Legal And Ethical Flashcards
Autonomy
Right to determine our own destiny
Beneficence
Refers to ones duty to benefit of promote the good of others
Advocacy
Acting on another’s behalf
Non maleficence
Requirement of healthcare providers to do no harm to their patients either intentionally or unintentionally
Justice
Rights of individuals to be treated fairly regardless of race, gender, sexual orientation, marital status, or religious beliefs
Veracity
Refers to ones duty to always be truthful
All patients have the rights to:
The right treatment
The right to refuse treatment
The right to the least restrictive treatment alternative
Ethical dilemmas
Situations that require individuals to make a choice between two equally unfavorable alternatives
Taking no action is considered an action
Utilitarianism
An ethical theory that promotes action based on the end result that produces the most good for the most people
Kantianism
Opposite of utilitarianism. Suggests that decisions and actions are bound by a sense of duty
Devine and command ethics
Christian ethics
Do unto others as you would have them do unto you
Natural law theories
Do good and avoid evil. Human knowledge of the difference between good and evil directs decision-making
Ethical egoism
Decisions are based on what is best for the individual making the decision
Ethics
A branch of philosophy that deals with distinguishing right from wrong
Bioethics
Term applied to ethics when referring to concepts within the scope medicine, nursing, and allied health
Moral behavior
Conduct that results from serious critical thinking about how individuals should treat others
Values
Personal beliefs about what is important and desirable
Values clarification
A process of self-exploration by which people identify and rank their own personal values
Right
A valid, legally recognized claim or entitlement, encompassing both freedom from gov interference or discriminatory treatment and entitlement to a benefit or service
Absolute right
When there is no restriction whatsoever on the individuals entitlement
Legal right
A right that society has agreed upon and formalized into law
Statutory law
Law that has been enacted by a legislative body
Ex: nurse practice act which defines the legal parameters of professional and practical nursing
Common law
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
Civil law
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
Criminal law
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
HIPAA
Health insurance portability and accountability act
Confidentiality and right to privacy
Exceptions:
- a duty to warn (tarasoff)
- suspected child or elder abuse
Informed consent
Preserving a persons autonomy
Making sure they know all treatment plans and options, all risks, and more
Doctrine of privileged communication
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
Psych specific legal considerations
Restraints and seclusion: false imprisonment
Involuntary admissions
Negligence
Failure to exercise the care toward others that a reasonable or prudent person would do in the circumstances
Malpractice
Act or continuing conduct of a professional that does not meet the standard of competence and results in provable damages to the patient
Breach of confidentiality
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
Defamation of character (libel/slander)
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.
Invasion of privacy
Searching a client without probable cause
Assault
Results in genuine fear that he or she will be touched without consent
Battery
Unconsented touching of another person
False imprisonment
Holding a client against his or her wishes outside of an emergency situation
Avoiding liability
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
A model for making ethical decisions
Assessment
Problem identification
Planning
Implementation
Evaluation
