardless of client diagnosis,
culture, national origin, religious
orientation, sexual preference and
the like.
Justice
making sure
fidelity
the principle of doing GOOD;
doing what is in the best interest of the
client through adherence to professional
performance standards and procedural
protocols.
Beneficence
FOUR ELEMENTS MAKING UP THE NOTION OF INFORMED
CONSENT THAT ARE SUCH VITAL ASPECTS OF PATIENT
EDUCATION
CISAR AND BELL (1995) ADDRESS THIS CONCEPT OF
BATTERY RELATED TO MEDICAL TREATMENT
which refers to the capacity of the patient to
make a reasonable decision.
Competence
which requires that sufficient
information regarding risks and alternative treatments – including
no treatment at all- be provided to the patient to enable him or
her to make a rational decision.
Disclosure of information,
speaks to the individual’s
ability to understand or grasp intellectually the
information being provided.
- Comprehension
which indicates that the patient
can make decision without coercion or force from
other’s which
Voluntariness-
FOR NEGLIGENCE TO EXIST, THERE MUST BE A DUTY
BETWEEN THE _______ _________ AND THE PERSON
WHOSE ACTIONS (OR NON ACTIONS)
INJURED PARTY
MOST COMMON CAUSES FOR MALPRACTICE
FAILURE TO FOLLOW STANDARD OF CARE
FAILURE TO USE EQUIPMENT IN A RESPONSIBLE
MANNER
FAILURE TO COMMUNICATE
FAILURE TO DOCUMENT
FAILURE TO ASSESS AND MONITOR
FAILURE TO ACT AS PATIENT ADVOCATE
FAILURE TO DELEGATE TASKS PROPERLY.
TO EACH, AN EQUAL SHARE
TO EACH, ACCORDING TO NEED
TO EACH, ACCORDING TO EFFORT
TO EACH, ACCORDING TO CONTRIBUTION
TO EACH, ACCORDING TO MERIT
TO EACH, ACCORDING TO ABILITY TO PAY
FAILURE TO PROVIDE NURSING CARE INCLUDING
EDUCATIONAL SERVICES CAN RESULT IN
LIABILITY FOR
BREACH OF CONTRACT.
HAVE THEIR OWN PERSPECTIVE,
VISIONS, VALUES AND PREFERENCES THAT ARE UNKNOWN TO
EACH OTHER.
THESE TWO WORLD VIEWS COME TOGETHER IN THE CLASSROOM
THEY MUST BE NEGOTIATED AND UNDERSTOOD BY EACH PARTY
FOR THE PROCESS OF EDUCATION TO PROCEED WITH TRUST AND
RESPECT.
THE STUDENT – TEACHER RELATIONSHIP
POSSESSES DISCIPLINE-SPECIFIC EXPERTISE, WHICH IS KEY TO
THE STUDENTS ACADEMIC SUCCESS, CAREER ACHIEVEMENT, AND
COMPETENT CARE OF PATIENTS.
THE TEACHER
MUST BE ABLE TO TRUST THEIR TEACHER-EVEN
INSTANTANEOUSLY – AND BELIEVE THAT THE INSTRUCTION PROVIDE
BY THEM WILL BE ACCURATE, APPROPRIATE, AND UP TO DATE.
THE STUDENT
HAVE THE RIGHT TO ASSUME THEIR INSTRUCTORS ARE
COMPETENT AND WILL EMPLOY THAT COMPETENCE IN BEST
INTERESTS OF THE STUDENTS AND THE NURSING PROFESSION.
STUDENTS
ANOTHER AREA OF ETHICAL IMPORT INHERENT IN
STUDENT-TEACHER RELATIONSHIPS IS
THE POTENTIAL
BLURRING OF PROFESSIONAL – PERSONAL BOUNDARIES.
STUDENTS ARE
AUTONOMOUS AGENTS.
