LEGAL ASPECTS IN NURSING Flashcards
It is an agreement by which a patient/client to accept a course of treatment or a procedure.
INFORMED CONSENT
What are the two types of informed consent?
- EXPRESS
- IMPLIED
It may be either oral or written agreement. The more the invasive the procedure, the more it requires written permission.
EXPRESS
It is when an individual’s nonverbal behavior indicates agreement. For example, when an individual position their bodies for an injection or when they cooperate when taking vital signs.
IMPLIED
What are the elements of an informed consent
o Voluntary
o Informed
o Competent
o Signature
what are the areas of potential liability in nursing?
- CRIME
- MISDEMEANOR
- TORT
It is an act committed that violates the public law and can be punished by a fine or imprisonment
CRIME
What are the two classification of crime
FELONIES
MANSLAUGHTER
what is felonies
a crime of serious nature, e.g. Murder.
what is manslaughter
second-degree murder
it is an offense of a less serious in nature but can be punished by a fine or short-term jail sentence or both, e.g. When a Nurse slaps a patient/client’s face.
MISDEMEANOR
It is a civil wrong that is committed against a person or person’s property.
TORT
What are the two classification of tort
UNINTENTIONAL
INTENTIONAL
do not require intent but do not require the element of harm
UNINTENTIONAL TORT
What are the two types of unintentional tort?
- NEGLIGENCE
- MALPRACTICE
define negligence
The failure to meet a standard of behavior that caused harm or injury to others.
define malpractice
“professional negligence”, a negligence occurred while the person was performing as a professional. This includes six elements:
what are the 6 elements
- DUTY
- BREACH DUTY
- FORESEEABILITY
- CAUSATIONS
- HARM OR INJURY
- DAMAGES
The wrongful acts done on a purpose
INTENTIONAL TORT
What are the five types of intentional tort?
- ASSAULT
- BATTERY
- FALSE IMPRISONMENT
- INVASION OF PRIVACY
- DEFAMATION
Define assault
an attempt or threat to touch another person
Define battery
willful touching of a person that may or may not cause harm.
define false imprisonment
“unjustifiable detention of a person without warrant to confine the person” (Guido, 2006).
defamation
libel and slander
what is libel
a defamation by means of writing, print, or pictures.
what is slander
a defamation by spoken word or false word by which a reputation is damaged.
morality and ethics
- ETHICS
- MORALITY
- BIOETHICS
- NURSING ETHICS
What is ethics
a discipline that is concerned with what is morally right & wrong.
What is morality
personal standards of what is right and wrong in conduct, character and attitude.
What is bioethics
ethics that are applied to human life or health.
What is nursing ethics
ethics applied to nursing practice.
What are the seven moral principle in nursing ethics
- AUTONOMY
- NONMALEFICENCE
- BENEFICENCE
- JUSTICE
- FIDELITY
- VERACITY
- ACCOUNTABILITY
- RESPONSIBILITY
Autonomy refers to
right to make one’s own decisions.
Nonmaleficence is
a duty to “do no harm”
Beneficence means
“doing good”.
Justice refers to
fairness
Fidelity means
being faithful to agreements and promises.
Veracity refers to
telling the truth
Accountability means
answerable to oneself and others for one’s own actions
Responsibility refers to
the specific accountability or liability associated with the performance of duties of a particular role
FREE
HEALTH CARE DELIVERY SYSTEM
According Miller-Keane (1987), it is an organized plan of health services.
HEALTH CARE SYSTEM
According to Williams-Tungpalan (1981), it is a network of health facilities and personnel which carries out the task of rendering health care to the people
HEALTH CARE DELIVERY
Philippine health care delivery system classified as
- PUBLIC
- PRIVATE
It is financed through tax-based system from the government
PUBLIC
Two types of public health care delivery system
- NATIONAL [DOH (Regional Hospitals, Medical Centers, DOH representatives, etc.) ]
- LOCAL [ LGU (Provincial & District Hospitals, RHUs, Barangay Health Stations, etc.) ]
It is run by individuals & companies
PRIVATE
Two types of private health care delivery system
- PROFIT (private hospitals, clinics)
- NON-PROFIT (organizations, foundations)
What are the levels of disease of disease prevention (WONCA 2003)
- PRIMARY PREVENTION
- SECONDARY PREVENTION
- TERTIARY PREVENTION
- QUATERNARY PREVENTION
It is an action taken to avoid or remove the cause of a health problem in an individual or a population before it arises
PRIMARY PREVENTION
- health promotion
- specific protection (e.g. immunization)
It is an action taken to detect a health problem at an early stage in an individual or a population, thereby facilitating a cure or reducing or preventing it spreading or long-term effects.
SECONDARY PREVENTION
-e.g. screening, case finding, early diagnosis
It is an action taken to reduce the chronic effects of a health problem in an individual or a population by minimizing the functional impairment consequent to the acute or chronic health problem
TERTIARY PREVENTION
-e.g. rehabilitation
It is an action taken to protect individuals (persons/patients) from medical interventions that are likely to cause more harm than good.
QUATERNARY PREVENTION
It is the proper channeling of health services.
REFERRAL SYSTEM
It is a systematic, rational method of planning and providing individualized nursing care.
NURSING PROCESS
What is the purpose of nursing process
It is to identify the client’s health status, to establish plans to meet the identified needs & to deliver interventions to meet those needs.
What are the phases of nursing process
- ASSESSMENT
- DIAGNOSIS
- PLANNING
- INTERVENTION/IMPLEMENTATION
- EVALUATION
She originated the term nursing process in 1955
LYDIA HALL
Who are theorist who first use the nursing process to refer to a series of phases describing the practice of nursing.
- DOROTHY JOHNSON (1959)
- IDA JEAN ORLANDO (1961)
- ERNESTINE WIEDENBACH (1963)
What are the characteristics of nursing process
- CYCLIC
- CLIENT-CENTERED
- INTERPERSONAL & COLLABORATIVE
- UNIVERSALLY APPLICABLE
It is a cycle that is continuously changing (dynamic) rather than staying the same (static)
CYCLIC
The nurse organizes plan of care according to client problems rather that nursing goals
client-centered
The nurse-patient relationship
INTERPERSONAL & COLLABORATIVE
It used as a framework for all nursing care in all types of clinical settings, with clients of all age groups.
UNIVERSALLY APPLICABLE
It is the systematic and continuous collection, organization, validation & documentation of data (information)
ASSESSMENT