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Professional Development > Exam 2 > Flashcards

Exam 2 Flashcards

1
Q

What does ethics usually get confused with

A

Social norms, religious beliefs, or the legal system

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2
Q

Ethics itself is a standalone set of ____ and ___

A

Concepts and principles

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3
Q

Ethics help to make decisions about what

A

About what type of behaviors will help or harm other members of society

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4
Q

What is epistemology

A

In ethics the questions is how do we know what is right and wrong

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5
Q

Ethics seek to answer ___

A

What is truth

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6
Q

What are normative ethics

A

The use of concepts and principles discovered by metaethics to guide decision making about specific actions in determining what is right/wrong when interacting with people

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7
Q

What are applied ethics

A

Application to the real world

Used to resolve ethical dilemmas

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8
Q

What are descriptive ethics

A

Developing ethical principles based on what society is already doing rather than starting with ethical principles and applying them to society

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9
Q

What are values

A

Ideals or concepts that give meaning to an individual’s life

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10
Q

Where are values derived from

A

Derived from societal norms, religion and family orientation.
They serve as the framework for making decisions and taking action in daily life

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11
Q

What are morals

A

Fundamental standards of right and wrong that an individual learns
Often based on religious beliefs, with a role from societal influences

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12
Q

What are laws

A

Rules of social conduct made by humans to protect society

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13
Q

What are laws based on

A

They are based on concerns about fairness and justice

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14
Q

What are 2 important aspects when it comes to laws

A

That they are enforceable through some type of police force and that they should be applied equally to all persons

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15
Q

What are ethics

A

System of beliefs and behaviors that goes beyond the law

More focused on the quality of the society and long-term survival

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16
Q

What is an ethical dilemma

A

Situation that requires an individual to make a choice between two equally unfavorable alternative that usually involves conflict of an individual or groups rights with that of another individual or group, or of an individual’s obligations with the rights of another individual

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17
Q

What is autonomy

A

The right of self-determination, independence, and freedom. Refers to the clients right to make healthcare decisions for himself-herself even if the HCP or family doesn’t agree with these decisions

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18
Q

What is important for the nurse to know when it comes to autonomy

A

To know both state laws and the pts. rights/wishes to maintain autonomy

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19
Q

What is justice

A

Obligation to be fair to all people

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20
Q

What is distributive justice

A

Right to be treated equally regardless of race, gender, marital status, medical diagnosis, social standing, economic level, or religious belief, includes ideas of equal access to health care for all (limits can be placed when it interferes with the rights of others)

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21
Q

What is fidelity

A

The obligation of an individual to be faithful to commitments made to self and others.

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22
Q

What is the main support for the concept of accountability

A

Fidelity

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23
Q

What is beneficence

A

The primary goal of health care is doing good for others

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24
Q

What is nonmaleficence

A

Requirement that HCP do no harm, intentionally or unintentionally.

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25
Q

Nonmaleficence is the opposite side of the concept of what

A

Beneficence

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26
Q

Nonmaleficence requires what

A

That HCPs protect from harm those who can’t protect themselves such as children, MR, unconscious or those who are too weak or debilitated to protect themselves

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27
Q

What is veracity

A

Principles of truthfulness (right to know)

Requires the provider to tell the truth and not to intentionally deceive or mislead clients

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28
Q

What are primary limitations when it comes to veracity

A

They occur when telling client the truth would seriously harm the client’s ability to recover or would produce greater illness

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29
Q

What is standard of best interest

A

Decision made about a client’s health care when the client is unable to make the informed decision for themlves

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30
Q

Standard of best interest requires what

A

Requires a good faith decision be made, based on what HCP and the family decides is best for that individual

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31
Q

What are obligations

A

Demands made on an individual, a profession, a society or a government to fulfill and honor the rights of others

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32
Q

What are 2 types of obligations

A

Legal and moral obligations

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33
Q

What are legal obligations

A

Formal statements of law that are enforceable under the law

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34
Q

What are moral obligations

A

Based on moral or ethics but not enforceable under the law

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35
Q

What are normative ethics

A

Deals with questions and dilemmas that require choice of actions when there is a conflict of rights or obligations between two sides

(the nurse and the client, the nurse and the client’s family or the nurse and the physician)

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36
Q

What are bioethics

A

Questions concerning life and death, quality of life, life-sustaining and life altering technologies and biological science in general

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37
Q

What are other names for utilitarianism

A

Teleology, consequentialism, or situation ethics

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38
Q

What is utilitarianism

A

This is the system of utility associated with the decision of the greatest good for the greatest number and the end justifies the means, usually efficient and utility based

