Leadership Exam 2 Blueprint Flashcards
Ethics
system of principles that govern the actions of the nurse in relation to patients, families, other health care providers, policymakers, and society
Code of Ethics
Implicit standards and values for nursing
American Nurses Association Code of Ethics
International Council of Nurses Coder for Nurses
Bioethics
Interdisciplinary field within health care that addresses questions that arise as science and technology produce new ways of knowing
Dilemmas for health professionals examples
Life and death
Right to decide
Informed consent
Alternative tx issues
Stem cell research
Sexual reassignment
Therapeutic and reproductive cloning
In vitro fertilization; donor insemination
Surrogate motherhood
Organ transplantation
Dilemmas created by technology
Illnesses that once led to mortality are now manageable and are classified as chronic illnesses
Cost is a consequence of prolonging life with technology
Manipulation of DNA
Purpose of Ethical Principles
Establish consistent common ground for ethical discussions and decision making among all involved (nurse, patient, family, health care, society) on specific or related issues
Provides an analytical framework to evaluate moral problems
Autonomy
Principle of respect for the person: primary moral principle
People are free to form their own judgements and actions as long as they do not infringe on the autonomous actions of others
Concepts of freedom and informed consent are grounded in this principle
Beneficence
acting in the best interest of patients by promoting their well-being, preventing harm, and providing compassionate care.
Common bioethical conflict results from an imbalance bw the demands of beneficence and those of the health care delivery system
Nonmaleficence
Implies a duty not to inflict harm
removing harm to promote well being
Veracity
Principle of truth-telling to develop trust
Don’t withhold info bc you feel like it can cause harm or be uncomfortable
Justice
Nurses should treat all patients fairly and impartially, regardless of their background, race, gender, or social status
Fidelity
build trust by keeping promises, being reliable, and honoring commitments
Ethical Theory
a system of principles by which a person can determine what should and shouldnt be done
Utilitarianism
assumption that an action is right if it results in the greatest good or the least harm.
Strongest approach for bioethical decision making—Which action maximizes benefit and minimizes harm for all involved?
Deontology
Rooted in the assumption that human actions are guided by rational principles which compel people to do what is right.
Decisions should be made as if they could be universal laws
Purpose of Malpractice Insurance
to protect nurses from financial loss and legal consequences if they are accused of negligence or wrongdoing in their professional practice. It provides coverage for legal defense costs, settlements, and damages awarded in lawsuits related to patient care.
Reasons for Malpractice Insurance
More states recognize nurse malpractice claims.
RN and advanced practice roles are expanding.
Floating and cross-training mandates are increasing.
Nurses have more responsibility for supervising staff.
Some employers may fail to provide adequate defense for nurses.
Statutory Laws
Written laws that govern nursing practices and professional behavior, enacted by the federal or state legislature
Violations are criminal offenses and are punishable by fines or imprisonment
Licensing boards have the authority to hear and decide cases against nurses
Statutory Law: Penalties that may be imposed
formal reprimand
period of probation
fines
Limiting, suspending, or revoking the nurse’s license
Statutory Law: Emergency Medical Tx and Active Labor Law (EMTALA)
prohibits denying care to uninsured or poor patients in emergency departments
forbids transferring unstable patients, including women in labor, between facilities.
Applicable to nonemergency facilities (i.e. urgent care)
Statutory Law: Americans with Disabilities Act of 1990 (ADA):
ensures equal access and opportunities for individuals with disabilities by eliminating discriminatory barriers.
Statutory Law: Patient Self-Determination Act of 1990
requires healthcare providers to inform patients of their rights to make decisions about their care, including right to accept or refuse tx and advance directives for future medical preferences.
Statutory Law: Health Insurance Portability and Accountability Act of 1996 (HIPAA)
protects the privacy and security of health information, sets standards for handling personal data, and gives individuals control over their health records, including requesting corrections
Statutory Law: Patient Safety and Quality Improvement Act (PSQIA)
Promotes patient safety by encouraging error reporting without legal fear, offering federal protection for data shared with PSOs to foster a culture of safety and improvement.
Nurse/Patient ratio and mandatory overtime statues
California 1st to enact a law in Jan 1999 that mandates the establishment of minimum nurse/pt ratios in acute care facilities
Improved nurse/patient rations are associated w/ lower “failure-to-rescue” rates and lower inpatient mortality rates
Tort
A direct violation of a person’s legal rights
The plaintiff doesn’t need to prove a “special duty” or negligence, as it’s assumed nurses owe a duty of care; they only need to show the nurse’s actions fell below the standard of care.
