Legal And Ethical

Question 1

Autonomy

Answer 1

Right to determine our own destiny

Question 2

Beneficence

Answer 2

Refers to ones duty to benefit of promote the good of others

Question 3

Advocacy

Answer 3

Acting on another’s behalf

Question 4

Non maleficence

Answer 4

Requirement of healthcare providers to do no harm to their patients either intentionally or unintentionally

Question 5

Justice

Answer 5

Rights of individuals to be treated fairly regardless of race, gender, sexual orientation, marital status, or religious beliefs

Question 6

Veracity

Answer 6

Refers to ones duty to always be truthful

Question 7

All patients have the rights to:

Answer 7

The right treatment
The right to refuse treatment
The right to the least restrictive treatment alternative

Question 8

Ethical dilemmas

Answer 8

Situations that require individuals to make a choice between two equally unfavorable alternatives
Taking no action is considered an action

Question 9

Utilitarianism

Answer 9

An ethical theory that promotes action based on the end result that produces the most good for the most people

Question 10

Kantianism

Answer 10

Opposite of utilitarianism. Suggests that decisions and actions are bound by a sense of duty

Question 11

Devine and command ethics

Answer 11

Christian ethics
Do unto others as you would have them do unto you

Question 12

Natural law theories

Answer 12

Do good and avoid evil. Human knowledge of the difference between good and evil directs decision-making

Question 13

Ethical egoism

Answer 13

Decisions are based on what is best for the individual making the decision

Question 14

Ethics

Answer 14

A branch of philosophy that deals with distinguishing right from wrong

Question 15

Bioethics

Answer 15

Term applied to ethics when referring to concepts within the scope medicine, nursing, and allied health

Question 16

Moral behavior

Answer 16

Conduct that results from serious critical thinking about how individuals should treat others

Question 17

Values

Answer 17

Personal beliefs about what is important and desirable

Question 18

Values clarification

Answer 18

A process of self-exploration by which people identify and rank their own personal values

Question 19

Right

Answer 19

A valid, legally recognized claim or entitlement, encompassing both freedom from gov interference or discriminatory treatment and entitlement to a benefit or service

Question 20

Absolute right

Answer 20

When there is no restriction whatsoever on the individuals entitlement

Question 21

Legal right

Answer 21

A right that society has agreed upon and formalized into law

Question 22

Statutory law

Answer 22

Law that has been enacted by a legislative body
Ex: nurse practice act which defines the legal parameters of professional and practical nursing

Question 23

Common law

Answer 23

Derived from decisions made from previous cases
Differ from state to state
Ex: different states deal with a nurses refusal to provide care for a specific patient

Question 24

Civil law

Answer 24

Protects the private and property rights of individuals and business
Tort - violation of civil law in which an individual has been wronged
-unintentional tort: malpractice and negligent actions
- intentional tort:touching pt w/o consent

Question 25

Criminal law

Answer 25

Provides protection from conduct deemed injurious to the public welfare
Most common in nursing is failure to renew licenses
Theft of hospital supplies or drugs
More common nurses participating in assisted suicide

Question 26

HIPAA

Answer 26

Health insurance portability and accountability act
Confidentiality and right to privacy
Exceptions:
- a duty to warn (tarasoff)
- suspected child or elder abuse

Question 27

Informed consent

Answer 27

Preserving a persons autonomy
Making sure they know all treatment plans and options, all risks, and more

Question 28

Doctrine of privileged communication

Answer 28

Varies from state to state
Some EHRs will allow to mark a note to not release to patient
Even if not released to the patient, it can still be called upon as evidence and may require a nurse to testify

Question 29

Psych specific legal considerations

Answer 29

Restraints and seclusion: false imprisonment
Involuntary admissions

Question 30

Negligence

Answer 30

Failure to exercise the care toward others that a reasonable or prudent person would do in the circumstances

Question 31

Malpractice

Answer 31

Act or continuing conduct of a professional that does not meet the standard of competence and results in provable damages to the patient

Question 32

Breach of confidentiality

Answer 32

Revealing aspects about a clients case, or even for revealing that an individual has been hospitalized, if that person can show that making this information known resulted in harm

Question 33

Defamation of character (libel/slander)

Answer 33

If they share false or malicious information that is detrimental to the clients reputation. When this information is in writing it is referred to as Libel. When it is spoke, it is called slander.

Question 34

Invasion of privacy

Answer 34

Searching a client without probable cause

Question 35

Assault

Answer 35

Results in genuine fear that he or she will be touched without consent

Question 36

Battery

Answer 36

Unconsented touching of another person

Question 37

False imprisonment

Answer 37

Holding a client against his or her wishes outside of an emergency situation

Question 38

Avoiding liability

Answer 38

Effective communication
Accurate and complete documentation in the medical record
Complying with standards of care
Knowing the client
Practicing within the nurses level of competence and scope of practice

Question 39

A model for making ethical decisions

Answer 39

Assessment
Problem identification
Planning
Implementation
Evaluation