Legal and Ethics Flashcards

1
Q

Altruism

A
  • a concern for the welfare and well - being of others
  • advocating for patients, mentoring other professionals, demonstrating understanding of cultures, beliefs, and perspectives of others
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2
Q

Autonomy

A
  • the right to self determination
  • honoring the right of patients and families to make decisions about health care, planning care in partnership with patients, providing information so patients can make informed decisions
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3
Q

Human dignity

A
  • respect for the inherent worth and uniqueness of individuals and populations
  • providing culturally respectful care, protecting the patient’s privacy, preserving the confidentiality of patients
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4
Q

Integrity

A
  • acting in accordance with an appropriate code of ethics and accepted standards of practice
  • providing honest information to patients and the public, documenting care accurately and honestly, seeking to remedy errors made by self or others, demonstrating accountability
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5
Q

Nonmalificence

A

avoid causing harm

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6
Q

Justice

A

always seek to distribute the benefits, risks, and costs of nursing care justly

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7
Q

Beneficence

A

benefit the patient, and balance benefit against risks and harms

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8
Q

Ethical dilemmas

A

arise when attempted adherence to basic ethical principles results in conflicting courses of action

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9
Q

Ethics

A

a systematic study of principles of right and wrong conduct, virtue and vice, and good and evil as they relate to conduct and human flourishing

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10
Q

Utilitarian approach to action

A

the rightness or wrongness of an action depends on the consequences of an action

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11
Q

Deontologic approach to action

A

an action is right or wrong independent of its consequences

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12
Q

Care based approach to bioethics

A
  • centrality of the caring relationship
  • promotion of dignity and respect for patients as people
  • attention to the particulars of individual patients
  • cultivation of responsivness to others
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13
Q

Using nursing process to make ethical decisions

A
  1. assess the situation (gather data)
  2. diagnose (identify) the ethical problem
  3. plan (identify and weigh alternatives)
  4. implement your decision
  5. evaluate your decision
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14
Q

Functions of ethics committee

A
  • education
  • policy making
  • case review
  • consultation
  • quality
  • occasional research
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15
Q

Moral distress

A

occurs when you know the right thing to do, but either personal or institutional factors make it difficult to follow the correct course of action

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16
Q

nurse practice act

A
  • protects the public by broadly defining the legal scope of nursing practice
17
Q

constitutions

A
  • serve as guides to legislative bodies
  • give authority and state the principles and provisions for establishing specific laws
18
Q

Statutory laws

A
  • enacted by a legislative body
  • example: nursing practice acts
19
Q

Administrative laws

A
  • empowered by executive officers (president, mayors, state governors)
  • example: boards of nursing at the state level
20
Q

Common law

A
  • judiciary system reconciles controversies, create body of common law
  • helps prevent one set of rules from being used to judge one person and another set to judge another person in similar circumstances
21
Q

Credentialing

A

ways in which professional competence is ensured and maintained

22
Q

Accreditation

A

the process by which an educational program is evaulated and recognized for having met certain standards

23
Q

Licensure

A

the process by which a state determines that a candidate meets certain minimum requirements to practice in the profession and grants a license to do so

24
Q

Certification

A

the process by which a person who has met certain criteria established by a nongovernmental association is granted recognition to practice in a specified practice area

25
Q

Reasons for suspending or revoking a license

A
  • drug or alcohol abuse
  • fraud
  • deceptve practice
  • criminal activity
  • previous disciplinary action by other state boards
  • gross or ordinary negligence
  • physical or mental impairments
26
Q

Crime

A
  • wrong against a person or the person’s property as well as the public
  • misdemeanor: punishable by fines or less than 1 year imprisonment
  • felony: punishable by imprisonment for more than 1 year
27
Q

Tort

A

a wrong committed by a person against another person or that person’s property; tried in civil court
may be intentional or unintentional

28
Q

Intentional tort

A
  • assault and battery
  • defamation of character
  • invasion of privacy
  • false imprisonment
  • fraud
29
Q

Unintentional tort

A
  • malpractice
  • negligence
30
Q

4 elements of liability

A
  1. duty
  2. breach
  3. causation
  4. damages
31
Q

Common nursing malpractice allegations

A
  • failure to ensure patient safety
  • improper treatment or performance of treatment
  • failure to monitor and report
  • med errors
  • documentation
  • adverse incidents
32
Q

Information obtained in incident report

A
  • complete name of person and witness
  • factual account of incident
  • date, time, place
  • pertinent characteristics of people involved
  • any important variables
  • documentation by physician of medical examination of person involved
33
Q

Whistle - blowing

A

a warning from a present or past member of an organization to the public concerning a serious wrongdoing or danger created or masked by an organization

34
Q

Sentinel event

A

unexpected occurence involving death or serious physical or psychological injury