legal and ethical week 13 Flashcards
Failure to exercise the degree of care that a person of ordinary prudence would exercise under the same circumstances
The doing or not doing of an act, pursuant to a duty, that a reasonable person in the same or similar circumstances would do or not do and the acting or failing to act is the proximate cause of the injury to another person or to her property
Negligence
Traditional standards defined by the degree of skill, care, and diligence exercised by nurses commensurate with the individual’s level
Standards of Nursing Care
An offense covered under tort law
A dereliction from professional services resulting in injury, loss, or damages to the recipient of the services
Relies on the judgment that the professional has failed to perform according to the minimum reasonable standards of the profession
Malpractice
***Malpractice laws vary by state, controlled by statute, regulations and case law
the injury or wrongful act for which a civil action is brought
Tort
Requires proven provider-patient relationship
duty
Nurse had a duty to patient but care fell below the acceptable standard
Standards set per diagnostic profile, can be written or unwritten
Breach of duty
failure to provide care within the standard must be the proximate cause of the injury
Example: administering a drug in error but without injury does not meet criteria for malpractice claim
Malpractice Claims: Elements (cont.)
Proximate cause
Must be proof of harm
Damages
T/F: Nurses may offer duty in emergency circumstances without liability
TRUE
T/F: State law is the authority for professional practice.
TRUE
How many elements must the plaintiff introduce for a malpractice claim?
Four Duty Breach of duty Proximate cause Damages
What should you do if you’re served with a lawsuit?
call professional insurer
notify institution/workplace
DONT contact plaintiff
If one event is comparable to another in causing harm, responsibility does not rest with one individual.
Comparative negligence
defendant receives document informing them of suit
Service:
How many days does a defendant have to respond once served with a suit against them?
120 days
T/F: Most cases end up going to trial?
FALSE
Most cases end with negotiation and settlement.
records all malpractice claims.
The National Practitioner Data Bank (NPDB)
Respect for autonomy (self-determination)
Nonmaleficence (do no harm)
Beneficence (act in the best interest of)
Justice (fairness)
Veracity (truthfulness, honesty)
Confidentiality
Fidelity (promise keeping, loyalty)
Ethical principles
Recognize an ethical dilemma exists. (How do you know?)
Analyze available clinical information.
Develop a moral point of view that can be articulated/explained.
Understand that dilemma can be approached from a variety of viewpoints.
Move toward responsible, collaborative action through communication and understanding.
Ethical Decision Making: Five-Step Process
A health care provider has the duty to disclose all significant information that he/she possesses or reasonably should possess that is material to an intelligent decision by the patient.
Doctrine of Informed Consent
What does the doctrine of informed consent include?
Nature of patient’s condition
Nature/probability of risks
Reasonable expectation of benefits
Inability of provider to predict risks/results
Irreversibility of a procedure
Likely result of no treatment
Available alternatives, including risks and benefits
physical ability to make and communicate decisions
Capacity
makes decisions patient would make
Guardian
makes recommendations for patient in court
Guardian ad litem
