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Management Exam 1 > Lecture 5 Ethical and legal issues > Flashcards

Lecture 5 Ethical and legal issues Flashcards

1
Q

Ethics

A
  1. Rules of conduct recognized in respect to a particular culture or group.
  2. Origin: Social system - external.
  3. What society says is right/wrong.
  4. Tend to be consistent.
  5. Are governed by professional and legal guidelines in time and place.
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2
Q

Morals

A
  1. Principles and habits with respect to right or wrong conduct; personal compass.
  2. Origin: Individual - internal.
  3. What we believe is right/wrong.
  4. Usually consistent, but can change individual beliefs.
  5. Morality transcends cultural norms; extension of your values.
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3
Q

Autonomy

A
  1. Ethical principle that suggests that each individual should have freedom of choice and be able to accept the responsibility for that choice.
  2. People have a right to self-determination and independence.
  3. Limitations: Situations of child/elder abuse and neglect, or if an individual’s autonomy interferes with others’ rights, health, or well-being.
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4
Q

Beneficence

A
  1. Ethical principle that suggests that the actions one takes should be done in an effort to promote good.
  2. Requires competence and the ability to treat clients in a holistic manner, including beliefs, feelings, and wishes.
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5
Q

Nonmaleficence

A
  1. Ethical principle stating that if one cannot do good, then one should at least do no harm (intentionally or unintentionally).
  2. Protecting those who cannot protect themselves.
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6
Q

Paternalism

A
  1. Ethical principle that suggests that one person assumes the authority to make a decision for another; typically justified only to prevent a person from coming to harm.
  2. When used appropriately, paternalism helps a person fully understand plans by providing more data; when used negatively, it violates the principle of autonomy.
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7
Q

Utility

A

Ethical principle stating that what is best for the common good outweighs what is best for the individual.

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8
Q

Justice

A
  1. Ethical principle stating that all equals should be treated equally and unequals should be treated according to their differences (i.e., fairness).
  2. Also applies to the fair allocation of scarce resources.
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9
Q

Veracity

A
  1. Ethical principle related to the need for truth telling or the acceptability of deception; untruthfulness undermines trust.
  2. A manager who believes that deception is morally acceptable if it is done with the objective of beneficence may tell all rejected job applicants that they were highly considered whether they had been or not.
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10
Q

Fidelity

A
  1. Ethical principle that suggests that individuals should be faithful to their commitments and promises.
  2. Keeping promises is the foundation of trust, and is crucial to the concept of accountability.
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11
Q

Confidentiality

A

Ethical principle that holds that there is an obligation to observe the privacy of another and to hold certain information in strict confidence.

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12
Q

Nurses are often expected to be _ for patients, physicians, and the organization simultaneously.

A

Agents.

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13
Q

Moral uncertainty

A

Conflict that occurs when one is unsure what moral principles or values apply in an ethical conflict, or even if there is an ethical or moral problem.

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14
Q

Moral conflict

A

When the duties and obligations of health care providers or guiding ethical principles are unclear.

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15
Q

Moral distress

A

Conflict that occurs when one knows the right thing to do, but institutional or other constraints make it difficult to pursue the desired course of action.

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16
Q

Moral outrage

A

When an individual witnesses the immoral act of another but feels powerless to stop it.

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17
Q

Ethical dilemma

A

Situation in which one must choose between two or more undesirable alternatives.

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18
Q

3 characteristics of an ethical dilemma (Curtin, 1982)

A
  1. The problem cannot be solved using only empirical data.
  2. The problem is so perplexing that it is difficult to decide what facts and data are needed to be used in making the decision.
  3. The results of the problem can have far-reaching effects.
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19
Q

Deontological theories

A

Beliefs of ethical decision making that arise from the intent of the action that the decision maker takes; includes duty-based, rights-based, and intuitionist ethical reasoning.

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20
Q

Teleologic theories

A

Beliefs of ethical decision making that support decisions that favor the common good (utilitarian).

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21
Q

Situational theories

A

Form of ethical decision making in which there are no prescribed rules, norms, or majority-focused results that must be followed.

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22
Q

Four of the most commonly used ethical frameworks for decision making are _

A
  1. Utilitarianism.
  2. Duty-based reasoning.
  3. Rights-based reasoning.
  4. Intuitionism.
    (These frameworks do not solve the ethical problem, but assist individuals to clarify their values and beliefs.)
23
Q

Informed consent is related to the ethical principle of _

A

Autonomy.

24
Q

Utilitarianism

A

Ethical framework in which an individual makes decisions based on what provides the greatest good for the greatest number of people.

25
Q

Duty-based reasoning

A

Ethical framework in which decisions are made because an obligation exists to do something or to refrain from doing something.

26
Q

Rights-based reasoning

A

Ethical framework in which decisions are made based on the belief that some things are a person’s just due, basic claim, or entitlement, with which there should be no interference.

