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NUR 101 Assessment #2 > Ethics, Values, and Legal Accountability > Flashcards

Ethics, Values, and Legal Accountability Flashcards

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1
Q

Ethics and Nursing

  • Frequently encountered in the nursing role
  • Central to the nursing profession
  • Inter-professional input is important
  • Nurses are patient advocates
A

Ethics and Nursing cont’d

  • Ethical knowledge is necessary for professional competence
  • Studying ethics helps improved decision-making skills
  • Ethical reasoning is necessary for nursing credibility
  • Ethical proficiency is essential for holistic care
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2
Q

Sources of Moral and Ethical Problems in Nursing

  • Increased consumer awareness
  • Technological advances
  • Multicultural population
  • Cost containment
A

Sources of Moral and Ethical Problems in Nursing cont’d

  • Nurses’ ethical problems
  • Nursing’s unique position in healthcare organizations
  • Nature of the nursing profession
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3
Q

Ethical Frameworks

A
  • Consequentialism (Utilitarianism)
  • Deontology (Categorical Imperative)
  • Feminist Ethics
  • Ethics of Caring
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4
Q

Ethical Concepts and Principles

A
  • Autonomy
  • Nonmaleficence
  • Beneficence
  • Fidelity
  • Veracity
  • Justice
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5
Q

Common Ethical Issues in Healthcare

A
  • Abortion
  • Informed Consent
  • Advanced Directives
  • Organ transplantation
  • Allocation of healthcare goods and services
  • Reproductive technologies
  • Confidentiality and privacy
  • Withdrawing life-sustaining measures
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6
Q

Professional Guidelines for Ethical Decision Making

A
  • ANA Code of Ethics
  • ICN Code of Ethics for Nurses
  • ANA Standards of Care
  • The Patient Care Partnership
  • TJC Accreditation Standards
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7
Q

Professional Guidelines for Ethical Decision Making

A
  • ANA Code of Ethics
  • ICN Code of Ethics for Nurses
  • ANA Standards of Care
  • The Patient Care Partnership
  • TJC Accreditation Standards
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8
Q

How To Work Through Ethical Decisions…

A 
M - Massage the dilemma
O - Outline the options
R - Resolve the dilemma
A - Act by applying the chosen option
L - Look back and evaluate
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9
Q

Nursing and Legal Accountability

A

The basic function of laws is to protect society by establishing acceptable patterns and behaviors

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10
Q

Derivates of Law

A

Constitutional
Statutory
Administrative
Common

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11
Q

Federal Laws Guiding Nursing Practice

A
  • Bill of Rights
  • HIPAA
  • Health Information Technology for Economic and Clinical Health Act (HITECH)
  • Emergency Medical Treatment and Active Labor Act (EMTALA)
  • Patient Self-Determination Act
  • ADA
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12
Q

State Laws Guiding Nursing Practice

A
  • Mandatory reporting laws
  • Good Samaritan laws
  • State Nurse Practice Acts
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13
Q

Other Guidelines for Nursing Practice

A
  • Institutional policies and procedures
  • ANA Code of Ethics
  • ANA Bill of Rights
  • ANA Standards of Practice
  • Patient care partnership
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14
Q

Types of Law

A
  • Criminal
  • Civil
  • Tort
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15
Q

Liability vs Malpractice

A

Proof of Malpractice

  • 4 elements that must be present to prove malpractice:
  • existence of a duty
  • breach of a duty
  • causation
  • damages
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16
Q

Common Nursing Malpractice Claims

A
  • Failure to Assess and Diagnose
  • Failure to Plan
  • Failure to Implement a Plan of Care
  • Failure to Evaluate
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17
Q

Minimizing Your Malpractice Risk

  • Practice proper documentation
  • Observe standards of practice
  • Use the nursing process
  • Avoid medication and treatment errors
  • Report and document accurately (incident reports; charting = FACTUAL)
  • Obtain informed consent
  • Attend to client safety
  • Avoid use of personal cellphones and social media in the workplace
A

Minimizing Your Malpractice Risk cont’d

  • Maintain client confidentiality
  • Provide education and counseling
  • Delegate, assign, and supervise properly
  • Accept appropriate assignments
  • Participate in continuing education
  • Observe professional boundaries
  • Observe mandatory reporting regulations (impaired nurses; unauthorized practice; abuse and communicable diseases)
  • Be aware of legal safeguards for nurses (Safe Harbor Laws; professional liability insurance)
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18
Q

The Tuskegee Syphilis Study of 1932

  • A legal and ethical case against the United States Public Health Department
A
  • Study began in 1932 and was projected to last 6 months
  • Involved 600 Black men (399 positive for syphilis, 201 negative for syphilis)
  • Participants were told they were being treated for “bad blood”
  • Participants were given free medical exams, free meals, and burial insurance
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19
Q

?