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39
Q

What is deontology also known as

A

The formalistic system, principle system of ethics, or duty-based

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40
Q

What is deontology

A

System of ethical decision making that is based on moral rules and unchanging principles based on discovery and confirmation of a set of morals or rules that govern the ethical dilemma

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41
Q

Code of ethics will help hold the profession ethically accountable which will assist in ___

A

professional autonomy

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42
Q

What are the 2 types of law

A

Statutory and common law

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43
Q

What is statutory law

A

Consists of law written and enacted by the US congress, state legislatures, and other governmental entities

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44
Q

Most laws that govern nursing are state level _______ because licensure is a function of the state’s authority

A

Statutory laws

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45
Q

Common law

A

Evolved from the decision of previous legal cases that form a precedent, often extends beyond the scope of statutory law, deals with matters outside the scope of laws enacted by legislature

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46
Q

What are the two major divisions of law

A

Criminal law and civil law

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47
Q

True or false criminal law and civil law can either be statutory or common types of law

A

True

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48
Q

Criminal law

A

Concerned with providing protection for all members of society
When someone is accused of violating a criminal law the government imposes a punishment that is appropriate for the crime

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49
Q

What are some common violations by nurses of the criminal law

A

Failure to renew nursing licenses which results in practicing without a license which is a crime in all other states
Illegal diversion of drugs, intention or unintentional deaths of clients, such as assisted suicide

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50
Q

Civil laws

A

Generally deal with the violation of one individual’s rights by another individual

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51
Q

In what kind of lawsuits are nurses more likely to be involved with

A

Civil lawsuits

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52
Q

The burden of proof rests with who

A

The plaintiff (person suing)

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53
Q

Tort law

A

Wrongful act committed against a person or his/her property

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54
Q

What is negligence

A

The omission of an act that a reasonable and prudent person would perform in a similar situation or the commission of something a reasonable and prudent person would not perform in a similar situation

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55
Q

What is an example of negligence

A

Not raising the side rails up

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56
Q

What is malpractice

A

Type of negligence for which professional can be sued

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57
Q

What is malpractice also referred to as

A

Professional negligence

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58
Q

When is a professional expert witness often asked to testify to help establish the standard of care to which the prudent professional should be held accountable

A

In a malpractice

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59
Q

Professional misconduct

A

Involves malpractice which indicates unreasonable lack of skill in performing professional duties (incompetence)

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60
Q

What is nursing malpractice based on

A

Based on premise that a nurse can be held legally responsible for the personal injury of another individual if it can be proved and that the injury was the result of negligence

61
Q

How many elements are needed for a person to make a claim of negligence

A

4

62
Q

What are the 4 elements needed to prove negligence

A
  1. a duty was owed to the client (professional relationship
  2. The professional violated the duty and failed to conform to the standard of care (breach of duty)
  3. The professional’s failure to act was the proximate cause of the resulting injuries (causality)
  4. Actual injuries resulted from the breach of duty (damages)
63
Q

If any of the 4 elements are missing from a case to prove negligence what can happen

A

The client will probably not be able to win the lawsuit

64
Q

What is an intentional tort

A

Willful act that violates another person’s rights or property

65
Q

What is used to distinguish malpractice from acts of negligence

A

3 requirements

66
Q

How can you distinguish malpractice from negligence

A
  1. The nurses act must intend to bring about the consequence of the act
  2. The nurse must be intended to interfere with the client or client’s property
  3. The act must be a substantial factor in bringing about the injury or consequence
67
Q

Assault

A

Unjustifiable attempt to touch another person or the threat of doing so

68
Q

Battery

A

Actual harmful or unwarranted contact with another person without his or her consent

69
Q

What is the most common intentional tort in nursing

A

Battery

70
Q

False imprisonment

A

When a competent client is confined or restrained with intent to prevent him or her from leaving the hospital

71
Q

Do restraints alone constitute false imprisonment if used to maintain the safety of the patient?

