Law and ethics Flashcards
Ethics
Analysis of a rational process to decide a course of action where conflicting options exist
- cancer pt who smokes
Morals
Community norms - right vs wrong
values
individual beliefs and attitudes that influence actions and decisions
principles of moral reasoning
autonomy, non-maleficence, beneficence, justice, veracity and fiedelity
autonomy
the capacity of a rational individual to make an informed un-coerced decision
- allow people to make their own decisions
non-maleficence, beneficence, justice
beneficence
- to do good, act for the benefit of others
non-maleficence
- to do no harm
justice
- fair and appropriate treatment of an individual in light of what is due or what is owed
types of consent
implied, spoken, written,
consent must be…
informed, voluntary, be given by a person legally competent to do so, encompass the act to be performed.
to be competent to give consent a person must
- be able to comprehend and retain information
- believe the information
- be able to weigh up information
- make a decision based on that ability
capacity to consent
- have the legal capacity
- be of sound mind and judgement
- they are within their rights to make decisions around their treatment
- MH issues / intilectual disability
- children <16 require parent consent (there are exceptions)
- Age - legal capacity is 18
requirements of consent
- valid
- freely and voluntarily given
- legal capacity to given consent
- fully informed
exemptions for consent
- does not have capacity
- emergency situation
- Advanced health directive
implied consent
nurse must explain what is going to happen even if it has been done many times before
admission to hospital is not implied consent for all treatment in hospital
what is a patient advocate?
A person chosen by a person to make medical descisions on their behalf when they are no longer competent
Who can be a patient advocate
medical agent
a medical power of attorney
enduring guardian - partner, child
substitutive judgement principle - legal power