Legal and Ethics Flashcards
What is nursing ethics
a domain of knowledge that addresses issues and questions about morality in human choices, actions, character, and ends
what are morals
private, personal, or group standards of right or wrong
what are ethics
formal process for making logical and consistent moral decisions
what is Utilitarianism ethical theories
societal centered decision making based on what provides the greatest good for the greatest number of individuals
what is deontological ethical theory
patient centered decision making based on obligations, duty, and what one considers to be right or wrong
what is autonomy
right to make own choices
what is beneficence
doing good
what is nonmaleficence
do no harm
what is fidelity
when a nurse remains true to practices
what is veracity
truth
what is social justice
belief that everyone is entitled to access to care
what does International Council of Nurses do
adopted its ‘Code of Ethics’ as a guide for action based on social values and needs and serves as the standard for nurses worldwide.
what does American Nurses Association do
establishes the ethical standard for the profession and serves as guide for nurses to use in ethical analysis and decision making
what are ethical dilemmas
problems for which more than one choice can be made, and the choice is influenced by the values and beliefs of the decision makers
what are a nurses role in ethical dilemmas
an agent for the client facing an ethical decision, a decision maker in regard to nursing practice
what is the definition of law
standard or rule of conduct established and enforced by government
what is litigation
process of bringing and trying a lawsuit
what is a plaintiff
person bringing a suit
what is a defendant
person being accused of a crime
what is public law
government directly involved - regulated relationships between individuals and government
what is private law
civil law- regulates relationships among people
what is criminal law
concerns state and federal criminal statues - defines criminal actions
what are the 4 sources of law
constitutions, statutory law, administrative law, common law
what is constitutions
serve as guides to legislative bodies
what is statutory law
enacted by a legislative body
what is administrative law
empowered by executive officers
what is common law
judiciary system reconciles controversies, creates body of common law
what are some reasons for suspending or revoking a license
drug/alcohol abuse, fraud, deceptive practice, criminal acts, previous disciplinary actions, gross/ordinary negligence, physical or mental impairments (including age)
what is crime
wrong against a person or the persons property as well as the public
what is a misdemeanor
punishable by fines or less then a year in jail (or fines)
what is a felony
punishable by imprisonment for more then a year
what is a tort
wrong committed by a person against another person or that persons property - tried in civil court
what are some examples of intentional tort
Assault and battery, Defamation of character, Invasion of privacy, False imprisonment, Fraud
what are some examples of unintentional tort
negligence or malpractice
what is negligence
conduct falls below standard of care and places the client at risk for injury. A nurse fails to implement safety measures for a client who has been identified as a risk for falls.
what is malpractice
is negligence committed by a professional such as a nurse or physician
what are the 4 elements of negligence
duty owed, breach of duty, causation, damages
what are the 3 outcomes of malpractice litigation
All parties work toward fair settlement, Case is presented to malpractice arbitration panel, Case is brought to trial court
what is sentinel event
any unanticipated event in a healthcare setting resulting in death or serious physical/psychological injury to a patient or patients not related to the natural course of the patients illness
what are some surgical sentinel events
wrong patient/site/procedure, unintended retention of a foreign body, OP/Post op complications
what should be included in an incident report
names, factual account, date/time/place, pertinent characteristics of person involved, equipment/resources, important variables, documentation
what are some behaviors consistent with substance use disorder
smell of ETOH, impaired coordination, sleepiness, bloodshot eyes, mood swings, memory loss, neglect of appearance, excessive use of sick leave, tardiness,
what is authoritative leadership
A nurse who leads using this management style makes all decisions and gives specific orders and directions to subordinates, and tends to discourage questions or dissent
what is democratic leadership
welcome and value others input, rely heavily on team participation and facilitate discussions that enable multiple members of their group to weigh in on decisions
what is laissez faire leadership
Instead of a single leader making all decisions for an organization, group or team, laissez-faire leaders make few decisions and allow their staff to choose appropriate workplace solutions.
what is servant leadership
based on the idea that leaders prioritize serving the greater good - serve their team and organization first
what is transformational leadership
nurse manager is focused on the big picture (improved patient care, better systems and processes), and how to get there.
what are the 5 competencies of emotional intelligence
self awareness, self regulation, motivation, empathy, social skills