legal and ethical guidelines for safe practice Flashcards
five principles of bioethics
beneficence autonomy justice fidelity veracity
beneficence
The duty to promote good
autonomy
: Respecting the rights of others to make their own decisions
justice
Distribute resources or care equally
Fidelity (nonmaleficence)
Maintaining loyalty and commitment; doing no wrong to a patient
Veracity
One’s duty to always communicate truthfully
admission procedures
- Informal admission—sought by patient
- Voluntary admission—sought by patient or guardian
- Involuntary commitment
who is a involuntary commitment
- Mentally ill
- Danger to self or others
- Unable to acquire basic necessities
what is and who is an Emergency commitment (temporary admission)
how long
PEC: dcotor sign pt. needs to be seen
- Person confused or demented; emergency admission
- Used for observation, diagnosis and treatment
- Generally for 24 to 96 hours
- Court hearing before discharge or next admission
assisted outpatient treatment
ct and ma not included
- court ordered
due process in involuntary commitment (DNTK)
Writ of habeas corpus- a “formal written order” to “Free the person.”
Least restrictive alternative doctrine- mandates that care providers must take the least drastic action to achieve a specific purpose
don’t need to know
discharge procedures (DNTK)
- Conditional release- requires outpatient treatment for a specified period to determine if the patient follows the medication regimen, can meet basic needs, and is able to reintegrate into the community
- Unconditional release- the termination of a patient-institution relationship
- Release against medical advice (AMA)
pt. right under law
Right to treatment
Right to refuse treatment
Right to informed consent
right to informed consent
- Indicates that the patient has been provided with basic understanding of risks, benefits, and alternatives
- Person must voluntarily accept treatment
- To be effective legally, it must be informed and in general a physician or advanced practice provider must obtain the consent.
patients right under law
- Rights regarding involuntary commitment and psychiatric advance directives
- Rights regarding restraint and seclusion
- Right to confidentiality
- adults: 4hr window with restraints
- age 9-17: 2 hr
- under 9: 1 hr
patient confidentiality (DKTK)
Legal considerations
- Health Insurance Portability and Accountability Act (HIPAA)
- Confidentiality after death
- Confidentiality of professional communications
confidentiality exception to the rule
Duty to warn and protect third parties
Child and elder abuse reporting statutes
tort
a civil wrong for which money damages may be collected by the injured party (plaintiff) from the responsible party (the defendant)
intentional tort
assult battery false imprisonment invasion of privacy defamation of character (slander or libel)
assault
intentional threat designed to make another person fearful that you will cause them harm
battery
the actual harmful or offensive touching of another person
false imprisonment
occurs when a person is confined in a limited area or within an institution
invasion of privacy
Breaking a person’s confidence or taking photographs without explicit permission
defamation of character
occurs when a provider makes a false statement that causes some degree of harm
negligence
the failure to use ordinary care in any professional or personal situation when you have a duty to do so
standards of nursing care
State Boards of Nursing
Professional Organizations
Institutional Policies and Procedures
Custom as a Standard of Care
advoiding liability
Respond to patient: address their need Educate patient: side effects of meds Comply with the standard of care Supervise care Adhere to the nursing process Document carefully Follow up and evaluate: did med work Maintain a good interpersonal relationship with patient and family
