Legal And Ethical Aspects Flashcards
Bioethics definition
Term applied to these principles when they refer to concepts within scope of Medicine, nursing, and allied health
Ethics definition
Branch of philosophy dealing with values related to human rights, right and wrong, good and bad
Moral behavior definition
Conduct that results from serious critical thinking about how individuals should treat each other
Values definition
Personal beliefs about truth, beauty, or worth of a thought, object or behavior
Values classification
Process of self discovery by which people identify their personal values
Rights definition
That which an individual is entitles to have within limits of law
Absolute right definition
No restriction upon individuals entitlement
Legal right definition
Society has agreed and formalized into law
Utilitarianism
End justifies mean- nurses don’t use this
Kantianism
Decisions made because they’re right, not possible outcome. Don’t use this in hc
Christian ethics
Treat others as you want to be treated- nurses use this
Natural law
Do good and avoid evil- follow this
Ethical dilemmas
Two beliefs and neither are totally right nor wrong
Ethical principles
Fundamental guidelines that influence decision making
Autonomy
Respect persons right to determine destiny
Persons incapable of making choices
Children, comatose pts, seriously mentally ill
Beneficence
Duty to benefit or promote the good of others
Nonmalficence
Do no harm to patients
Justice
Fairness
Veracity
Duty to be truthful
Model for ethical decisions
Assessments, problem, plan, implementation, evaluation
Ethical issues in mental health nursing
Right to refuse treatment- violence is an exception
Right to least restrictive treatment
Laws to remember
Mental health systems act, patients bill of right, nurse practice act
Statutory law
Those enacted by legislative body
Common law
Decisions of previous care
Civil law
Protects private property
Tort
Person is wronged
Unintentional- negligence or malpractice
Intentional- treat without client consent
Criminal law
Assault, battery, stealing
Confidentiality and right to privacy
Only those caring for patient should access info
Doctrine of privileged communication
Applies to psychiatrist and attorney, they can’t talk about what pt says in court of law
Informed consent
People have right to refuse treatment except when mentally incompetent
When a pts refusal can be challenged
Mentally incompetent, emergency, when refusal may effect others safety, when pt is a child
Restraints can never be used as
Punishment
Voluntary commitment
May sign out every time unless harmful to self or others; 201
Involuntary commitment
In emergency or unable to care for their own needs; 302
Emergency commitment justifications
Pt exhibits danger to self or others, time is limited
Negligence
Action is contrasted with what a reasonable professional would have done
Malpractice
Action of nurse weighed against professional standard
Lawsuit- defamation of character
When info shared is detrimental to pts reputation
Liable is in
Writing
Slander is
Oral
Invasion of privacy lawsuit
When pt is searched without probable cause
Assault
An act that results in persons fear of being touched without consent
Battery
Unconsented touching against persons will
False imprisionment
Holding against their will
5 ways to avoid liability
Practice within scope Observe policy manual Meet practice standards Always put pts health first Develop a good relationship