27
Q

Intuitionism

A

Ethical framework that allows the decision maker to review each ethical problem or issue on a case-by-case basis, primarily using intuition to compare the relative weights of goals, duties, and rights.

28
Q

The MORAL decision-making model (Crisham, 1985)

A 
M = Massage the dilemma: Collect data about the ethical problem and who should be involved in the decision-making process.
O = Outline options: Identify alternatives, and analyze causes and consequences of each.
R = Review criteria and resolve: Weigh the options against the values of those involved in the decision. This may be done through a weighting or grid.
A = Affirm position and act: Develop the implementation strategy.
L = Look back: Evaluate the decision making.
29
Q

An important leadership responsibility in creating an ethical work environment is _

A

Role-modeling ethical behavior.

30
Q

The primary purpose of law and legislation is to _

A

Protect the patient and the nurse.

31
Q

Criminal case

A

Legal situation in which a person faces charges generally filed by the state or federal attorney general for crimes committed against an individual or society.

32
Q

Civil case

A

Legal situation in which one individual sues another monetarily to compensate for a perceived loss.

33
Q

Administrative cases

A

Legal situations in which an individual is sued by a state or federal governmental agency assigned the responsibility of implementing governmental programs.

34
Q

Ordinary negligence

A

Failing to do something that a reasonable person, guided by the considerations that ordinarily regulate human affairs, would do; or doing something that a reasonable and prudent person would not do.

35
Q

Malpractice (professional negligence)

A
  1. Failure of a person with professional training to act in a reasonable and prudent manner.
  2. “Reasonable and prudent care” = determined by the testimony of expert nursing witnesses.
36
Q

Standard of care

A
  1. The skills and learning commonly possessed by members of a profession, as determined by professional organizations; generally the minimal requirements that define an acceptable level of care.
  2. Conduct of a reasonably prudent nurse in similar circumstances; may vary by region.
37
Q

Elements of malpractice

A
  1. Standard of care is in place (duty).
  2. Failure to meet the standard of care (breach of duty).
  3. Foreseeability of harm must exist.
  4. Provable correlation between breach of duty and harm.
  5. Actual patient injury must occur.
38
Q

Stare decisis

A

Legal doctrine meaning “to let the decision stand”; uses precedent as a guide for decision making.

39
Q

Respondeat superior (vicarious liability)

A

Legal concept meaning “the master is responsible for the acts of his servants”; indicates that an employer should be held legally liable for the conduct of employees whose actions he or she has a right to direct or control.

40
Q

Res ipsa loquitur

A

“The thing speaks for itself” - harm is obviously the result of negligence.

41
Q

Product liability

A

Legal concept in which a provider is held responsible for injury caused by malfunctioning equipment, especially if he or she had prior knowledge of the equipment’s defect.

42
Q

Assault

A

Conduct that makes a person fearful and produces a reasonable apprehension of harm.

43
Q

Battery

A

Intentional and wrongful physical contact with a person that entails an injury or offensive touching.

44
Q

False imprisonment

A

Unlawful confinement within fixed boundaries, or restraint of movement, produced by physical, emotional, or chemical means.

45
Q

Defamation of character

A

Communicating to a third party false information that injures a person’s reputation, causes economic damage, diminishes the esteem, respect, goodwill, or confidence that others have for the person, or causes adverse, derogatory, or unpleasant opinions of him or her.

46
Q

Informed consent

A

Signature of a patient on a consent form for a surgery or other procedure indicating that he or she has received full disclosure of all pertinent information regarding the surgery or procedure, and that he or she understands all potential benefits and risks associated with the procedure.

47
Q

Implied consent

A

Used in an emergency situation when it is impossible to gain informed consent; consists of the physician stating in the medical record that the patient is unable to provide signed consent but that treatment is immediately needed and is in the patient’s best interest.

48
Q

Express consent

A

Witnessing a written consent; role of the nurse in express consent is to be sure that the patient has informed consent and to seek remedy if he or she does not.

49
Q

Patient Self-Determination Act (PSDA) (1991)

A

Federal law requiring health care organizations that receive federal funding to provide education for staff and patients on issues concerning treatment and end-of-life issues - living wills.

50
Q

Health Insurance Portability and Accountability Act (HIPAA) (1996)

A

Federal law protecting the privacy of health information; also improves the portability and continuity of health insurance coverage.

51
Q

Good samaritan immunity

A

General legal concept that a nurse is not liable for injury that occurs as a result of emergency treatment when care is provided at the scene of the emergency which is not grossly negligent.

52
Q

The ANA Code of Ethics is a(n) _ document and state nurse practice acts are _ documents.

A

Ethical; legal.

53
Q

A resolution to an ethical dilemma should be evaluated by _

A

Both the outcome and the process used to make the decision.

Management Exam 1 (8 decks)

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