Legal and Ethical Issues Related to the Profession of Nursing - Lecture 2

Question 1

Study of conduct and character

Answer 1

Ethics

Question 2

Values and beliefs that guide decision making

Answer 2

Morals

Question 3

Lasting beliefs or attitudes about the worth of someone, something, or an object and typically drives ones actions

Answer 3

Values

Question 4

Are opinions that are thought to be true and may be judged as incorrect or correct

Answer 4

Beliefs

Question 5

Feelings toward an object, person or idea

Answer 5

Attitude

Question 6

What are the four sources of Law?

Answer 6

Constitutional Law
Statutory Law
Administrative Law
Common Law

Question 7

What two sources of Law are we more focused on as it pertains to nursing?

Answer 7

Statutory Law and Administrative Law

Question 8

The supreme law of the country

Answer 8

Constitutional Law

Question 9

A law enforced by any legislative body; it defines and regulates nursing laws

Answer 9

Statutory Law

Question 10

Delegates, interprets, implements, and enforces laws that are set by state legislation. ex. nurse state practice laws

Answer 10

Administrative Law

Question 11

Court decisions that resolve disputes between two parties from previously decided cases. The body of law that evolves from court decisions

Answer 11

Common Law

Question 12

Standards of what is right or wrong

Answer 12

Ethical Principles

Question 13

The state of being independent and self-directed, without outside control, to make one’s own decision

Answer 13

Autonomy / Self Determination

Question 14

Fairness

Answer 14

Justice

Question 15

The moral obligation to do good or to implement actions that benefit clients and their support people. The action of helping and doing good for others.

Answer 15

Beneficence

Question 16

A moral principle that holds that one should tell the truth and not lie

Answer 16

Veracity

Question 17

A moral principle that obligates the individual to be faithful to agreements

Answer 17

Fidelity

Question 18

A standard of care that is expected in the specific situation but the nurse did not observe; failure to act reasonable; failed or deviated from the standard of care

Answer 18

Breach of Duty

Question 19

The duty to do no harm or infliction the least harm possible to reach a beneficial outcome.

Answer 19

Nonmaleficence

Question 20

Acting in the best interest of the patient, and do so by being;
assertive
protective
supporting informed decisions
recognizing the rights and values of the patient and the family takes precedence.

Answer 20

Patient Advocate

Question 21

Consent that is assumed in an emergency when consent can not be obtained from a client or a relative.

Answer 21

Implied Consent

Question 22

A formal statement of a group’s ideals and values; a set of ethical principles shared by members of a group, reflecting their moral judgements and serving as a standard for professional actions.

Answer 22

Code of Ethics

Question 23

The quality or state of being legally responsible for one’s obligations and actions and to make financial restitution for wrongful acts.

Answer 23

Liability

Question 24

A legal term meaning “let the master answer”: an employer assumes responsibility for its employees

Answer 24

Respondeat Superior

Question 25

Can only be delegated tasks that they are trained to perform

Answer 25

Unlicensed Assistive Personnel

Question 26

The process of determining and maintaining competence in practice, includes licensure, registration, and certification

Answer 26

Credentialing

Question 27

Concern for others

Answer 27

Altruism

Question 28

the nurse must have (or should have) a relationship with the client that involves providing care and following an acceptable standard of care

Answer 28

Duty

Question 29

A civil wrong committed against a person or a peron’s property

Answer 29

Tort

Question 30

Intentionally doing wrong against a person and their property. examples are assault, battery, fraud, false imprisonment

Answer 30

Intentional Tort

Question 31

French for a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.

Answer 31

Quasi-Intentional Tort

Question 32

A fact that must be proven that the harm occurred as a direct result of the nurse’s failure to follow the standard of care and the nurse could have known that the failure to follow would result in harm

Answer 32

Causation (proximate cause)

Question 33

Protects the Client ; has two part internal and external

Answer 33

Standard of Care

Question 34

A variety of legal and lay documents that allow individuals to specify aspects of care they wish to receive should they become unable to communicate

Answer 34

Advanced Directives

Question 35

A document that states medical treatments the client chooses to omit or refuse in the event that the client is unable to make the decisions.

