Legal and Ethical Aspects of Nursing

Question 1

what factors have led to changes in the health care system?

Answer 1

higher costs
growing consumer awareness
advances in technology and communication

Question 2

what are laws?

Answer 2

• prescribe proper behavior in society
• sanction acceptable behavior
• prohibit unacceptable behavior
• assigns fundamental legal duties
• provides protection for all members of healthcare system

Question 3

what are the two primary categories of law?

Answer 3

criminal

civil

Question 4

what are the penalties of criminal offenses?

Answer 4

• fines
• incarceration
• punishment and prevention

Question 5

previous rulings

Answer 5

precedent

Question 6

commission or omission of an act that a reasonably prudent person would have performed in similar situation, thus causing harm

Answer 6

negligence

Question 7

failure to meet a legal duty, thus causing harm

Answer 7

malpractice

Question 8

4 key elements of malpractice

Answer 8

• duty
• breach
• harm
• breach of duty proximate cause of harm

Question 9

4 options for establishing levels of responsibility

Answer 9

individual
manager-supervisor
-employer
insufficient supplies and equipment

Question 10

civil litigation

Answer 10

involves legal exchange between individuals

Question 11

process of civil litigation

Answer 11

filing claim
served summons
provide response
discovery
verdict

Question 12

what is the wrongful termination of providing patient care

Answer 12

abandonment of care

Question 13

what is the intentional threat of causing bodily harm

Answer 13

assault

Question 14

unlawful touching of another person without informed consent

Answer 14

battery

Question 15

legal presumption that a person is of age, and can make own decison

Answer 15

competency

Question 16

spoken or written statements made maliciously to insure subject’s reputation

Answer 16

defamation

Question 17

injury to a person or property

Answer 17

harm

Question 18

malicious untrue writing

Answer 18

libel

Question 19

type of civil law that involves wrongs against person or property

Answer 19

tort

Question 20

laws that formally define the limit and scope of nursing practice

Answer 20

nurse practice acts

Question 21

health care providers who maintain and transmit health care info must provide reasonable and appropriate administrative, technical, and physical safeguards on paitient’s health info

Answer 21

HIPPA

Health Insurance Portability and Accountability Act (1994)

Question 22

refers to full disclosure of the facts the patient needs to make an informed decision before any invasive procedure

Answer 22

doctrine of informed consent

Question 23

unlawful touching of a person, intent to harm not necessary

Answer 23

civil battery

Question 24

types of professional liability insurance

Answer 24

claims-made policy
occurrence basis policy
“tail” agreement
disciplinary defense insurance

Question 25

values that influence a person's behavior and individual's feelings and beliefs about what is right or wrong

Answer 25

ethics

Question 26

involves moral values and principles that affect personal and professional conduct

Answer 26

nursing ethics

Question 27

signed and witness documents that provide specific instructions of health care treatment is person is unable to make decisions personally at the time needed

Answer 27

advanced directives

Question 28

written doc that directs treatment in accordance to patient's wishes in the event of terminal illness or condition

Answer 28

living will

Question 29

designates an agent to make healthcare decisions

Answer 29

durable power of attorney

Question 30

personal beihelfe about the worth of an object, idea, custom, attitude

Answer 30

values

Question 31

process of self-evaluation that helps gain insight into personal values

Answer 31

value clarification

Question 32

situations that do not have a clear right or wrong

Answer 32

ethical dilemmas

Question 33

ethical principles in nursing practice

Answer 33

``` respect for people autonomy beneficence non-maleficence justice ```

Question 34

freedom of personal choice

Answer 34

autonomy

Question 35

doing or acting for someone's good

Answer 35

beneficence

Question 36

do no harm

Answer 36

non-maleficence