Ethico Legal Considerations Flashcards
Refer to the moral power incumbent upon the dignity of the
patient as a human person which is enjoined by both natural law
and positive law requiring that what is due must be rendered to
he patient as justice demands.
PATIENT’S RIGHTS
arise of the movement for clients’ rights.
1960
the American Hospital Association (AHA)
published “A Patient’s Bill of Rights” to promote
the rights of hospitalized clients. These were
revised in 1992.
1973
The patient has the
right to considerate and
respectful
care
2.The patient has the right to and is encouraged
to obtain from physicians and other direct
caregivers relevant, current, and understandable
________ concerning diagnosis, treatment,
and prognosis.
information
The patient has the right to make
decisions about the plan of care
prior to and during the course of
treatment and to _____ a
recommended treatment or plan of
care to the extent permitted by law and
hospital policy and to be informed of the
medical consequences of this action.
refuse
The patient has the right to have an _____ ___ (such as a living will, health care proxy, or
durable power of attorney for health care) concerning
treatment or designating a surrogate decision maker
with the expectation that the hospital will honor the
intent of that directive to the extent permitted by law
and hospital policy.
advance directive
The patient has the right to every
________ ___ _______
Case discussion, consultation, examination,
and treatment should be conducted so as to
protect each patient’s privacy.
consideration of privacy
The patient has the right to expect that all
communications and records pertaining to his/her
care will be treated as _______ by
the hospital,
confidential
The patient has the right to review the
_______ pertaining to his/her medical care
and to have the information explained or
interpreted as necessary, EXCEPT when
restricted by law.
records
The patient has the right to _______that,
within its capacity and policies, a hospital will
make reasonable response to the request
of a patient for appropriate and medically
indicated care and services. The hospital must
provide evaluation, service, and/or referral as indicated by
the urgency of the case.
expect
The patient has the right to _____________ of the existence of
business relationships among the
hospital, educational institutions,
other health care providers, or
payers that may influence the
patient’s treatment and care.
ask and to
be informed
10.The patient has the r______ _______to participate in proposed
research studies or human
experimentation affecting care and
treatment or requiring direct patient
involvement, and to have those studies
fully explained prior to consent.
right to consent to
or decline
The patient has the right to ______ _________ of care when
appropriate and to be informed by
physicians and other caregivers of
available and realistic patient care options
when hospital care is no longer
appropriate.
expect
reasonable continuity
The patient has the_______________________ ___________ that relate to
patient care, treatment, and responsibilities.
The patient has the right to be informed of
available resources for resolving disputes,
grievances, and conflicts, such as ethics
committees, patient representatives, or
other mechanisms available in the
institution.
right to be informed of
hospital policies and practices
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
- Right to Religious Belief
- Right To Medical Records
- Right to Leave
10.Right to Refuse Participation in Medical Research
11.Right to Correspondence and to Retrieve Visitors
12.Right to Express Grievances
13.Right to be Informed of His Rights and Obligations
as a Patient
MAGNA CARTA OF PATIENT’S RIGHTS BY
SENATOR JUAN M. FLAVIER
Know Rights
2. Provides Accurate and Complete Information
3. Report Unexpected Health Changes
4. Understand the Purpose and Cost of Treatment
5. Accept Consequences of Own Informed Consent
6. Settle Financial Obligations
7. Relation to Others
8. Exhaust Grievances Mechanisms
THE OBLIGATIONS OF PATIENTS
is an agreement
by a client to accept a course of
treatment or a procedure after being
provided complete information,
including the benefits and risks of
treatment, alternatives to the
treatment, and prognosis if not
treated by a health care provider.
Informed consent
TRUE OR FALSE Usually, the client signs a form
provided by the agency. The
form is a record of the
informed consent, not the
informed itself.
TRUE
may be either an oral or written agreement. Usually,
the more invasive a procedure and/or the greater the potential for risk
to the client, the greater the need for written permission.
Express consent
exists when the individual’s nonverbal behavior
indicates agreement.
Implied consent
- The diagnosis or condition that require treatment
- The purposes 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
- Advantages and disadvantages of possible alternatives to the
treatment (including no treatment)
General Guidelines of Informed Consent
There are three major elements of informed consent: what is the first
1.The consent must be given voluntarily.
