Ethico Flashcards
refers to the exchange of two or more
things of value in a legally binding
contract.
Legal considerations
who are not of legal age for giving consent for medical procedures.
unseen client (fetus)
process of communication between
the patient and the health care provider that often leads to
agreement or permission for care, treatment, or services.
informed consent
This is part of the right of every individual to choose what
will be done to their own body, and it applies even when
refusing treatment means that the person may die.
right or refusal
Term that denotes conduct lacking in due care,
carelessness, and a deviation from the standard of care
that a reasonable person would use in a particular set of
circumstances
negligence
Examples of Legal Negligence of
Maternal and Child Nurse
Communication Negligence
Failure to ensure adequate care from doctor
Medication errors
Negligent assessment
Negligent intervention
Failure to use equipment in a responsible manner
Failure to document
Failure to act as a patient advocate
A more specific term that looks at a standard of care, as well as
the professional status of the caregiver.
Malpractice
Example of malpractice
Failing to properly monitor
Failure to respond to a patient
Errors in medication
Documentation mistakes (Inaccurately recording conditions,
using incorrect verbiage or abbreviations, failing to update
changes in progress)
Failure to follow a physician’s orders
Incorrectly performing a procedure or trying to perform a
procedure without training
Failure to get informed consent
law protects all citizens from people who
pose a threat to society.
Criminal law
falsifying medical records,
insurance fraud,
practicing without the required
license,
misuse of drugs,
stealing of drugs,
abuse,
murder.
Criminal law examples
criminal law offences may result in punishment like:
Community service
Fines paid to the government
Loss of license
Probation
Imprisonment
Execution
focuses on disputes between people
designed to monetarily compensate individuals for harm caused to
them.
Nurses can becomes involved such as malpractice, personal injury
lawsuits, and wrongful discharge.
civil law
two types of civil law
Torts
Contract
a person is harmed because of another
person’s actions or failure to act
torts
voluntary agreement.
If a ___ is not performed according to
the agreement or if a patient does not pay
for the services, the ____ is breached
Contract
This concern is long-lasting, because children who
feel they were wronged by health care personnel can
bring a lawsuit at the time they reach legal age.
• This means that a nursing note written today may
need to be defended as many as 21 years into the
future.
documentation
Adolescents who support themselves or who are pregnant are termed
blank and have the right to sign for
their own health care.
“emancipated minors” or “mature minors”
birth of a disabled child when the parents would have
chosen to end the pregnancy if they had been informed about the disability
during pregnancy.
wrongful birth
claim that negligent prenatal testing on the part of a health
care provider resulted in the birth of an unperfect child.
wrongful life
denotes a contraceptive measure that failed,
allowing an unwanted child to be conceived and born
wrongful conception
a major legal consideration for nurses and
nursing students including Maternal and Child Nurses.
is the right of an individual to have personal,
identifiable medical information, referred to as protected health
information (PHI), kept private.
patient confidentiality
sets national standards for protecting the
confidentiality, integrity, and availability of electronically protected
health information.
security rule
can cause
fetal injury and thus has legal and ethical implications.
In some instances, courts have issued jail sentences to pregnant women who caused harm to their fetuses.
Many state laws require reporting evidence of prenatal drug exposure, which may lead to charges of negligence
and child endangerment against the pregnant woman.
This punitive approach to fetal injury raises ethical and legal questions about the degree of governmental control that is appropriate in the interests of child safety
SUBSTANCE ABUSE
Anti-Violence Against
Women and their Children Act
Republic Act 9262
Code of Conduct
and Ethical Standards for Public
Republic Act No. 6713
Anti-Sexual
Harassment Act of 1995
Republic Act 7877
an important tenet that advocates a
partnership rather than dominance
model in human interaction.
affirmation of gender equity
assert that a person’s value to
society must be determined by their
ability to contribute regardless of gender.
It directly opposes the patriarchal view of
women as child bearers.
Feminist
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect
the life of the mother and the life of the unborn from conception.
Constitution of the Republic of
the Philippines (1987), Article 2,
Section 12
Under this law, female employees, regardless of their civil status,
are entitled to 105 days of paid maternity leave, granting them
ample time to recover and bond with their newborn child.
Republic Act 11210
branch of philosophy which determine right and wrong
ethos
personal interpretation of what is good and bad.
Moral
ethical principle
Autonomy
Non-maleficence
Beneficence
Justice
Veracity
Fidelity
The right/freedom to decide (the
patient has the right to refuse despite
the explanation of the nurse) Example:
surgery, or any procedure.
autonomy
Acting in the best interest of the
patient by Promoting their well-being
and taking positive steps to prevent
harm.
beneficence
Do no harm.
The duty not to harm/cause harm or
inflict harm to others (harm maybe
physical, financial or social).
maleficence
Fairness in the distribution of healthcare
resources, treatments, and services. It
also involves treating patients equitably,
without discrimination.
justice
The obligation to tell the Truth.
Healthcare providers must provide
truthful information to patients and
avoid deceiving them.