Are learned from external influences and communicated through various systems (e.g., religious, political, educational, societal)

A

Morals

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20
Q

?

Is that which is consistent with customs or traditions based on the external influence (such as religious beliefs)

A

Moral behavior

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21
Q

?

Is the study of a system of moral principles and standards, or the process of using them to decide your conduct and actions

A

Ethics

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22
Q

?

Is a belief about the worth of something; serves as a principle or a standard that influences decision making

A

Value(s)

Values are ideals, beliefs, customs, modes of conduct, qualities, or goals that are highly prized or preferred by individuals, groups, or society

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23
Q

When situational constraints prevent nurses from acting on their moral decisions, moral ___ may occur

A

distress

  • Moral distress can occur when nurses are unable to act as moral agents
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24
Q

Providers experience moral ___ when they perceive that others are behaving immorally

A

outrage

  • Is similar to moral distress except that in cases of moral outrage, nurses do not participate in the act
  • They don’t believe that they’re responsible for doing wrong, but that they’re powerless to prevent others from doing so
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25
Q

A ___ is a person who reveals information about practices of others that are perceived as wrong, fraudulent, corrupt, illegal, or a detriment to the health, safety, and welfare of the clients they serve

A

whistleblower

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26
Q

Moral Development Theorists

A
  • Lawrence Kohlberg

* Carol Gilligan

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27
Q

Three-Stage Approach - Gilligan

A
  1. Caring for Oneself
  2. Caring for Others
  3. Caring for Self and Others
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28
Q

Stage ___

Moral reasoning is based on personal interest and avoiding punishment

A

I

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29
Q

Stage ___

Moral principles are based on universal and impartial principles of justice. This is the final level; it occurs in adulthood

A

III

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30
Q

Stage ___

Principles focus on pleasing others and following rules

A

II

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31
Q

In ___ theories, the rightness or wrongness of an action depends on the consequences of the act rather than on the act itself

A

consequentialist

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32
Q

?

The most familiar consequentialist theory; asserts that the value of an action is determined by its usefulness

A

Utilitarianism

33
Q

___ uses rules, principles, and standards to determine whether an action is right or wrong; consequences of the act are not the major considerations

A

Deontology

34
Q

?

This principle, established by Kant, states that one should act only if the action is based on a principle that is universal - or in other words, if you believe that everyone should act in the same way in a similar situation

A

The Categorical Imperative

35
Q

?

Is based on the belief that traditional ethical models provide a mostly masculine perspective and that they devalue the moral experience of women

A

Feminist ethics

36
Q

An ___ nursing philosophy directs attention to the specific situations of individual patients, viewed within the context of their life narrative;

  • What is the story of this person’s life?
  • What is going on right now in his life?
  • And what does that have to do with the morality of the action I’m considering?
A

ethics-of-care

37
Q

?

Refers to a person’s right to choose and ability to act on that choice; based on respect for human dignity

A

Autonomy

38
Q

Autonomy incorporates ___ - the right of competent patients to decide whether to agree to a proposed treatment

A

informed consent

39
Q

Principle of ___ is the twofold duty to (1) do no harm and to (2) prevent harm; encompasses actual harm, risk of harm and intentional and unintentional harm

  • It requires that you think critically and identify the potential risks and benefits in the treatment plan; you should then analyze whether the treatment causes more harm than good
A

nonmaleficence

40
Q

?

Is the duty to do or promote good

A

beneficence

41
Q

?

Is the duty to keep promises

A

Fidelity

42
Q

?

Is the duty to tell the truth

  • Always consider the context
A

Veracity

43
Q

?

Is the duty to tell the truth

  • Always consider the context
A

Veracity

44
Q

?

Is the obligation to be fair; implies equal treatment of all patients

A

Justice

45
Q

?

Is the obligation to be fair; implies equal treatment of all patients

A

Justice

46
Q

ANA Code of Ethics

A

“establishes the ethical standard for the profession” and serves as a “guide for nurses to use in ethical analysis and decision making”

Has 9 provisions with interpretive statements

47
Q

ICN Code of Ethics for Nurses

A

Code of Ethics for Nurses as a “guide for action based on social values and needs” and serves as the standard for nurses worldwide

48
Q

ANA Standards of Care

A

Nursing: Scope and Standards of Practice

i.e. standard 7 focuses on ethical practice

49
Q

The Patient Care Partnership

A

Patients are entitled to specific rights in terms of their treatment

Encourages healthcare providers to be more aware of the need to treat patients in an ethical manner and to protect their rights

50
Q

The Joint Commission Accreditation Standards

A

Contain sections on organizational ethics and individual rights

51
Q

Be a Patient Advocate

A
  • You have special knowledge that the patient does not have
  • Your professional role includes defending clients’ autonomous decisions
  • You have a special relationship with patients
  • Your role as an advocate is to inform, support, and communicate
  • You should inform clients about advance directives
52
Q

?

