Legal and Ethical Flashcards
Autonomy
Independence: self-governance. An ethical principle that emphasizes the status of persons as autonomous moral agents whose right to determine their destinies should always be respected
Beneficence
An ethical principle that refers to ones duty to benefit or promote the good of others
Non-maleficence
The ethical principle that espouses abstaining from negative acts toward another, including acting carefully to avoid harm
Justice
An ethical principle reflecting that all individuals should be treated equally and fairly
Social Justice
Can be summarized as the principle that rules for both distribution and rules for retribution should be fair and people should play by the rules
Veracity
An ethical principle that refers to ones duty to always be truthful
3 rights in mental health
Right to treatment
Right to refuse treatment
Right to least restrictive treatment alternative
Patient self determination act
requires healthcare facilities to provide clear written information for every patient concerning his/her legal rights to make healthcare decisions, including the right to accept or refuse treatment (helps the patient)
Nurse practice acts
legal parameters of professional and practical nursing are defined within each state by the states nurse practice act (helps the nurses)
Statutory Law
A law that has been enacted by legislative bodies , such as a county or city council, state legislature, or the US Congress
Common Law
laws that are derived from decisions made in previous cases
Civil Law
Law that protects the private and property rights of individuals and businesses
Criminal Law
Law that provides protection from conduct deemed injurious to the public welfare. It provides for punishment of those found to have engaged in such conduct
Duty To Warn
A therapist or healthcare provider is required to warn an individual, notify police, or take whatever steps are necessary to protect the intended victim from harm
Suspected child or elder abuse
Every state requires healthcare professionals to report suspicion of child or elder abuse. In mental health patients the nurse has a responsibility to explore all patient perceptions of abuse or mistreatment and discuss these with other health-care team members to identify the most appropriate decision with consideration of all legal, ethical, and clinical factors
informed consent
Permission granted to a physician by a client to perform a therapeutic procedure, prior to which information about the procedure has been presented to the client with adequate time given for consideration about the pros and cons
false imprisonment
the deliberate and unauthorized confinement of a person within fixed limits by the use of threat or force. A nurse may be charged with false imprisonment by placing a patient in restraints against his or her will in a non-emergency situation
malpractice
the failure of one rendering professional services to exercise that degree of skill and learning commonly applied under all circumstances in the community by the average prudent reputable member of the profession, with the result of injury, loss, or damage to the recipient of those services or to those entitled to rely upon them
negligence
the failure to do something that a reasonable person, guided by those considerations that ordinarily regulate human affairs, would do or doing something that a prudent and reasonable person would not do
Libel
An action with which an individual may be charged for sharing with another individual , in writing, information that is detrimental to someone’s reputation
Slander
An action with which an individual may be charged for orally sharing information that is detrimental to a person’s reputation
Battery
The unconsented touching of another person. Nurses may be charged with battery should they participate in the treatment of a client without his or her consent and outside of an emergency situation
Anger VS Aggression
Predisposing Factors
A variety of elements that influence how an individual perceives and responds to a stressful event. Types of predisposing factors include genetic influences, past experiences, and existing conditions
Anger VS Aggresion
Risk Factors
Risk factors include past history of violence, client diagnosis, current behavior, substance abuse (the single most important risk factor for violence)
Prevention
Prevention is key in managing aggressive or violent behavior
Prodromal Syndrome
A syndrome of symptoms that often precede the onset of aggressive or violent behavior. These symptoms include anxiety and tension, verbal abuse and profanity, and increasing hyperactivity
Deescalation
De escalation techniques include calm voice, walk outdoors or fresh air, identify consequences, open hands and non threatening position, helpful attidude, distract with a more positive activity
