Ethico-Legal Considerations Flashcards
is a systematic study of right and wrong conduct in situations that involve issues of values and morals
Ethics
a formal process for making logical and consistent moral decisions
Ethics
consider in a broad, general manner what is good or bad, right or wrong.
Morals
In general, it is wrong to kill
Morals
Is it wrong to kill if your life is endangered by someone?
Ethics
ETHICS USE specific _____________________________ TO inquire into THE justification of ah individual’s action in a PARTICULAR situation
RULES, THEORIES, principles, and PERSPECTIVES
reponsible for obtaining informed consent for specific medical and surgical treatment
Primary care provider, usually the physician
may obtain informed consent for procedures that he/she will perform as a dependent nursing intervention (e.g. NGT insertion, drug administration); relies on orally expressed consent or implied consent for most nursing interventions
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)
They should be told everything they would consider important in making a treatment decision
Completeness (disclosure)
The patient (or his surrogate decision maker) must understand the explanation
Comprehension
Ask the patient to describe in his own words the procedure to which he is consenting
Comprehension
- 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
Voluntariness
The person must have the capacity to understand the information and make a choice about his situation
Competence
THREE GROUPS OF PEOPLE WHO CANNOT PROVIDE CONSENT
MINORS
UNCONSCIOUS/INJURED
MENTALLY ILL
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)
INCIDENT REPORT
PATIENT’S BILL Of RIGHTS
Magna Carta of Patient’s Rights and Obligations
- Right to Appropriate Medical Care and Humane Treatment
- Right to Informed Consent
- Right to Privacy and Confidentiality
- Right to Information
- Right to Choose Health Care Provider and Facility
- Right to Self-Determination
- Right to Religious Belief
- Right to Medical Records
- Right to Leave
- Right to Refuse Participation in Medical Research
- Right to Corresponence and to Receive Visitors
- Right to Express Grievances
- 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
SENSITIVE PERSONAL INFORMATION
- race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
- health, education, genetic or sexual life of a person;
- civil, criminal or administrative proceedings
- unique identifiers issued by government agencies peculiar to an individual;
- specifically established by law as classified
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