There are three major elements of informed consent: what is the second
2.The consent must be given by a client or individual with the
capacity and competence to understand.
There are three major elements of informed consent: what is the third?
3.The client or individual must be given enough information to be
the ultimate decision maker.
Exceptions
Three groups of people cannot provide consent.
1.Minors
2.A person who are unconscious or injured in
such a way that they are unable to give
consent.
3.Mentally ill persons who have been
The nurse is not responsible for
explaining the procedure but for witnessing
the client’s signature on the form
Nurse’s Role
The nurse’s signature confirms three
things:
The client give consent voluntarily.
* The signature is authentic.
* The client appears competent to give
consent.
- to protect the fundamental human right
to privacy of communication
Republic Act No. 10173 or the Data
Privacy Act of 2012 (DPA)
refers to all types of
personal information.
“Personal data”
is an operation/s performed
upon personal data. These operations include,
but not limited to the collection, recording,
organizing, storage, updating, or
modification, retrieval, consultation, use,
consolidation, blocking, erasure, or
destruction of data.
“Processing”
Unauthorized processing, negligent handling,
or improper disposal of personal information is
punishable with up to _________________ depending on the
nature and degree of the violation.
six (6) years in
prison or up to five million pesos
(PHP 5,000,000)
means that any
information a subject relates will not
be made public or available to others.
Confidentiality
is the right of patients
to keep personal information
from being disclosed.
PRIVACY
protects
private patient information once
it is disclosed in the health care
settings.
CONFIDENTIALITY
“Whatever I see or hear,
whether professionally or
privately which ought not
to be divulged I will keep
secret and tell no one.”
HIPPOCRATIC OATH
means a health
worker may not disclose information to
others about a client without first gaining
the client’s consent, and such information
may only be used in connection with care
planning or treatment.
Confidentiality
Nurses are obligated to respect clients’ privacy and
confidentiality.
Principle of Autonomy
Computerized information management in
acute care settings makes client data
accessible to more people.
CONFIDENTIALITY
if you need to present a case history about a
client – for example, for your studies/course –
(changing the person’s name
may not be enough to protect their identity)
always change any identifying features and get
permission first
a federal law that required the creation of
national standards to protect sensitive patient
health information from being disclosed without
the patient’s consent or knowledge.
HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996 (HIPAA)
- Electronic transfer of information
among organizations - Standardized numbers for identifying
providers, employers, and health plans - Security rule
- Privacy rule
- Health Insurance Portability & Accountability Act of
1996 (HIPAA) includes four specific areas.
- Inappropriate use leads to loss of jobs, discipline
from board of nursing
SOCIAL MEDIA
Violation of HIPAA
regulation by health care
providers or agencies can
result in
heavy fines for
this breach of trust.
is the small group of values held by an
individual.
Value set
are basic to a way of life, give
direction to life, and form the basis of behavior—
especially behavior that is based on decisions or
choices.
Value systems
Consist of:
a. Beliefs
b. Attitudes
Influence by person’s sociocultural
environment
* learned through observation and experience
* keep in mind – the influence of values in health
Values Transmission
- Perceive and internalize values derive from the
values of the society and their individual
subgroups. - To have a sense of individuality
Personal Values
are acquired
during socialization into nursing from codes of
ethics, nursing experiences, teachers, and
peers.
Nurses’ professional values
is a concern for the welfare and well-
being of others.
Altruism
is the right to self-determination
Autonomy
is respect for the inherent worth
and uniqueness of individuals and populations.
Human dignity
is acting in accordance with an
appropriate code of ethics and accepted
standards of practice.
Integrity
is upholding moral, legal, and
humanistic principles.
Social justice
is a process by which people identify,
examine, and develop their own individual values.
VALUES CLARIFICATION –
“No one is set of values is right for everyone”
PRINCIIPLE –
choosing, prizing and acting
Theory of Values Clarification – Raths Harmin, and Simon (1978)
- Nurses and nursing students need to examine the values they hold about life,
death, health, and illness.
Clarifying the Nurse’s Values
To plan effective care, nurses need to identify clients’ value as they influence and
relate to a particular health problem.
Clarifying Client Values
