Exam 4 Flashcards
What is the definition of law?
Standard or rule of conduct established & enforced by government (Designed to protect the rights of the public)
What is litigation?
The process of taking legal action (start)
What is the plaintiff?
The person who brings a case against another in a court of law. The one who was wronged.
What is the defendant?
The individual, company, or institution being accused or sued in a court of law. Presumed innocent until proven guilty
What is the definition of public law?
Regulates relationships bt. Individuals & government
What is the definition of private law?
Regulates relationships among people
What is the definition of criminal law?
Defines criminal actions (e.g. murder, theft)
What is the definition of constitution law?
Fundamental principles or established precedents according to which a state or other organization is governed. (Highest level of law)
What is the definition of statutory law?
Law enacted by a legislative body. (traffic regulation)
What is the definition of administrative law?
Body of law that regulates the operations and procedures of government agencies.
What is the definition of common law?
Law developed through court decisions rather than through statutes. (Ruling made be a judge)
What are the nurse practice acts?
What we can and can’t do
What are nursing standards?
How we do tasks
What are nursing credentialing?
How we become licensed, how we are recognized as a nurse
What are some reasons for suspending or revoking a license?
Drug or alcohol (10-20%), Fraud (misrepresenting self), Deceptive practice, Criminal acts, Previous disciplinary actions, Gross or ordinary negligence, & Physical or mental impairments, including age
What are the steps in revoking a license?
Notice of investigation, Fair & impartial hearing, & Proper decision based on substantial evidence
What are a nurse’s best defenses of license investigation (3)?
Early legal counseling, Character & expert witnesses, & Through preparation for all proceedings
What is a misdemeanor?
A less serious crime, typically punishable by a fine or a short jail term (<1 year)
What is a felony?
A more serious crime, usually punishable by imprisonment for more than one year
What is tort?
A wrong committed by a person against another person or that person’s property; tried in civil court (malpractice)
What is a crime?
Wrong against a person or the person’s property as well as the public
What are examples of intentional torts?
Assault (verbal) & battery (touch), Defamation of character (false info. About someone made publicly), Invasion of privacy, False imprisonment (restraint), & Fraud
What are examples of unintentional torts?
Negligence & Malpractice
6 HIPAA-Ensured pt. rights
See & Copy records, Update (biographical info), Request correction of any mistake, Get Disclosure List, Request Restriction, & Choose How to Receive Info
Categories of malpractice claims?
Failure to: Follow standards, Use equipment correctly, Assess and monitor, Communicate, Document, & Act as a pt. advocate
4 elements of liability
Duty, Breach of duty, Causation, & Damages
What is duty?
The accepting of the assignment
What is breach of duty?
Did not meet the standards
What is causation?
Breach of duty caused something bad to happen
What is damages (liability)?
Pt. suffers (physical or emotional)
3 outcomes of malpractice litigation
Fair settlement, Presented to malpractice arbitration panel, & Brought to trial court
3 roles of nurses in legal proceedings
Defendant, Fact witness (what happen on that shift), & expert witness (legal training & goes to testify)
4 elements of informed consent
Disclosure, Comprehension, Competence, & Voluntariness
3 types of risk management programs
Safety, Product safety, & Quality assurance programs
4 OSHA legal regulations
Use of electrical equipment, Use of isolation techniques, Use of radiation, & Use of chemicals
What is modeling in regards to value transmission?
A method of value transmission where individuals learn behaviors by observing others. Something learned in upbringing (parents)
What is moralizing in regards to value transmission?
A mode of value transmission that emphasizes the importance of moral lessons and ethical principles. (Church, school, etc.)
What is Laissez-faire in regards to value transmission?
An approach to value transmission that allows individuals to make their own choices without intervention. (when parents let you explore your values
What is rewarding & punishing in regards to value transmission?
A technique of value transmission that involves incentives and consequences to influence behavior. (parents punishing when you stray)
What is responsible choice in regards to value transmission?
A value transmission method that encourages individuals to make informed and accountable decisions. (after exploring, you decide what is best for you)
3 main activities of the valuing process
Choosing (freely from alternatives), Prizing (treasuring) (involves pride, happiness, & public affirmation), & Acting (combining choice into one’s behavior)
What is altruism?
Concern for welfare & well-being of others
What is autonomy?
Right to self-determination
What is human dignity?
Respect for inherent worth & uniqueness of individuals & population
What is integrity?
Acting according to code of ethics & standards of practice
What is social justice?
Upholding moral, legal, & humanistic rights
What are bioethics?
Life sciences
What are nursing ethics?
Ethics analysis used by nurses to make ethical judgements
What are feminist ethics?
Critiques existing patterns of oppression & domination in society especially affecting women & the poor
What are the 2 categories of action-guiding theories?
Utilitarian & Deontologic
What is the utilitarian action-guiding theory?
The rightness or wrongness of an action depends on the consequences of the action
What is the deontological action-guiding theory?
An action is right or wrong independent of its consequences
What is the autonomy principle-based approach?
Respect rights of pt. to make health care decisions
What is the nonmaleficence principle-based approach?
Avoid causing harm
What is the beneficence principle-based approach?
Benefit the patient
What is the justice principle-based approach?
Give each his or her due & act fairly
What is the fidelity principle-based approach?
Keep promises
What are the five characteristics of the care-based approach to bioethics
Centrality of the caring relationship, Promotion of dignity and respect, Attention to the particulars of individual pt., Cultivation of responsiveness, & Redefinition of fundamental moral skills
What are the 3 purposes of the code of ethics for nurses?
A succinct statement of ethical obligations & duties, Profession’s nonnegotiable ethical standard, & Expression of nursing’s own understanding of its commitment to society
What are the 6 ICN guidelines to achieve purpose of code of ethics?
Study, Reflect on, Discuss, Use, Work in, & Collaborate
What are the 7 basic tents of bill of rights for RNS?
Practice in a manner that fulfills obligations to society, Pracitce in environments that allow them to act in accordance, Work in an environment that supports & facillitates ethical practice, Freely & openly advocate, Recive fair compenstation, Practice in a safe work enviorment, & Negotiate the conditions of employment
What is the definition of an ethical dilemma?
2+ clear moral principles apply but support mutually inconsistent courses of action (the choices)
What is the definition of ethical distress?
Occurs when the nurse knows the right thing to do but either personal or institutional factors make it difficult to follow the correct course of action (the way it makes you feel)
What are the 4 steps to rising above moral distress?
Ask, Affirm, Assess, & Act (Cycle)