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Nursing PN 050 > Legal and Ethical Aspects of Nursing > Flashcards

Legal and Ethical Aspects of Nursing Flashcards

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1
Q

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

A

higher costs
growing consumer awareness
advances in technology and communication

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2
Q

what are laws?

A
  • prescribe proper behavior in society
  • sanction acceptable behavior
  • prohibit unacceptable behavior
  • assigns fundamental legal duties
  • provides protection for all members of healthcare system
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3
Q

what are the two primary categories of law?

A

criminal

civil

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4
Q

what are the penalties of criminal offenses?

A
  • fines
  • incarceration
  • punishment and prevention
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5
Q

previous rulings

A

precedent

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6
Q

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

A

negligence

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7
Q

failure to meet a legal duty, thus causing harm

A

malpractice

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8
Q

4 key elements of malpractice

A
  • duty
  • breach
  • harm
  • breach of duty proximate cause of harm
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9
Q

4 options for establishing levels of responsibility

A

individual
manager-supervisor
-employer
insufficient supplies and equipment

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10
Q

civil litigation

A

involves legal exchange between individuals

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11
Q

process of civil litigation

A 
filing claim
served summons
provide response
discovery
verdict
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12
Q

what is the wrongful termination of providing patient care

A

abandonment of care

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13
Q

what is the intentional threat of causing bodily harm

A

assault

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14
Q

unlawful touching of another person without informed consent

A

battery

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15
Q

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

A

competency

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16
Q

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

A

defamation

17
Q

injury to a person or property

A

harm

18
Q

malicious untrue writing

A

libel

19
Q

type of civil law that involves wrongs against person or property

A

tort

20
Q

laws that formally define the limit and scope of nursing practice

A

nurse practice acts

21
Q

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

A

HIPPA

Health Insurance Portability and Accountability Act (1994)

22
Q

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

A

doctrine of informed consent

23
Q

unlawful touching of a person, intent to harm not necessary

A

civil battery

24
Q

types of professional liability insurance

A

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

25
Q

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

A

ethics

26
Q

involves moral values and principles that affect personal and professional conduct

A

nursing ethics

27
Q

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

A

advanced directives

28
Q

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

A

living will

29
Q

designates an agent to make healthcare decisions

A

durable power of attorney

30
Q

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

A

values

31
Q

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

A

value clarification

32
Q

situations that do not have a clear right or wrong

A

ethical dilemmas

33
Q

ethical principles in nursing practice

A 
respect for people
autonomy
beneficence
non-maleficence
justice
34
Q

freedom of personal choice

A

autonomy

35
Q

doing or acting for someone’s good

A

beneficence

36
Q

do no harm

A

non-maleficence

Nursing PN 050 (2 decks)

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