Consequences include fines, punitive damages, or criminal acts
Torts include:
Assault and Battery
Defamation of character; libel/slander
False imprisonment; restraints
Intentional Infliction of emotional distress
Invasion of Privacy
Incident Reporting
The process of documenting and reporting any unusual events that occur during patient care, which may affect patient safety, quality of care, or the healthcare environment. This could include errors, accidents, injuries, near-misses, or adverse events.
Purpose of Incidence Reporting
helps prevent future occurrences and improves care quality.
uncovers patterns or systemic issues in care, equipment, or communication.
protects providers from liability by showing transparency and a commitment to improvement.
encourages open communication about mistakes without fear of punishment, fostering learning and safety.
Mandated reporting
Laws that mandate reporting of specific health problems and suspected or confirmed abuse
Most laws grant immunity from suit within the context of the mandatory reporting statue
Mandated circumstances that must be reported
Health Professionals must report the following under penalty of fine or imprisonment for failing to do so:
Infant and child abuse (Child Abuse Prevention and Treatment Act)
Dependent elder abuse
Specified communicable diseases
Ethical Decision Making: Answering Difficult Questions
What is safe care?
When staffing is inadequate, what care should be accepted or refused?
What does it mean to be ill or well?
What is the proper balance bw science/technology and the good of humans?
Where do we find balance when science will allow us to experiment with the basic origins of life?
What happens when tension exists bw personal beliefs and values and institutional policy or patient desires?
Ethical Decision-Making Model
- Situation assessment procedure
- Identify the ethical issues and problems
- Identify and analyze available alternatives for action
- Select one alternative
- Justify the selection
Situational Assessment Procedure: Usefulness & Application
Patient Provider Relationship
—Privacy, paternalism, fidelity. veracity
Encompassing questions for group (i.e. Institutional Ethics Committee)
—Provide ethics education, assistance with ethical policy development, and serve as consultative body to guide resolving ethical dilemmas
Policy making right and wrong choice that affect society
Daily practice of ethical decision-making
Bioethical Dilemmas
Dilemmas that involve choosing between confusing options in the delivery of healthcare due to unclear right or wrong answers.
Bioethical Dilemma: Life
abortion issue
When does life begin?
Reproduction issue: influenced by genetic screening, genetic engineering, and cloning
90% of the human genome identified in 2003 by Human genome Project
Bioethical Dilemma: Death
Quality of life and definition of death issues: w/ advances in health care, what is usual and what is heroic care has become unclear
Euthanasia and assisted suicide present new ethical questions
Bioethical Dilemma: Right to Healthcare
Health Care system more selective in the amount and type of tx offered as a result of managed care
Is each person entitled to the same health care package?
Does ability to pay affect a specific level of entitlement?
How ethical is gatekeeping in the new managed care system?
Access to health care and respect for human dignity are at the core of nursing practice
Bioethical Dilemma: Allocation of Scarce Resources
Should the recipient of scarce resources be selected on the basis of quality of life? Ability to pay? Best prognosis? First-come, first-served?
Moral development for a professional nurse
Moving toward moral maturity
The quality of healthcare decisions depends on the moral development of the nurse making them
Values essential for the professional nurse
altruism, autonomy, human dignity, social justice
Nurse value: Altruism
concern for the welfare of others
Nurse value: Autonomy
right to self-determination
Nurse value: Human Dignity
respect for inherent worth and uniqueness of individuals and populations
Nurse value: Social Justice
acting in accordance with fair tx regardless of background
Ethics acculturation
adopting the cultural norms and values of the healthcare environment they work in.
Values: Integrity, personal growth, practical wisdom, and effective problem solving
Rights of conscience:
the right to practice according to your ethical convictions (what you feel is right or wrong)
ex:debates over abortion and euthanasia, as part of civil rights in the U.S.
Ethical theory and ethical principles can provide a basis for
moving forward as a morally mature professional adult
Negligence
failure to act in a reasonable and prudent manner
Malpractice:
special type of negligence; the failure of a trained professional, to act in a reasonable and prudent manner
Elements essential to prove negligence or malpractice
A nurse owes a duty of care once a nurse-patient relationship is formed.
The nurse failed to meet that duty.
The patient experienced harm or damage.
The nurse’s actions directly caused the patient’s injury.
Most frequent allegations of nursing negligence
Failure to ensure patient safety.
Improper or negligent treatment
Failure to monitor and report key findings.
Medication errors.
Not following agency policies and procedures
Negligence and the doctrine of res ipsa loquitur
- Applies when the negligent act is obvious and within common knowledge to determine the standard of care—”the thing that speaks for itself.”
- An expert nurse witness is not needed to establish the standard of care.
- Example: Studies show about 5,000 foreign bodies (like instruments or sponges) are left inside patients after surgery each year.
Gross negligence
Reckless act that reflects a conscious disregard for the patient’s welfare
Court may award special damages meant to punish the nurse for the outrageous conduct; these are referred to as punitive damages