A

NO

72
Q

How to prove intentional infliction of emotional distress

A

Must prove

  1. the conduct exceeds what is accepted by society
  2. HCP’s conduct is intended to cause mental distress
  3. the conduct actually does produce mental distress
73
Q

When charged with assault, battery, or false imprisonment what charge is also seen

A

Intentional infliction of emotional distress

74
Q

Client abandonement

A

When there is unilateral severance of the professional relationship with the client without adequate notice

75
Q

When is the nurse/client relationship terminated

A

When there is mutual consent of both parties

76
Q

What is a quasi-intentional tort

A

Voluntary act that directly causes injury/distress without intent

77
Q

This is a mixture of unintentional and intentional torts that usually involve situations of communication and often violate a person’s reputation, personal privacy, or civil right

A

Quasi-intentional tort

78
Q

Defamation of character

A

It is harmful to a person’s reputation (diminishing the esteem, respect, good will, or confidence that others have for the person)

79
Q

What are two types of defamation of character

A

Slander and libel

80
Q

Slander

A

spoken communication discussing another person that harms that person’s reputation

81
Q

Libel

A

written communication where statements or language is used that harms another person’s reputation

82
Q

What is a primary source of defamation of character

A

Medical record documentation

83
Q

What do you need to prove to win a defamation lawsuit against a nurse

A

Prove that the nurse acted maliciously, abused the principle of privileged communication, and wrote or spoke a lie

84
Q

Invasion of privacy

A

Violation of a person’s right to protection against unreasonable and unwarranted interference with one’s personal life example

85
Q

Giving out private client info over the phone is an example of what

A

Invasion of privacy

86
Q

Breach of confidentiality

A

When a client’s trust and confidence are violated by public revelation of confidential or privileged communications without the clients consent

87
Q

When can you breach confidentiality

A

Suicide, court, child abuse, elder abuse

88
Q

Do nurses gave privileged communication

A

NO but can if they were present at the time physician discussed this with patient

89
Q

Disclosure of info to family members violates ____ unless the client is less than 18 or gives permission

A

HIPAA

90
Q

What does HIPAA stand for

A

Health Insurance Portability and Accountability Act

91
Q

What is the period of time that lawsuits against healthcare workers must be filed in called

A

Statute of limitations

92
Q

When does statute of limitations begin

A

At the time of the injury or when injury is discovered

93
Q

Until when does statute of limitations lasts

A

Until some specified time usually 1-6 years but most common 2

94
Q

In most state the statute of limitations is what

A

6 years

95
Q

In cases involving children, the statute of limitations extends until the person reaches what

A

21 years of age

96
Q

What begins the litigation process

A

Filing of the complaint

97
Q

Plaintiff

A

The client or the family member of the client is the alleged injured party or the person suing

98
Q

Defendant

A

The person or entity being sued

99
Q

Defendant must ____ to the allegations stated in the complaint within a specific time

A

Respond

100
Q

The written response of the defendant is called the

A

Answer

101
Q

What can the nurse outline in the answer

A

Nurse can outline specific defenses to the claims made against them

102
Q

When does the discovery phase begin

A

After the complain and answer are filed

103
Q

What is the purpose of the discovery

A

To uncover all information relevant to the malpractice suit and the incident in question

104
Q

What kind of questions may the nurse be asked to answer

A

Questions that relation to the nurse’s education background and emotional state, the incident that led to the lawsuit, and any other pertinent info

105
Q

The questions the nurse is asked to answer

A

Interrogatories

106
Q

Documents r/t the lawsuit that the plaintiffs lawyer can ask for

A 
Plaintiffs medical records 
Incident reports 
Electronic communications 
Address books or list of contacts 
The institutions policy and procedure manual concerning specific situation 
Nurses job description
107
Q

Deposition

A

Formal legal process that involve the taking of testimony under oath and is recorded by a court reporter

108
Q

When does the trial usually take place

A

Years after the complaint was filed

109
Q

Main reason clients sue

A

To recover monetary compensation and other associated costs against the person or institution that harmed the client and to prevent defendant from doing it again

110
Q

actual damages are awards that cover the actual cost of injuries and economic losses caused by the injury. These include all medical expenses related to the injury and any lost wages or income that resulted from extended hospitalization or recovery period.

A

Compensatory damages

111
Q

monetary awards for injuries for which an exact dollar amount cannot be calculated, these awards include pain and suffering, loss of companionship, shortened life span, loss of reputation, and wrongful death.

A

General damages

112
Q

also called exemplary damages, are awarded in addition to compensatory and general damages when the actions that caused the injury to the client were judged to be willful, malicious, or demonstrated an extreme measure of incompetence and gross negligence. The primary purpose of punitive damages is to “punish” the defendant and deter him or her from ever acting in the same way again.

A

Punitive damages

113
Q

allow the judge in certain instances to triple the actual damage award amount as an additional form of punitive damages

A

Treble damages

114
Q

can be awarded when the law requires a judge and jury to find a defendant guilty but no real harm happened to the plaintiff

A

Normal damages

115
Q

are awarded to the plaintiff for out-of-pocket expenses related to the trial. It would cover the expenses of taking a taxi back and forth to the courthouse, use of special assistive equipment, and special home health care providers not covered under actual damages.

