Ethico Legal Flashcards
is a systematic study of right and wrong conduct in situations that involve issues of values and morals
Ethics
consider in a broad, general manner what is good or bad, right or wrong.
Morals
Questions regarding Morals, and Ethics.
Morals: In general, it is wrong to kill
Ethics: Is it wrong to kill if your life is endangered
by someone?
ETHICS USE specific:
RULES, THEORIES,
principles, and PERSPECTIVES
usually the physician
- responsible for obtaining informed consent for
specific medical and surgical treatment
Primary Care Provider
may obtain informed consent for procedures that he/she will perform as a dependent
nursing intervention
Nurse
WHAT INFORMATION MUST THE INFORMED
CONSENT CONTAIN?
The diagnosis or condition that requires treatment
* The purpose of the treatment
* What the client can expect to feel or experience
* The intended benefits of the treatment
* Possible risks or negative outcomes of the treatment
* Advantage and disadvantages of possible
alternatives to the treatment (including no
treatment)
ELEMENTS OF AN INFORMED CONSENT
Completeness (Disclosure)
Comprehension
Voluntariness
Competence
- Patients need a great deal of information to
make educated decision
Completeness (disclosure)
The patient (or his surrogate decision maker) must understand the explanation
Comprehension
Voluntariness
The patient must be free to accept or reject the treatment
- The person must have the capacity to understand the information and make a choice about his situation
Competence
____ are not competent to make decisions
Minors
THREE GROUPS OF PEOPLE WHO CANNOT
PROVIDE CONSENT
Minors
Unconscious/Injured
Mentally Ill
Consent is usually obtained from the closest
adult relative if existing statutes permit
Unconcious/Injured
In a life-threatening emergency, the law
generally agrees that ___ is implied to provide necessary care for the client’s
emergency condition
consent
State mental acts or similar statutes generally provide definitions of mental illness and specify the rights of those who have mental illnesses under the law as well as the rights of the staff caring for such clients.
Mentally Ill
Patient who can give consent in order by Legal Age
Patient
Spouse
Descendants
Ascendants (parents, grandparents)
Collaterals
Nearest of Kin
Legally appointed Guardian
State or Government
Patient who can give consent in order if Patient is a Minor
Parents
father if legitimate
mother if illegitimate
Paternal grandparents
Maternal grandparents
Eldest Sibling (legal Age)
Guardians
Teachers and Professors
Head of Children’s homes, orphanages
Director of trade establishments
Collaborate with the primary provider,
usually a physician
* Witness a patient’s signature on a consent
form
NURSE’S ROLE
In usual treatments like taking the vital signs
or administering medications, it is already
implied that the patient consents to these
procedures but you should always tell the
patient:
- what you are preparing to do;
- the rational for it and;
- what she will feel
- Be sure to make a record of all interaction
with clients, as well as the patient’s refusal
or noncompliance with treatment
CHARTING
Document telephone conversations with
physicians, including:
time, content of the
conversation, and the action you took.
Charting should always be:
F- factual
A- accurate
C – complete
T- timely
- Done if a standard care is breached or an
unusual incident occurs (e.g. a visitor or
patient falls or is somehow injured) - Be sure to identify the patient, date, time,
and location clearly
INCIDENT REPORT
PATIENT’S BILL Of RIGHTS
Magna Carta of Patient’s Rights and Obligations
1. Right to Appropriate Medical Care and
Humane Treatment
2. Right to Informed Consent
3. Right to Privacy and Confidentiality
4. Right to Information
5. Right to Choose Health Care Provider and
Facility
6. Right to Self-Determination
7. Right to Religious Belief
8. Right to Medical Records
9. Right to Leave
10. Right to Refuse Participation in Medical
Research
11. Right to Corresponence and to Receive
Visitors
12. Right to Express Grievances
13. Right to be Informed of His Rights and
Obligations as a Patient
is a law that seeks to protect all forms
of information, be it private, personal, or sensitive. It
meant to cover both natural and juridical persons
involved in the processing of personal information
DATA PRIVACY ACT - Republic Act 10173
Any information whether recorded in a material form
or not, from which the identity of an individual is
apparent or can reasonably and directly ascertained
by the entity holding the information, or when put
together with other information would directly and
certainly identify an individual
PERSONAL INFORMATION
race, ethnic origin, marital status, age, color, and
religious, philosophical or political affiliations;
health, education, genetic or sexual life of a
person;
SENSITIVE PERSONAL INFORMATION
Any operation or any set of operations performed
upon personal information including, but not limited
to, the collection, recording, organization, storage,
updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of
data
PROCESSING
a person or organization who controls the collection,
holding, processing or use of personal information,
including a person or organization who instructs
another person or organization to collect, hold,
process, use, transfer or disclose personal
information on his or her behalf
PERSONAL INFORMATION CONTROLLER
An individual whose personal information is
processed
Data Subject
DATA PRIVACY PRINCIPLES
Transparency
Legitimate Purpose
Proportionality
A data subject must be aware of the nature,
purpose, and extent of the processing of his or her
personal data, including the risks and safeguards
involved, the identity of personal information
controller, his or her rights as a data subject, and
how these can be exercised.
Transaprency
The processing of information shall be compatible
with a declared and specified purpose, which must
not be contrary to law, morals, or public policy
Legitimate Purpose
The processing of information shall be adequate,
relevant, suitable, necessary, and not excessive in
relation to a declared and specified purpose.
Proportionality
