Legal Ethical And Scope Of Practice Flashcards
Values
- beliefs that act as standards to direct ones behavior and decisions
- influence beliefs about needs and health behaviors and response to illness
- formed throughout life based on environment, family, and culture
Values in nursing
- set foundation for practice
- influence how nurses interact with patients and members of the healthcare team
- important that individual values are not used to judge the patient’s values
Altruism
Concern for the well-being of others
Advocate for patient
Autonomy
The right to self-determination
Human dignity
Respect for the worth of individuals and population
Provide cultural care
Integrity
Act in agreement with a code or standards
Provide good care
Social justice
Maintaining moral/legal and humanistic principles
Equal access to health care to our patients
Ethics
Concise understanding about right and wrong behavior or good versus evil
Gradually develops
Morals
Standard of right and wrong based on personal community belief
Type of ethics
Bioethics- discipline focusing on ethical concerns for bio ethical research, science and medicine
Clinical ethics- Focus on ethical concerns that arise during patient care
Nursing ethics- Study of ethical concerns that arise during nursing practice
Autonomy
Self determination, respect patient’s right to make decision, refuse treatment
Nonmaleficencec
Avoiding harm to patients, prevent harm
Beneficence
Act of doing good
Justice
Fairness; giving each person his or her due
Patient in similar situation should have access to same care
Fidelity
Keep promises
Must be faithful to promise they may professionally
Veracity
Truthfulness; honesty
Truth or even if truth leads to distress, not withholding information
Accountability
Accepting responsibility
Privacy
Right to be left alone, right to visit alone
Ethical dilemma
Two conflicting courses of action
Disagreement between two people
Ethical distress
Nurse is in conflict between the right thing to do an institutional or personal factors that may make it difficult
Litigation
Process of bringing in trying a lawsuit
Plaintiff: person who brings a case against another in a court of law
Defendant: Accused in court of law
Nurse practice acts
Define’s legal scope of nursing practice
Ensures that nurses practice within these limits
Developed by each state
Explains violations and discipline that may result
Voluntary standards under Regulation of nursing practice
Developed and implemented by the nursing profession
Not mandatory
Guidelines for peer review
American nurses Association standards of practice(ANA)
Legal standards
Developed by legislature and implemented by state authority
Determine minimal standards for nurse education, licensing requirements
Nurse practice act
Credentialing
Insurance professional competence
Crime
Punishable by the state
Tort
May be punished or receive action in a civil court
Intentional: The person committing the act is aware of the legal limits of the behavior
Unintentional: Negligence
Assault
Treat or attempt to make bodies contact with someone with out consent
Intentional threat
Battery
Assault that is carried out or acted upon
Ex: give meds without consent
Defamation
Individual makes derogatory remark about another person to negatively impact his or her reputation without good reason to believe they are true
Slander: oral defamation
Libel: written defamation
Intentional torts
- invasion of privacy: right to be left alone and have info maintained confidential
- false imprisonments: unjustified Cassity or prevention of movement of another person without consent
- fraud: Purposeful misrepresentation that may cause loss or harm to individual or property
Unintentional torts
- Negligence: performing an act that a practical person would not normally do in a similar situation, failing to act in a way that a reasonable person would act in a similar situation
- malpractice: professional negligence failure to abide by the standard of care of one’s profession
- liability: must have these elements;
• duty or obligation to use due care
• causation indicates that breach of duty causes injury
• damages or harm resulting that occurs to the patient
Legal safeguards for the nurse
- protect nurses from legal risk and ensure safety for nurses and patients
- informed consent required for admission, treatment, diagnostic procedures
• must be written and signed by patient or legal representable person
• exception in emergencies or inability to reach legal responsible person
• respect patient self-determination
• position responsible for explaining any procedures, nurses may answer questions, reinforce information already given, witness patient signature
• must include patients risk, consequences and alternatives
• assess patient understanding of procedure before obtaining consent or initiating treatment
• be aware of internal and X ternal factors that may affect the patient’s ability to be competent to give consent
• refusal to consent should always be documented