Is one source of legal liability; means that a professional person has failed to act in a reasonable and prudent manner

A

Malpractice

53
Q

?

Means that person is financially or legally responsible for something

A

Liability

54
Q

A ___ is a system of fundamental laws and principles that prescribes the nature, functions, and limits of a government

A

constitution

55
Q

___ law refers to the laws that govern the activities of administrative systems

A

administrative

56
Q

A ___ is a law passed by Congress or by a state legislative body

NPAs, are examples of this

A

statute; statutory law

57
Q

A compilation of laws made by judges or courts is known as ___ law

A

common (Judicial)

58
Q

?

Intent is to protect people who cannot protect themselves and to protect society against the spread of communicable diseases

Vary from state to state

Protect you when reporting abuse; if you fail to report, you can be charged with a criminal misdemeanor or be subject to disciplinary action

Duty to report takes priority over patient’s right to privacy

A

Mandatory Reporting Laws

59
Q

?

Are designed to protect from liability those who provide emergency care to someone who is in need of medical services

Vary from state to state

A

Good Samaritan Laws

60
Q

?

Are statutory laws passed by each state’s legislative body that define the practice of nursing

A

(State) Nurse Practice Acts

61
Q

Other Guidelines for Practice

A

Institutional policies and procedures

  • Usually are more specific and detailed than standards set by professional organizations
  • Describe care that is reasonable, appropriate, and expected in the context of the facility
62
Q

The ___ ___ describes the standards of professional responsibility for nurses and provides insight into ethical and acceptable behavior

A

ANA Code of Ethics for Nurses

63
Q

The ___ ___ is a policy statement adopted by the ANA to identify the seven conditions that nurses should expect from their workplace that are necessary for sound professional practice

A

ANA Nurses’ Bill of Rights

64
Q

The ANA ___ have 3 components:

  1. Professional standards of care
  2. Professional performance standards
  3. Practice guidelines
A

Standards of Practice

65
Q

The ___ replaced the American Hospital Association’s Patient Bill of Rights

Explains expectations to patients during hospitalization

A

Patient Care Partnership (PCP)

66
Q

___ law deals with wrongs or offenses against society

State or federal government brings charges against a person

A

Criminal

67
Q

___ law involves a dispute between individuals or entities

A

Civil

68
Q

___ law involves a written or oral agreement between 2 parties in which 1 party accepts an offer made by the other party to perform or not perform certain acts in exchange for something of value

i.e. employment contract

A

Contract

69
Q

___ law deals with wrongs done to 1 person by another person that do not involve contracts

A

Tort

70
Q

A ___ is a civil wrong and there are 3 types;

  • quasi-intentional
  • intentional
  • unintentional
A

tort

71
Q

___ involve actions that injure a person’s reputation; overall concept for these is defamation of character

A

Quasi-intentional torts

72
Q

___ is the spoken or verbal form of defamation of character

A

Slander

73
Q

___ is the written or published form of defamation of character

A

Libel

74
Q

An ___ tort is an action taken by one person with the intent to harm another person; person must have merely intended to cause harm or known the action would bring about the harm

A

intentional

75
Q

An ___ occurs when a nurse intentionally places a patient in immediate fear of personal violence or offensive contact

i.e. “I will slap you” and raises hand

A

assault

76
Q

A ___ is committed when (1) an offensive or harmful physical contact is made to the client without his consent or (2) there is unauthorized touching of a person’s body by another person

  • Always obtain informed consent before providing certain treatments
A

battery

77
Q

An ___ occurs when there is the intent to cause a person fear combined with an offensive or harmful contact

A

assault and battery

78
Q

What are my legal responsibilities as a nursing student?

A
  • Prepare carefully for each clinical experience
  • Never attempt a procedure or make a judgment about which you feel unsure; if you lack theoretical/practical knowledge, notify clinical instructor
  • Notify instructor or staff nurse if patient’s condition changes significantly
  • Unless otherwise arranged, take instructions only from clinical instructor
79
Q

What does F-A-C-T-U-A-L stand for?

A

F - factual (and objective)
A - accurate
C - complete
T - timely
U - (always document) unusual occurrences
A - (document) assessment data
L - (the medical record is a) legal document

NUR 101 Assessment #2 (7 decks)

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