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HEALTH ASSESSMENT LEC > Ethico-legal > Flashcards

Ethico-legal Flashcards

1
Q

is a systematic study of right and wrong
conduct in situations that involve issues of values
and morals. It is a formal process for making logical
and consistent moral decisions.

A

Ethics

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2
Q

consider in a broad, general manner what
is good or bad, right or wrong.

A

Moral

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3
Q

It is a formal process for making logical
and consistent moral decisions.

A

Ethics

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4
Q

In general, it is wrong to kill

A

Morals

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5
Q

Is it wrong to kill if your life is endangered
by someone?

A

Ethics

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6
Q

ETHICS USE these specifics to inquire into
THE justification of ah individual’s action in a
PARTICULAR situation

A

Rules
Theories
Principles
Perspectives

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7
Q

They are the primary care provider

A

Physicians

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8
Q

reponsible for obtaining informed consent for
specific medical and surgical treatment

A

Physicians

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9
Q

may obtain informed consent for
procedures that he/she will perform as a dependent
nursing intervention (e.g. NGT insertion, drug
administration)

A

Nurse

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10
Q

2 types of consent

A

orally expressed consent
or implied consent

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11
Q

WHAT INFORMATION MUST THE INFORMED
CONSENT CONTAIN?

A

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)

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12
Q

ELEMENTS OF AN INFORMED CONSENT

A

Completeness (discĺosure)
Comprehension
Voluntariness
Competence

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13
Q

• Patients need a great deal of information to
make educated decision
• They should be told everything they would
consider important in making a treatment
decision

A

Completeness (disclosure)

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14
Q

• The patient (or his surrogate decision
maker) must understand the explanation
• Ask the patient to describe in his own words
the procedure to which he is consenting

A

Comprehension

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15
Q

• The patient must be free to accept or reject
the treatment
• He must not be pressured or coerced to give
consent
• There must be no actual or implied threat

A

Voluntariness

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16
Q

• The person must have the capacity to
understand the information and make a
choice about his situation
• Minors are not competent to make decisions
• If an adult is not legally competent, parents,
a legal guardian, next of kin, or a friend can
make healthcare decision, depending on the
state’s law

A

Competence

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17
Q

THREE GROUPS OF PEOPLE WHO CANNOT
PROVIDE CONSENT

A

Minors
Unconscious or injured
Mentally ill

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18
Q

Usually, parents or guardians must give the
consent
• An adult who has the mental capacity of a
child and who has an appointed guardian
• EXCEPTION: minors who are married,
pregnant, parents, members of the military
or emancipated

A

MINORS

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19
Q

• Consent is usually obtained from the closest
adult relative if existing statutes permit
• In a life-threatening emergency, the law
generally agrees that consent is implied to
provide necessary care for the client’s
emergency condition

A

UNCONSCIOUS/INJURED

20
Q

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

A

MENTALLY ILL

21
Q

Right to give consent of patient is of legal age in order

A

Patient
Spouse
Descendant
ascendants
Collaterals
Nearest of kin
Legally appointed guradian
State or governement

22
Q

Right to give consent if patient is a minor in order

A

Parents
Paternal grandparents
Maternal grandparents
Eldest sibling
Guardian
Teachers amd professors
Heads of children homes
Directors of trade establishments

23
Q

• Collaborate with the primary provider,
usually a physician
• Witness a patient’s signature on a consent
form
• Determine that the elements of a valid
informed consent are in place, communicate
the patient’s needs for more information to
the care provider, and provide feedback if
the patient wishes to change her consent
• Make sure that you have the patient’s
informal, verbal consent for interventions
you perform (e.g. urinary catheterization)

A

NURSE’S ROLE

24
Q

If the patient questions you or objects,

A

do
not proceed until you have the patient’s
permission

25
Q

REPORTING AND DOCUMENTING
REMEMBER:

A

If it isn’t documented, it wasn’t done

26
Q

• Be sure to make a record of all interaction
with clients, as well as the patient’s refusal
or noncompliance with treatment

A

CHARTING

27
Q

Document telephone conversations with
physicians, including

A

time, content of the
conversation, and the action you took.

28
Q

Charting should always be:

A

F- factual
A- accurate
C – complete
T- timely

29
Q

• 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.

A

INCIDENT REPORT

30
Q

PATIENT’S BILL Of RIGHTS
Magna Carta of Patient’s Rights and Obligations

A
  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
31
Q

otherwise known as the Data
Privacy Act, 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

A

DATA PRIVACY ACT - Republic Act 10173

32
Q

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

A

PERSONAL INFORMATION

33
Q
  1. race, ethnic origin, marital status, age, color, and
    religious, philosophical or political affiliations;
  2. health, education, genetic or sexual life of a
    person;
  3. civil, criminal or administrative proceedings
  4. unique identifiers issued by government agencies
    peculiar to an individual;
  5. specifically established by law as classified
A

SENSITIVE PERSONAL INFORMATION

34
Q

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.

A

PROCESSING

35
Q

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.

A

PERSONAL INFORMATION CONTROLLER

36
Q

An individual whose personal information is
processed

A

DATA SUBJECT

37
Q

OBLIGATIONS OF PERSONAL INFORMATION
CONTROLLER

A
  1. Collect information for specified and
    legitimate purposes determined and
    declared before, or as soon as reasonably
    practicable after collection
  2. Collect and process personal information
    adequately and not excessively
  3. Process personal information fairly and
    lawfully, and in accordance with the rights of
    a data subject
  4. Process accurate, relevant, and up-to-date
    personal information
  5. Retain personal information only for as long
    as necessary for the fulfillment of the
    purposes for which the data is obtained
  6. Implement reasonable and appropriate
    organizational, physical, and technical
    measures intended for the protection of
    personal information
38
Q

DATA PRIVACY PRINCIPLES

A

TRANSPARENCY
LEGITIMATE PURPOSE
PROPORTIONALITY

39
Q

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. Any information and
communication relating to the processing of
personal data should be easy to access and
understand, using clear and plain language

A

TRANSPARENCY

40
Q

The processing of information shall be compatible
with a declared and specified purpose, which must
not be contrary to law, morals, or public policy

A

LEGITIMATE PURPOSE

41
Q

The processing of information shall be adequate,
relevant, suitable, necessary, and not excessive in
relation to a declared and specified purpose.
Personal data shall be processed only if the
purpose of the processing could not reasonably be
fulfilled by other means

A

PROPORTIONALITY

42
Q

EXCEPTION IN MINORS IN GIVING CONSENT

A

Married
Pregnant
Parents
Members of the military
Emancipated

43
Q

Discuss the client’s medical conditions with other
health team members but DO NOT include…

A

chatting
about the client’s personal life

44
Q

Maintain patient confidentiality, unless…

A

directed by
law to do otherwise

45
Q

The patient’s family
and significant others do not have an automatic
right to confidential information regarding the patient
especially if their child is…

A

married and/or declared
legally competent to make independent decisions.

HEALTH ASSESSMENT LEC (8 decks)

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