LAW and ETHICS Flashcards
what are intentional torts
assault battery defamation of character invasion of privacy false imprisonment
what are unintentional torts
negligence
malpractice
what are the sources of law
constitutional
legislative
administrative
common law
what are the types of laws
public law and private law
what does public law consist of
individual vs. society
criminal law
what does private law consist of
individual vs individual
contract and tort law
what is tort law?
type of private law
enforces duties and rights
what are the types of legal actions
civil and criminal actions
varies state to state
protects the public
describes the scope of nursing practice
nurse practice act
what is the regulation of nursing practice
nurse practice act
credentialing
standard of care
legal permit that government agency grants to individual to engage in the practice of a profession and to use a particular title
license
voluntary practice of validating that an individual nurse has met minimum standards of nursing competence in specialty areas
certification
skills and learning commonly possessed by members of a profession. evaluates the quality of care and becomes the guidelines for the nursing practice.
standards of care
what are internal standards of care
job description
education
expertise
what are external standards of care
nurse practice acts
professional organizations
nursing specialty practice organizations
fed organizations and fed guidelines
quality or state of being legally responsible for ones obligations and actions an for making financial restitution for wrongful acts
liability
what are the two types of consent
expressed consent
implied consent
three major elements of informed consent
must be voluntary
must be given by client or kin with competence
client must have enough info
what is the nurses role in consent?
voluntary
authentic sig
client appears competent
what are the four elements of unintentional negligence
duty to care
breach of duty
proximate cause
damages of some sort
enduring beliefs or attitudes about the worth of a person, object, idea, or action
values
organize their values internally along a continuum from most important to least important
value system
interpretations or conclusions that people accept as true, based more on faith than fact, also could be an opinion
beliefs
mental positions or feelings toward a person, object or idea. it lasts overtime usually
attitude
what are the two concepts of values?
value transmission and value clarification
what is value transmission?
values learned through observation and experience
what is value clarification?
process where people identify examine and develop their own individual values
6 steps to clarify client values
- list alternatives
- examine possible consequences of choices
- choose freely
- feeling about the choice
- affirm the choice
- act with a pattern
private, personal standards of what is right and wrong in conduct, character, and attitude
morality
learning to tell the difference between right and wrong and of learning what ought and ought not to be done
moral development
teleological theory
looks at consequence of an action instead of if the action is right or wrong
(THE END)
deontological theory
morality of an action not determined by consequence
DUTY
caring theory
relationship based
wants common good
individual rights
is it caring and responsible?
what are moral principles
autonomy nonmalefience benefience justice fidelity veracity
autonomy
right to choose personal goals
nonmalifience
do no harm
beneficence
doing good
justice
fairness
fidelity
faithful to agreements and promises
veracity
telling the truth
answerable to oneself and others for ones own actions
accountability
specific accountability or liability associated with the performance of duties of a particular role
responsibility
what are the origins of ethical problems in nursing?
social an technological changes
conflicting loyalties and obligations
AIDS abortion organ and tissue transplantation end of life issues allocation of scarce health resources management of personal health information
all represent what?
ethical issues
what does accountability allow for in the legal and ethical nurse
explaining rationale behind actions
recognize standards to which she’s held
understands the legal aspects
what are the sources of law
constitutional
legislative
common law
administrative
who are the three people who cannot give consent
mental ill
unconscious
minors
what are the 4 things that must be violated to be negligence
duty to care
breach of duty
proximate cause
damages of some sort
how to know if breach of duty has been violated
was the end foreseeable??
commission or omission
how to know if damages of some sort would be negligent
if the breach is related to the damages