A

Special damages

116
Q

In a state with ____ _____ plaintiffs are not allowed to receive money for injuries if they contributed to those injuries in any manner

A

Contributory negligence

117
Q

In a state with ___ ____ the awards are based on the determination of the percentage of fault by both parties

A

Comparative negligence

118
Q

When clients sign the ____ ____ form for a particular treatment, procedure, surgery, it is implied that they are aware of the possible complication of that treatment procedure or surgery

A

Informed consent

119
Q

Under the ______ if one of those listed or named complications occurs the client has no grounds to sue the HCP

A

Assumption-of-risk defense

120
Q

designed specifically to protect health care providers in emergency situations. A health-care professional who provides care in an emergency situation cannot be sued for injuries that may be sustained by the client if that care was given according to established guidelines and was within the scope of the professional’s education.

A

The Good Samaritan Act

121
Q

The Good Samaritan Act protect the concept of ___

A

Implied consent

122
Q

Based on the claim that the actions of the the nurse followed the standards of care or that even if the actions were in violation of the standard of care the actions themselves were not the direct cause of the injury

A

Defense of the fact

123
Q

Informed consent

A

The voluntary permission by a client or by the client’s designated proxy to carry out a procedure on the client

124
Q

Who has the responsibility to obtain the informed consent

A

The person who is performing the procedure

125
Q

The informed consent can only be given by a client after the client receives sufficient info on

A
  1. treatment proposed
  2. material risk involves (potential complications )
  3. acceptable alternative treatments
  4. outcome hoped for
  5. consequences of not having treatment
126
Q

True or false: Nurses should only supplement the material and reinforce info given by the physician when it comes to informed consent

A

True

127
Q

Should the nurse be the primary or only source of info for the informed consent

A

NO

128
Q

What are the 2 exceptions to informed consent

A
  1. Emergency situations: client is unconscious, incompetent, or otherwise unable to give consent
  2. Situations in which the HCP feels that it may be medically contraindicated to disclose the risks and hazards b/c it may result in illness or severe emotional distress
129
Q

What are the two types of advance directives

A
  1. living will

2. medical durable power of attorney or health-care proxy

130
Q

Document stating what health care client will accept or refuse after the client is no longer competent or able to make that decision

A

Living will

131
Q

Designates another person to make health care decisions for a person if the client becomes incompetent or unable to make such decisions

A

Medical durable POA or health-care proxy

132
Q

True or false DNR orders are legally separate from advance directives

A

True

133
Q

For the health care professional to be legally protected there should be a ______ in patient’s chart written by physician

A

Written order indicate “no code” “allow natural death (AND) or DNR”

134
Q

A lack of ____ in the medical records indicating how the DNR decision was reached can be a critical issue if a medical malpractice case is involved

A

Lack of proper documentation

135
Q

Information about the DNR status of a client should be obtained _____

A

During shift reports

136
Q

Standards of care are used to measure the actions of a nurse involved in a malpractice suit and are based on the actions that would probably be taken by a ____ ____

A

Reasonable person

137
Q

What is the leading cause of health care related errors leading to injury death and lawsuits

A

Miscommunication among health care workers

138
Q

The client’s health record is the single most frequently used piece of ___ evidence in a malpractice suit

A

Objective

139
Q

The client record should not contain what

A

Personal opinion

140
Q

The client record should be

A

Legible
Written in chronological order
Written and signed by the nurse

141
Q

In the client’s record there should be no ___, should include ___ & ___ , ____ , ____ from family and patient and have nothing about anything that is not about the patient

A

Blank spaces
Date and time
Direct observations
Quotes

142
Q

Laws ensure the preservation of a ___ by regulating conduct and are enforced by a police force

A

Society

143
Q

Belief that an act is either right or wrong based on the consequences of the act

A

Utilitarianism

144
Q

The belief that an act is either good or bad based on the act itself

A

Deontology

145
Q

Federal law that requires all federally funded institutions to inform clients of their right to prepare advance directives

A

PSDA

Patient Self-Determination Act

146
Q

Federal statute that protects private patient information from being disclosed

A

HIPAA

Health Insurance Portability Act

147
Q

This statute protects workers with disabilities against discrimination

A

ADA

American Disability Act

148
Q

This law improved the process for individuals to make anatomical donations

A

Uniform Anatomical Gift Act

149
Q

This statute requires insurance companies provide coverage that includes mental health issues

A

Mental Health Parity Act

Professional Development (5 decks)

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