Veracity
The duty to do what one has promised.
Being faithful to the Trust that patients
place in healthcare providers, being
honest and trustworthy.
Fidelity
The duty to do what one has promised.
Being faithful to the Trust that patients
place in healthcare providers, being
honest and trustworthy.
Fidelity
“Do unto others as you would have them do
unto you.
“ Treating others with the same
kindness, respect, and dignity that you would
wish to receive. It promotes empathy and
ethical behavior in nursing.
Golden Rule
“The whole is greater than its parts.”
A person should be treated as a whole, not
just as a collection of separate body parts or isolated issues. In healthcare, it stresses
holistic care, where physical, emotional, and social aspects of a patient are all considered
The Principle of Totality
“There is always an exemption to the rule.”
Allows exceptions to general rules or laws in cases where strict application of the rule
would be unjust or impractical. It reflects
the need for flexibility in moral decision-
making.
Epikia
“Instrument to the crime.
“ A person uses an
agent (e.g., a nurse, assistant, or surrogate) to carry out an action, the person remains
responsible for the outcome of that action. It underscores accountability in delegation.
One who acts through an agent is
herself responsible
“You cannot betray yourself.
“ It emphasizes
the importance of self-integrity and personal values. A person should not be forced or coerced into actions that go against their own moral beliefs or ethical standards.
No One is Obliged to Betray Herself
It asserts that an action’s morality should not be judged solely by its outcome. Unethical or harmful means cannot be justified by a desirable end.
The End Does Not Justify the Means
Anything that is a natural problem or defect
can be corrected. Conditions that hinder a
person’s well-being can be addressed or
treated through medical intervention or
other means, without compromising the
individual’s dignity.
Defects of Nature May Be Corrected
“Cooperation implies responsibility.”
If an individual willingly participates in an
action, they are complicit in its consequences,
even if the outcome is unfavorable or
unethical. Responsibility is shared by all
involved parties.
If One is Willing to Cooperate in the
Act, No Justice Is Done to Him
Slight variations in the degree of an action do not alter its fundamental ethical or moral nature. The essence of the action remains unchanged regardless of minor adjustments.
A Little More or a Little Less Does Not
Change the Substance of an Act
It is unreasonable to expect someone to do
something that is beyond their ability or
capacity. It underscores the importance of
setting realistic expectations for individuals.
No one is held to impossible
Rule of conduct commanding what is right and what is wrong.
Derived from an Anglo-Saxon term that means “that which is laid down
or fixed”
Law
Body/agency in government wherein the administration of
justice is delegated.
Court
Complainant or person who files the case (accuser)
Plantiff
Accused/respondent or person who is the subject of complaint
Defendant
Individual held upon to testify in reference to a case
either for the accused or against the accused.
Witness
legal notes from the court
Writ
— a writ/notice to an individual/ordering him to appear in court at
a specific time and date as witness.
Subpoena Testificandum
notice given to a witness to appear in court to testify including all important documents
Subpoena Duces Tecum
notice to a defendant/accused ordering him to appear in court to answer the complaint against him
Summon
court order to arrest or detain a person
warrant of arrest
court order to search for properties.
search warrant
is the joining of a woman’s egg and a man sperm in a laboratory. blank means outside the body.
In Vitro Fertilization
the final procedure of the in vitro fertilization
process that involve transfer of one or more
embryos into the uterine cavity.
embryo transfer
a woman who gets artificially inseminated with father’s sperm.
surrogate motherhood
also termed as miscarriage, it is the deliberate termination of pregnancy
before the age of viability. Here in the Philippines is illegal, it is
ethically and morally wrong, except in case of threatened and inevitable
abortion, in which the mother did not intentionally abort or removed the
fetus.
Abortion
choosing between the life of mother or the life of fetus is a difficult decision
to make they are both important and we don’t want to lose either of them.
Fetal rights versus rights of the mother
is the area of research that studies the properties of stem cells and their
potential use in medicine, stem cell is the source of all body tissue
stem cell research
Medically we will wait until the heart stops, but it’s up to the patient or
family to decide whether resuscitation should be attempted at all.
Resuscitation
ethical considerations of practice
Reproductive endocrinology issues, especially those related to who has
access to these technologies
Pregnancy termination
Intimate partner violence during pregnancy
Perinatal genetic testing
Neonatal resuscitation (and length of its continuation)
Number of procedures or degree of pain a child should be asked to endure to
achieve a degree of better health
Balance between modern technology and quality of life
Difficulty maintaining confidentiality of records when there are multiple
caregivers.
moral principles
GOLDEN RULE
The principle of Totality— the whole is greater than its parts
Epikia— there is always an exemption to the rule
— (instrument to the crime)
One who acts through as agent is herself responsible
No one is obliged to betray herself— You cannot betray yourself
The end does not justify the means
Defects of nature maybe corrected
If one is willing to cooperate in the act, no justice is done to him
A little more or a little less does not change the substance of an act.
No one is held to impossible