Answer 35

Living Will

Question 36

Document that identifies a person who is the health care power of attorney to make decisions for someone is who is unable to do it themselves

Answer 36

Health Care Proxy

Question 37

Identifies and enforces regulations, exposure to hazards, and specific standards

Answer 37

OSHA (occupational safety and health act)

Question 38

Identifying information about a patient; social security number, name, address, phone number, website address, fingerprints

Answer 38

HIPAA (Health Insurance Probability and accountability ACt 1996)

Question 39

A role of the nurse in which he/she identifies and assesses causes of violence against others’ and in every case the situation must be reported.

Answer 39

Mandatory Reporting

Question 40

the ability and willingness to assume responsibility for one’s actions and to accept the consequences of one’s behavior

Answer 40

Accountability

Question 41

The specific accountability or liability associated with the performance of duties of a particular role.

Answer 41

Responsibility

Question 42

the use of some form of substantiation in making clinical decisions

Answer 42

Evidence - Based Practice

Question 43

What are the 3 roles of a nurse when getting consent form signed by a client?

Answer 43

1. Patient’s consent was voluntary
2. signatures’ authentic (the person is who they say thy are)
3. Patient appears competent to give consent

Question 44

Why should a nurse have liability insurance?

Answer 44

to protect oneself in case of any legal action being taken against them, as a nurse

Question 45

a type of tort that is defined as being a threat ; intentionally threatening to harm a patient unjustifiably or in an offense manner.

Answer 45

Assault

Question 46

a type of tort that is defined as intentionally touching a patients body, clothing, or anything attached to the patient without consent in a rough manner; unauthorized touching

Answer 46

Battery

Question 47

a type of tort in which false derogatory critical or disrespectful attitude information is stated orally.

Answer 47

Slander

Question 48

a type of tort in which false derogatory critical or disrespectful attitude information is stated in writing.

Answer 48

Libel

Question 49

A type of tort disclosing confidential information about a patient to an inappropriate person

Answer 49

Invasion of Privacy

Question 50

A type of tort that one is intentionally preventing movement or restraining a patient without consent or the authority to do so

Answer 50

False Imprisonment

Question 51

a type of tort that one engages in purposeful misrepresentation or reckless disregard of the truth to produce unlawful gain.

Answer 51

Fraud

Question 52

An incident report is the occurrence of any event

Answer 52

that is considered an accident or unusal occurence

Question 53

Who should complete an incident report and what steps should be taken after an incident has occurred?

Answer 53

A nurse should complete it

1. assess the patient
2. call the health care provider
3. only state facts
4. include patient quotes, list witnesses, clearly identify equipment and medication
5. Don’t clean computerized equipment

Question 54

The primary concern of the nurse after an incident has occurred must be

Answer 54

To make all the FACTS available to agency personnel, to contribute to statistical data about accidents or incidents and to help health personnel prevent future incidents or accidents.

Question 55

What should the nurse do when staffing is inadequate

Answer 55

A nurse can not walk out when staffing is inadequate (abandonment). Prioritize assignments and delegate to family and UAP wisely things that they can help with. Be a team player and be positive. You are obligated to report the situation to administration and in the instance of chronic understanding you can report the situation to the NC Board or Nursing.

Question 56

What should a nurse do when she is required to float to an unfamiliar area of the hospital?

Answer 56

Legally you can not refuse to float, but you do not assume responsibilities beyond your level of experience or qualification. Notify your supervisory any lack of experience.

Question 57

Name some key elements of the ANA Code of Ethics

Answer 57

To promote Health, to prevent illness, to restore and alleviate suffering.

1. to inform the public about the minimum standard of the profession and help them understand professional nursing conduct.
2. provide a sign of the professions commitments to the public it serves.
3. Outline major ethical considerations of the profession.

Question 58

Discuss the Implications of physician’s order s

Answer 58

you are obligated to carry out physician order except when you believe the orders are inappropriate. If you do give the order then you have committed medication error, and are liable if there is any harm done to the client. Unclear orders must be clarified with the physician.