fundamentals- chapter 3 Flashcards

1
Q

professional accountability

A
  • a nurse’s responsibility to meet health care needs of a patient in a safe and caring way
  • students must apply classroom learning and theory in a clinical setting
  • commitment to stay current and knowledgeable
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2
Q

advance directive

A
  • written statement expressing the patient’s wishes regarding future consent for or refusal of treatment if the patient is incapable of participating in decision making
  • durable power of attorney
    • gives legal power to a health care agent
    • person chosen by the patient to make decisions on their behalf
  • can be changed at any time
  • most current form supersedes any prior ones
  • may be called a “living will”
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3
Q

assault

A
  • the threat to harm another
  • the threat to touch another without that person’s permission
  • the person being threatened must believe that the other person has the ability to carry out the threat
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4
Q

battery

A
  • the actual physical contact that is carried out against another’s will
  • performing a procedure without consent
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5
Q

competent

A

mentally and emotionally capable to understand and act (make choices); able to appreciate consequences of actions

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6
Q

confidential

A

kept private

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7
Q

consent

A
  • legal documentation that records the patient’s permission to perform a treatment or surgery, or to give information to insurance companies or other heath care providers
  • legal representative (medical power of attorney/next of kin) must consent if patient is impaired/ mentally unfit
  • no abbreviations allowed on consent forms
  • if no one is available to give consent in a life threatening situation, two doctors of the relevant specialty must sign saying that a procedure is necessary to save the patient’s life
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8
Q

defamation

A
  • one person makes remarks about another person that are untrue, and the remarks damage that other person’s reputation
  • slander (verbal) and libel (written)
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9
Q

delegation

A
  • assignment of duties to another person
  • LPNs may supervise CNAs, technicians, or other LPNs
  • delegating nurse’s duty is to supervise and evaluate care that a licensed or unlicensed person provides (some states recognize delegation to an unlicensed person as “assignment”)
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10
Q

discrimination

A
  • making a decision or treating a person based on a class or group to which he belongs, such as
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11
Q

do not resuscitate (DNR) orders

A
  • may also be called Allow Natural Death (AND) orders
  • patient has indicated decision to be allowed to die if their breathing or heart stops
  • no CPR or assisted breathing will be started
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12
Q

euthanasia

A

the act of ending another person’s life, with or without their consent, to end potential suffering. this is not legal in any US state

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13
Q

false imprisonment

A
  • preventing a person from leaving, or restricting movements in the facility
  • when involuntary admission is made against a patient’s wishes
  • patients may be detained for a short time without consent if it is to protect himself or others from harm
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14
Q

health care agent

A
  • surrogate decision maker
  • chosen by the patient to make decisions on their behalf
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15
Q

incident report

A
  • includes facts about incident and who was involved or witnessed
  • used by risk management
  • generally not filed as a part of the patient’s medical record
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16
Q

invasion of privacy

A
  • a violation of the confidential and privileged nature of a professional relationship
  • unauthorized persons learn of the patient’s history, condition, or treatment from the professional caregiver
  • leaves patients in a position that might cause loss of dignity or embarrassment
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17
Q

laws

A

rules of conduct that are established by our government

  • Constitution and Bill of Rights
  • laws made by elected officials
  • regulations made by agencies created by elected officials
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18
Q

liability

A

responsibility

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19
Q

libel

A

written defamation

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20
Q

malpractice

A
  • negligence by a professional person
  • person does not act according to the professional standards of care as a reasonable and prudent professional would
  • a reasonable and prudent person in nursing is a similarly educated, licensed, and experienced nurse
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21
Q

negligence

A
  • failure to meet the standard of care
  • failure to do something a reasonably prudent person would do or not do
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22
Q

nondisclosure agreement

A
  • NDA
  • gives an employer legal recourse if it can prove an employee broke confidentiality
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23
Q

nurse licensure compacts

A

certain participating states allow nurses to practice in any state belonging to the compact

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24
Q

nurse practice acts

A
  • define the scope of nursing practice
  • regulate the profession by a state’s board of nursing
  • include the definition of nursing for the RN and LPN and may include definitions for advance practice nurses
  • differ by state
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25
Q

Occupational Safety and Health (OSH) Act

A
  • passed in 1970 to improve the work environment area’s that affect worker health and safety
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26
Q

Occupational Safety and Health Administration (OSHA)

A
  • regulations on handling of infectious/toxic materials, radiation safeguards, and electrical equipment
  • requires orientation and education on safety hazards
  • requires facilities to keep a list of hazardous materials and MSDS
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27
Q

patient advocate

A

a person who speaks for and protects the rights of a patient

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28
Q

privilege

A

permission to da what is usually not permitted in other circumstances

29
Q

protective devices

A
  • highly regulated
  • may be physical (restraints) or chemical (drugs)
  • try to use less restrictive techniques before resorting to protective devices
  • physician order needed (must consult with supervisor in an emergency situation)
  • must follow facility policy for for providing toileting, hydration, and mobility
  • the inappropriate use of devices that limit a person’s mobility can result in charges of false imprisonment
30
Q

prudent

A

sensible and careful

31
Q

Quality and Safety Education for Nurses (QSEN) project

A
32
Q

reciprocity

A

recognition of one state’s nursing license by another state

33
Q

release

A
  • legal form to excuse one party from liability
  • common release is a Leave Against Medical Advice (AMA)
  • may also refer to forms used to authorize an agency to send confidential health care information to another agency, school, or insurance company
34
Q

sentinel event

A

an unexpected patient care event that results in death or serious injury (or risk of such) to the patient
- most frequent cause is lack of communication among caregivers

