Legal and Ethics

Question 1

Altruism

Answer 1

• 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

Question 2

Autonomy

Answer 2

• 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

Question 3

Human dignity

Answer 3

• 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

Question 4

Integrity

Answer 4

• 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

Question 5

Nonmalificence

Answer 5

avoid causing harm

Question 6

Justice

Answer 6

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

Question 7

Beneficence

Answer 7

benefit the patient, and balance benefit against risks and harms

Question 8

Ethical dilemmas

Answer 8

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

Question 9

Ethics

Answer 9

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

Question 10

Utilitarian approach to action

Answer 10

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

Question 11

Deontologic approach to action

Answer 11

an action is right or wrong independent of its consequences

Question 12

Care based approach to bioethics

Answer 12

• 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

Question 13

Using nursing process to make ethical decisions

Answer 13

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

Question 14

Functions of ethics committee

Answer 14

• education
• policy making
• case review
• consultation
• quality
• occasional research

Question 15

Moral distress

Answer 15

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

Question 16

nurse practice act

Answer 16

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

Question 17

constitutions

Answer 17

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

Question 18

Statutory laws

Answer 18

• enacted by a legislative body
• example: nursing practice acts

Question 19

Administrative laws

Answer 19

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

Question 20

Common law

Answer 20

• 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

Question 21

Credentialing

Answer 21

ways in which professional competence is ensured and maintained

Question 22

Accreditation

Answer 22

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

Question 23

Licensure

Answer 23

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

Question 24

Certification

Answer 24

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

Question 25

Reasons for suspending or revoking a license

Answer 25

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

Question 26

Crime

Answer 26

- 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

Question 27

Tort

Answer 27

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

Question 28

Intentional tort

Answer 28

- assault and battery - defamation of character - invasion of privacy - false imprisonment - fraud

Question 29

Unintentional tort

Answer 29

- malpractice - negligence

Question 30

4 elements of liability

Answer 30

1. duty 2. breach 3. causation 4. damages

Question 31

Common nursing malpractice allegations

Answer 31

- failure to ensure patient safety - improper treatment or performance of treatment - failure to monitor and report - med errors - documentation - adverse incidents

Question 32

Information obtained in incident report

Answer 32

- 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

Question 33

Whistle - blowing

Answer 33

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

Question 34

Sentinel event

Answer 34

unexpected occurence involving death or serious physical or psychological injury