Finals - Ethico-Moral and Legal COnsiderations Flashcards
Nursing practice is Guided with the following:
• Ethical Principles
• ICN Code of Ethics
• Standards of Conduct
• Philippine Nursing Law:
Scope of Nursing
Practice
• Laws
is defined as a situation requiring a choice between two equally desirable or undesirable alternatives.
dilemma
Examples of dilemmas
• Too many patients but scarce resources (How to provide proper care)
• Don’t resuscitate
• EuthanasiaTreatment of terminally ill patient like end stage cancer, HIV etc
•Rights of psychiatry patient etc.
Bioethical Principles
- Autonomy
- Beneficence
- Nonmalifecence
- Justice
- Veracity
- FIdelity
Rowson Ethical Framework FAIR
- Fairness
- Autonomy
- Integrity
- Results
- the principle of self-rule
- the right to participate in and decide on a course of action; freedom to act independently
Autonomy
- it is to produce benefit, to do good, to always
- act in the best interests of the patient
- whatever is done or said must be for the patient’s good
- includes being honest with patients, which in nearly all circumstances will be of benefit to the patients
- patients should not be subjected to unnecessary investigations
Beneficence
- is to minimize or do no harm
- whatever is done or said must not harm the patient, physically or psychologically
- includes being honest with patients; lying to patients or telling only part of the truth will very probably cause harm
- for every intervention, the potential benefits must be weighed against possible adverse effects
treatments should not be prescribed unless there is a strong chance they will help the patient and only a small chance of unpleasant
Nonmaleficence
- Simply defined as “equal treatment of equal cases’’
- Treating everyone the same.
- is about meeting everyone’s individual needs fairly.
- However, some people need to be treated differently if they require special care over and above what other people may need.
Justice
means that one’s actions are the same as your professional values.
Integrity
- It is concerned with being open, honest and truthful with people
- It is also the accurate transfer of information in a way that is suitable for the individual to understand
Veracity
- Is the relationship that exists between individuals
- is about being Faithful
- Keeping promises
- Always doing what is right
- Being trust worthy
- Confidential
- Showing respect and dignity
- Respecting autonomy
- Acting in their best interest
Fidelity
Nurses have four fundamental responsibilities:
- to promote health
- to prevent illness
- to restore health
- to alleviate suffering
Nurses render health services to:
- the individual
- the family
- the community
The ICN Code of Ethics for Nurses has four principal elements
- Nurses and people:
- Nurses and practice
- Nurses and profession
- Nurses and co-workers
Values of the Standard of Conduct
- Respect for the dignity
- Professional accountability and responsibility
- Quality of practice
- Trust and confidentiality
- Collaboration
Philippine Nursing Act of 2002
RA 9173
NULL
The Board is now composed of a chairman and 6 members instead of 4.
is a rule or a body of rules of conduct inherent in human nature and essential to or binding
upon human society and guide human functions.
Law
IMPORTANCE OF LAW IN NURSING
• It protects the patients/clients against deliberate and inadvertent injury by a nurse.
• It protects the nurses also against the suits if she renders right care
Types of Law
- Public Law
- Civil Law
- the law of relationships between individuals and the government.
Public Law
___ law is concerned with the constitutions
and functions of the various organs of Government including local authorities, their relations with each other and citizens
Public
forms the basis of our legal system
Constitutional Law
ensures fairness in government
Administrative Law
catalogues forbidden the behaviours
Criminal Law
funds government
Tax Law
the law of the relations between individual citizens and their rights and responsibilities
Civil Law
Four of the most important types of civil law:
- Contracts
- Property
- Family relations
- Civil wrongs causing physical injury or injury
to property (tort).
These types of torts are accidents that cause injury to another person or property.
UNINTENTIONAL TORTS
this usually means failure by the nurse to take the appropriate action to protect the patient from harm.
NEGLIGENCE
One shall act with justice, give every man his due, observe honesty and good faith.
Civil Code, Article 19
Those who, in the performance of their obligations through negligence cause any injury to another, are liable for damages.
Civil Code, Article 20
Common Acts of Negligence
- Burns
- Objects left inside the patient’s body
- Falls of elderly
- Falls of children
- Failure to observe and take appropriate action as needed
- Failure to report observations to attending physicians
- Failure to exercise the degree of diligence which the circumstances of the particular case demands
- Mistaken identity
- Wrong medicine, wrong concentration, wrong route, wrong dose
an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which cause injury to the patient.
MALPRACTICE
Refers to a negligent act committed in the course of professional performance (1962)
MALPRACTICE
FOUR elements must be met to prove guilty of malpractice.
- DUTY
- BREACH OF DUTY
- INJURY (DAMAGES)
- PROXIMATE CAUSE
(relationship) nurse’s responsibility to provide care in an acceptable manner.
DUTY-
failed to provide care in acceptable manner.
BREACH OF DUTY-
nurses act caused harm.
INJURY (DAMAGES)-
reasonable cause and effect can be shown between the omission or commission and the harm.
PROXIMATE CAUSE-
These types of torts are deliberate actions in which the intent is cause injury to a person or property.
INTENTIONAL TORTS
is the imminent threat of a harmful or offensive bodily contact.
Assault
is an intentional, unconsented touching of another person.
Battery
It means that the unjustifiable detention of a person without legal warrant within boundaries fixed by the defendant by an act or violation of duty intended to result in such confinement.
False Imprisonment or Illegal Detention.
is oral defamation of a person by speaking unprivileged or false words by which his reputation is damaged.
Slander
is defamation by written words, cartoons or such representations that cause a person to be avoided, ridiculed, or held in contempt or to tend to injure him in his work
Libel
Legal Issues in the Nursing Practie Area
- Cobtrolled substances
- Patient’s property
- Caring for patients with AIDS
Important Legal Safeguards
- Licensure
- Standards of Care
- Informed Consent
- Correct Identity
- Documentation