35
Q

sexual harassment

A
  • unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
  • illegal when used as a condition of employment or promotion or when it interferes with job performance
  • must let offender know actions are not wanted/warranted
  • needs to be documented (paper trail)
36
Q

slander

A

verbal defamation

37
Q

standards of care

A
  • provide a way of judging the quality and effectiveness of patient care
  • in legal cases, determine whether a nurse acted correctly
38
Q

statutes

A

laws; either civil or criminal

39
Q

tort

A

violation of a civil law; a wrong against an individual

40
Q

whistle-blowing

A

reporting illegal or unethical actions

41
Q

judicial law

A

results when a law or court decision is challenged in the courts and the judge affirms or reverses the decision. “establishing a precedent”

42
Q

administrative law

A

comes from agencies created by the legislature

43
Q

constitutional law

A

provides for basic rights and creates legislative bodies

44
Q

civil law

A

guarantees individual rights

45
Q

acuity

A

level of care

46
Q

licensure

A
  • eligibility determined by a state’s board of nursing
  • each state sends a representative to the National Council of the state’s Board of Nursing, which develops the National Council Licensure Examination (NCLEX)
  • passing score on the NCLEX-PN is accepted in all states as a requirement for licensure
47
Q

student nurses

A
  • held to the same standards as a licensed nurse
  • legally responsible for their own actions or inaction
  • responsibility to consult with the instructor when unsure in a situation, or when patient’s condition is changing rapidly
  • need to know their state’s nurse practice act
  • must not exceed the scope of practice
48
Q

professional discipline

A
  • state boards of nursing are responsible for discipline within the profession
  • most common charges brought against nurses are substance abuse, incompetence, and negligence
  • it is considered negligence to not report another professional’s misconduct
  • penalties may result in temporary suspension or loss of licensure
49
Q

continuing education (CE)

A
  • many states require evidence of continuing education after a nurse has passed the licensing exam
  • nurses must continue education to keep abreast of changes in health care practice, pharmacology, and technology in order to practice safely
50
Q

laws and guidelines affecting nursing practice

A
  • OSHA
  • Child Abuse Prevention and Treatment Act
  • discrimination
  • sexual harassment
  • Good Samaritan laws
  • Patients’ Rights
  • National Patient Safety Goals
  • Health Insurance Portability and Accountability Act (HIPAA)
  • consents and releases
51
Q

Child Abuse Prevention and Treatment Act (CAPTA)

A
  • defines child abuse and neglect
  • licensed health care professionals are required to report child abuse
52
Q

Good Samaritan Laws

A
  • protects a health care professional from liability if he stops to provide aid in an emergency
  • liability is limited unless there is evidence of gross negligence or intentional misconduct
  • protects actions within your scope of practice done with good/sound intentions
53
Q

Patient’s Right’s

A
  • revised to “The Patient Care Partnership: Understanding Expectations, Rights, and Responsibilities” in 2003
54
Q

National Patient Safety Goals

A
  • provide evidence and expert based solutions to problem areas in terms of patient safety
  • all nurses should review these goals annually
55
Q

medical records

A
  • a legal document that includes records of all assessments, tests, and care provided
  • kept confidential
  • only people directly associated with the care of that patient have legal access to the information in the chart
  • property of the hospital, agency, or physician- NOT the patient
  • patients have the right to to access the documents, but they must go through the medical records department to get a complete copy
  • copies may not be made
56
Q

Health Insurance Portability and Accountability Act (HIPAA)

A
  • regulations regarding patient privacy and electronic medical records
  • failure to comply with the rules may lead to civil penalties
  • intentional violation of the regulations can lead to sizable fines and time in jail (civil and criminal repercussions)
57
Q

informed consent

A
  • indicates the patient’s participation in the decision-making process
  • person signing must have knowledge of what the consent allows and be able to make a knowledgable decision
  • person signing must be told:
    1. the risks and benefits
    2. possible consequences of forgoing the procedure
    3. alternatives to the treatment
    4. name of the professional who will perform the procedure
58
Q

inferred/implied consent

A

is assumed when consent cannot be obtained from the patient or family in the event of a life threatening emergency

59
Q

emancipated minor

A

established independence by:
- moving away from parents
- service in the armed forces
- marriage
- pregnancy

60
Q

witnessing wills or other legal documents

A
  • you cannot witness any documents at a facility you work at
  • facilities have notaries for this purpose
  • if the will is contested, nurses can testify regarding the patient’s mental state or relationship to visitors
61
Q

codes of ethics

A
  • A respect for human dignity, the individual,
    and provision of nursing care that is not
    affected by race, religion, lifestyle, or culture
  • A commitment to continuing education,
    maintaining competence, and contributing to
    improved practice
  • The confidential nature of the nurse-patient
    relationship, outlining behaviors that bring
    credit to the profession and protect the public
62
Q

ethical committees

A
  • Many health care facilities have ethics
    committees that are composed of people from
    various departments
  • They collaborate to develop policies, address
    issues in their facility, and come to a better
    understanding of ethical dilemmas from
    different viewpoints
63
Q

ethical dilemmas

A

examples:
- Life-prolonging treatment versus refusing such treatment
- Initiating or terminating life support or treatment
- Assisted suicide
- Euthanasia

64
Q

autonomy

A

control over personal decisions

65
Q

justice

A

giving patients their due and treating them fairly

66
Q

beneficence

A

to “do good”

67
Q

non-maleficence

A

to be faithful to the charge of acting in the patient’s best interest when the capacity to make free choice is no longer available

68
Q

PHI

A

protected health information