Legal and Ethical Issues in Nursing (Exam 2) Flashcards

1
Q

system of principles that govern the actions of the nurse in relation to pts, families, other HCP, policymakers, and society.

A

nursing ethics

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

implicit standards and values for the profession. American nurses association code of ethics. International council of nurses code for nurses.

A

code of ethics

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Dilemmas that pose a choice between perplexing alternatives in the delivery of HC bc of the lack of a clear sense of right or wrong. Interdisciplinary field within HC that has evolved with modern meds to address questions that arise as science and technology produce new ways of knowing. HCP, nurses, social workers, psychiatrists, clergy, philosophers, and theologians are joining to address ethical questions in HC.

A

bioethics

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what are dilemmas for HC professionals?

A

Life and death
Right to decide
Informed consent
Alternative treatment issues
Stem cell research
Sexual reassignment
Therapeutic and reproductive cloning
In vitro fertilization; donor insemination
Surrogate motherhood
Organ transplant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what are dilemmas created by technology?

A

Illnesses that once led to mortality are now manageable and are classified as chronic illness. Cost is a consequence of prolonging life with technology. Manipulation of DNA.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what are bioethical dilemmas related to death?

A

quality of life and definition of death issues; with advances in HC, what is usual and what is heroic care has become unclear. Euthanasia and assisted suicide presents new ethical questions. Nurses in every setting must be prepared to considered end of life ?’s.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what are bioethical dilemmas related to right to HC?

A

HC system more selective in the amount and type of treatment offered bc of managed care. Is each person entitled to the same HC packages? Does ability to pay affect specific level of entitlement? How ethical is gatekeeping in the new managed care system? Access of HC and respect for human dignity are at the core of nursing practice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what are bioethical dilemmas related to allocation of scarce resources?

A

should the recipient of scarce resources be selected based on quality of life? Ability to pay? Best prognosis? 1st come 1st served? Nurses should be prepared to consider ?’s regarding allocation of scarce resources.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

a system of principles by which a person can determine what ought and ought not to be done.

A

ethical theory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

rooted in the assumption that an action or practice is right if it leads to the greatest possible balance of good consequences, or to the fewest possible bad consequences. Strongest approach for bioethical decision making — which action will lead to the greatest ratio of benefit to harm for all people involved?

A

utilitarianism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

rooted in the assumption that humans are rational and act out the principles that are consistent and objective, and compel them to do what is right. A decision is right only if it conforms to an overriding moral duty and wrong only if it violates that moral duty. All decisions are made in such a way that the decision could become universal law.

A

deontology

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what are the ethical principles?

A

autonomy
beneficence
nonmaleficence
veracity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

principle of respect for the person: primary moral principle. Unconditional intrinsic value for all ppl. Ppl are free to form their own judgements and actions as long as they do not infringe on the autonomous actions of others. Concepts of freedom and informed consent are grounded in this principle.

A

autonomy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

to promote goodness, kindness, and charity. To abstain from injuring others and to help others further their own well-being by removing harm; risks of harm must be weighed against possible benefits. Common bioethical conflict results from an imbalance between the demands of beneficence and those of the HC system.

A

beneficence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

implies a duty not to inflict harm. To abstain from injuring others. To help others further their own well-being by removing harm.

A

nonmaleficence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

principle of truth telling. Belief that truth could at times be harmful held for many years. Consumers expect accurate and precise info revealed in an honest and respected manner. To develop trust between HCP and pts, truthful interaction and meaningful communication must occur. Challenge is to mesh need for truthful communication with the need to protect.

A

veracity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what is malpractice insurance?

A

more states recognize nurse malpractice as a legit claim in a civil suit. Functions for RNs and AP nurses are expanding. Increase floating and cross-train mandates. Nurses have increasing responsibility for supervising subordinate staff. Some employers may fail to initiate an adequate defense for nurses.

18
Q

violations are criminal offenses and are punishable by fines or imprisonment.

A

statutory laws

19
Q

prohibits refusal of care for indigent and uninsured pts seeking medical assistance in ED. Prohibits transfer of unstable pts, including women in active labor, from one facility to another. Applicable to non-emergency facilities (i.e. urgent care clinics).

A

Emergency Medical Treatment and Active Labor Law (EMTALA)

20
Q

prohibits discrimination against persons with disabilities by removing barriers that might prevent the same opportunities available to persons w/o disabilities.

A

Americans with Disabilities Act of 1990 (ADA)

21
Q

heath insurance probability and accountability act of 1996 (HIPPA). The pt safety and quality improvement act.

A

Pt Self-determination Act of 1990

22
Q

nurse practice act and board of nursing rules and regulation. Define scope and limitations of nursing practice. Vary from state to state, but include common elements, each nurse should own a copy and should understand the content.

