Exam Prep

Question 1

Consent

Answer 1

• May be given in either of 3 ways; implied, oral or written
• Practitioners, including nurses, have a legal duty to warn patients of material risks associated with a proposed treatment
• Legal capacity: The patient must be able to take in and retain information, understand the information, assess or weigh the information (balancing risks against benefits and their needs) and communicate their decision
• Three necessary principles/elements for valid informed consent; Must be given freely and voluntarily, must be informed and for a specific procedure/treatment and the person giving consent must have legal capacity

Question 2

Consent form

Answer 2

• A written record informing a patient about the material risks of a procedure and documents a patient’s informed consent
• Both patient and doctor must sign
• Must be completed by the treating doctor or (in a public hospital) the doctor who gained informed consent
• Nurses can witness a patient’s signature, if required, on a consent form filled in and signed by the doctor

Question 3

Employee

Answer 3

• Not an independent contractor
• Someone who is directed by an employer as to what to do, how to do it and when to do it

Question 4

Vicarious liability

Answer 4

• The law of vicarious liability states that an employer will be held liable for any damage suffered by a person as a result of the negligence of its employees arising out of or in the course of their employment
• The employer will be liable to pay any damages in such places
• The employer is in a better financial position than individual employees to meet such liabilities

Question 5

Causation

Answer 5

A successful claim for damages requires a causal link between the breach of duty and the damage suffered

Question 6

Elements of statutory/professional negligence

Answer 6

• Duty of care
• Breach of that duty
• Injury or damage resulting from that breach
• The injury/damage was foreseeable

Question 7

Non-delegable duty of care

Answer 7

• Duty of care towards a group of people which cannot be assigned to someone else
• It is a duty to ensure reasonable care is taken

Question 8

Good Samaritan principle

Answer 8

• Protects a rescuer from liability if they come to the aid of a person in need
• The rescuer is usually protected from unforeseen consequences of their actions

Question 9

Linguistically diverse

Answer 9

• Needs a qualified interpreter from a recognised organisation, preferably in person
• Do not use friends or relatives as interpreters outside of routine activities such as ADL’s

Question 10

Open disclosure

Answer 10

A process for ensuring that open, honest, empathetic and timely discussions occur between patients and/or their support person(s) and Health Service staff following a patient safety incident

Question 11

Notifications (complaint)

Answer 11

• Regards a practitioner’s health, performance and conduct
• Any person may make a notification about a nurse or nursing student
• All health practitioners, employers and education providers must make mandatory notifications to AHPRA if they believe a nurse, midwife or student has behaved in a way that constitutes notifiable conduct

Question 12

The Coroner

Answer 12

• Deaths must be reported unless they fall outside of the scope of the Coroners Act or when the death is expected and a death certificate can or has been issues
• Role of Coroner’s Court; investigate reportable or suspected deaths, investigate fires and explosions, make recommendations concerning public health and safety and ensure that an inquest or inquiry is held whenever it is required

Question 13

Conscientious objection

Answer 13

• Nurses have a right to refuse to participate in procedures that would violate their reasoned moral conscience. In doing so they must take all reasonable steps to ensure that the quality of care and patient safety is not compromised

Question 14

Mental health acts

Answer 14

• Define people who are subject to care, treatment and protection under the Act, for the protection of themselves or others from harm
• Set out the process for admission, detention and treatment to promote recovery within mental health facilities
• Recognise the fundamental rights of persons
• Set up appeal mechanisms

Question 15

Giving Voice to Values (GVV)

Answer 15

• Values
• Choice
• Normalisation
• Purpose
• Self-knowledge and alignment
• Voice
• Reasons and rationalisations

Question 16

Trespass to the person

Answer 16

• Assault
• Battery
• False imprisonment

Question 17

Intellectual disability

Answer 17

Intellectually Disabled Persons or people lacking capacity over 18 years of age require one of the following to consent to treatment; a legally appointed guardian, ensuring guardian appointed by the person whilst of sound mind or a “person responsible”

Question 18

Minors

Answer 18

• Minors can authorise medical treatment when they are old and mature enough to decide for themselves, provided they are capable of understanding what is proposed and of expressing their wishes
• 14 years or older - Where the individual consents to medical treatment this will defeat any subsequent claim of battery by the individual
• However, a child under 16 cannot refuse medical treatment

Question 19

Principle of double effect

Answer 19

• Conditions of the principle of double effect are as follows;
• The act in itself must not be morally long (and will usually be a last resort)
• The person must not intend the bad effect (as an end to be sought)
• The evil effect must not be a means to achieving the good effect
• The bad effect must not outweigh the good effect

Question 20

Medications

Answer 20

• Classed as therapeutic substances within. list of controlled poisons
• The Poisons and Therapeutics Act covers substances that are harmful to varying degrees when handled incorrectly
• Nurses need a nursing licence to handle certain medications
• Medicines and poisons are classified into Schedules according to the level of regulatory control over the availability of the medicine or poison, required to protect public health and safety
• The following schedules relate to most nursing contexts; S2, S3, S4, S4D/S4R, S8

Question 21

Therapeutic privilege

Answer 21

• Withholding of information from a patient
• Should only be used by a doctor when in a patient’s best interests
• Was commonly used in the past
• Patient feedback indicated that despite diagnosis or prognosis, the patient preference was that they be told the truth

Question 22

Ethical theories

Answer 22

Normative ethics is the study of principles of ethics in action:
- Utilitarianism
- Deontology
- Virtue ethics
- Care ethics