IF THEY CHOOSE TO FOLLOW THE PRESCRIBED COURSE OF STUDY AND
ARE SUCCESSFUL, THEY WILL DEVELOP PROFESSIONAL AUTONOMY,
ATTAIN THEIR PROFESSIONAL GOALS, ACHIEVE PROFESSIONAL
COMPETENCE, AND BE EQUIPPED TO DEVELOP RELATIONSHIPS WITH
COLLEAGUES AND PATIENTS
RECOGNIZE THE BALANCE OF POWER THAT EXISTS
BETWEEN
THE NURSE-EVEN A NURSING-STUDENT AND A
PATIENT.
STUDENT-TEACHER RELATIONSHIP
- PATIENT – PROVIDER RELATIONSHIP
THE NURSE POSSESSES _______ _________: KEYS TO THE
PATIENT’S HEALTH, WELL-BEING, AND ABILITY TO WORK,
PLAY, GO TO SCHOOL, OR ENGAGE IN SOCIAL RELATIONSHIPS
MEDICAL EXPERTISE
FOR THESE REASONS, THE ETHICS OF BEING A PATIENT
INCLUDES
RESPECTING NURSES AND TRUSTING THEM TO
HAVE THE PATIENT’S BEST INTERESTS AT HEART.
IS NOT ONLY ESSENTIAL FOR THE PHYSICAL
AND PSYCHOLOGICAL WELL-BEING OF PATIENTS BUT
CARING ALSO REQUIRES GETTING INVOLVED IN A
NETWORK OF RELATIONSHIPS TO MEET PATIENT’S
NEEDS.
CARING
_____ ARE OBLIGATED TO REMAIN MINDFUL OF THE
POWER IMBALANCE BETWEEN THEMSELVES AND THEIR
PATIENTS, TO PUT THE PATIENT’S WELFARE BEFORE THEIR
OWN CONCERNS AND TO REFLECT HONESTLY ON THE
CONSEQUENCES OF BLURRED BOUNDARIES TO THE
PATIENT AND TO THEIR RELATIONSHIP WITH THE
PATIENT IN THE PRACTICE SETTING.
NURSES
The identification of an ethical problem
The collection of information to identify the
problem and develop solutions
The development of alternatives for analysis and
comparison
The selection of the best alternatives and
justification.
- THE DEVELOPMENT OF DIVERSE PRACTICAL WAYS TO
IMPLEMENT ETHICAL DECISIONS AND ACTIONS. - THE EVALUATION OF EFFECTS AND DEVELOPMENT OF
STRATEGIES TO PREVENT A SIMILAR OCCURRENCE.
Six steps designed to better guide ethical decision
making. Park (2012)
PARK (2012) ACKNOWLEDGES THAT THE USE OF THIS
MODEL_________________ ETHICALLY RIGHT OR GOOD
DECISIONS, BUT DOES SUPPORT AN IMPROVED PROCESS
MAKING ETHICAL DECISIONS.
PARK (2012) ACKNOWLEDGES THAT THE USE OF THIS
MODEL DOES NOT GUARANTEE ETHICALLY RIGHT OR GOOD
DECISIONS, BUT DOES SUPPORT AN IMPROVED PROCESS
MAKING ETHICAL DECISIONS.
FOR AT LEAST THE PAST YEARS, THE JOINT COMMISSION (TJC)
HAS REINFORCED THE FEDERAL MANDATE BY REQUIRING
DOCUMENTATION OF PATIENT AND/OR FAMILY EDUCATION IN
THE PATIENT RECORD.
THE LANDMARK CASE SUPPORTING THE DOCTRINE OF
RESPONDEAT SUPERIOR IN THE HEALTH CARE FIELD WAS
1965
CASE OF DARLING V. CHARLESTON MEMORIAL HOSPITAL.
LACK OF DOCUMENTATION CONTINUES TO ____ _____
IN ADHERING TO THE MANDATES OF THE NURSE PRACTICE ACTS.
REFLECT NEGLIGENCE
IS VEHICLE OF COMMUNICATION THAT PROVIDES
CRITICAL INFORMATION TO OTHER HEALTH PROFESSIONALS
INVOLVED WITH THE PATIENT’S CARE.
DOCUMENTATION