A

state statutes

23
Q

what are violations of the nurse practice act or rules and regulations?

A

licensing boards have the authority to hear and decide cases against nurses. Penalties that may be imposed:
-Issuing a formal reprimand
-Est. a period of probation
-Levying fines
-Limiting, suspending, or revoking the nurses license

24
Q

what are reporting statutes?

A

child abuse prevention and treatment act and reporting statutes: laws mandating reporting of specific health problems and suspected or confirmed abuse. Health professionals must report the following under penalty or fine or imprisonment for failing to do so (infant and child abuse, dependent elder abuse, and specified communicable disease). Most laws grant immunity from suit within the contact of the mandatory reporting statutes.

25
Q

what are institutional licensing laws?

A

all facilities that provide HC services must comply with licensing laws. Generally contained within the law are:
-Minimum standards for maintenance of the physical plant
-Basic operational aspects for major departments—nursing, dietary, clinical labs, and pharm
-Essential aspects of pt rights and informed consent process
-Copies of licensing laws can be obtained from the states health department

26
Q

what are ?’s associated with ethical decision making?

A

What is safe care?
When staffing is inadequate, what care should be accepted or refuses?
What does it mean to be ill or well?
What is the proper balance between science/technology and the good of humans?
Where do we find balance when science will allow his to experiment with the basic origins of life?
What happens when tensions exists between personal; beliefs and values and institutional policy or pt desires?

27
Q

what is moral development for a RN?

A

forming a worldwide and value system through an evolving, continuous, dynamic process that moves along a continuum of development.

28
Q

what are values essential for the RN?

A

altruism
autonomy (right to self-determination)
human dignity
social justice

29
Q

concerns for the welfare of others

A

altruism

30
Q

respect for inherent worth and uniqueness of ppl and populations

A

human dignity

31
Q

acting in accordance with fair treatment regardless of economic status, race, ethnicity, age, citizenship, disability, or sexual orientation

A

social justice

32
Q

failure to act in a reasonable and prudent manner.

A

negligence

33
Q

special type of negligence; that is the failure of a professional, a person that specialized education and training, to act in a reasonable and prudent manner.

A

malpractice

34
Q

what are elements essential to prove negligence or malpractice?

A

Nurse owned pt a special duty of care based on the EST. of a nurse-pt relationship

Nurse breached duty to the pt or client

The pt suffered actual harm or damage

Proximate cause of a causal connection has been EST. between the standard of care provided by the nurse and the pt injury.

35
Q

what are most frequent allegations of nursing negligence?

A

Failure to ensure pt safety

Improper treatment or negligent performance of treatment

Failure to monitor pt and report significant findings

Med errors

Failure to follow agency policies and procedures

36
Q

what is negligence and the doctrine of res ipsa loquitur?

A

Applies when the negligent act clearly lies within the range of a jury’s common knowledge and experience to determine the standard of care “the thing that speaks for itself”

Expert nurse witness not required to help EST. the standard of care

Ex: studies confirm that approximately 5000 foreign bodies annually (instruments, needles, surgical sponges) are inadvertently left in the pt after surgery.

37
Q

reckless act that reflects a conscious disregard for the pts welfare. Court may award special damages meant to punish the nurse for the outrageous conduct; these are referred to as punitive damages.

A

gross negligence

38
Q

what is criminal negligence?

A

constitutes a crime — the act is deemed so reckless that it results in serious injury or death to the pt. Consequences in addition to criminal charges:
-Loss of job and livelihood
-Suspension or revocation of license
-Out of pocket fines levied by the nursing board
-Significant attorneys fees
-Malpractice insurance may not cover costs in all cases
-Conservative EST. suggest that as many as 98,000 pts die each yer as a result of negligence and malpractice of HCP.

39
Q

what are defenses against claims of negligence?

A

In no case may a nurse use the defense “following HCP orders”

Emergency situations: nursing care rendered in a life-threatening emergency may breach the standard of care required under normal circumstances

Governmental immunity: HC workers employed in federal, or state facilities are shielded from personal responsibility for damages in malpractice cases

Good Samaritan immunity: limits nurses liability or shields the nurse from malpractice for rendering emergency assistance outside the employment setting

ANA code of ethics and American medical association’s code of medical ethics: the central role of nurses is to prevent pt harm

40
Q

what are statutes of limitation in malpractice cases?

A

EST. time limits within which a person may initiate a lawsuit. Time limits vary depending on state laws and a variety of case circumstances.

41
Q

as a matter of the civil rights afforded to all members of the US society, HC professionals have been afforded rights of conscience to practice their own convictions about what is right and ethical care. These have been brought in to focus primarily over the debate on abortion and euthanasia.

A

right of conscience