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NURSING FUNDAMENTALS > Legal & Ethical Ch 2 > Flashcards

Legal & Ethical Ch 2 Flashcards

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0
Q

What are the two basic categories of law:

A

Criminal and civil

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1
Q

What does LAWS prescribe?

A

Proper behavior in society.
They sanction acceptable behavior and prohibit unacceptable behavior.
It’s important for you to have a basic understanding of the legal system

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2
Q

Laws are established in one of two ways

A

Develop statutory law

Common law

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3
Q

Precedent

A

Previous rulings on an issue

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4
Q 
Civil litigation 
(And where does it begin)
A

A lawsuit in a civil court

Begins in the plaintiff

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5
Q

Plaintiff

A

The complaining party

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6
Q

Prelitigation panel does what?

A

Precedes the actual loading in court depending on the specific state law

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7
Q

Complaint

A

The defendant states the facts involved in the case, defines the legal issues the case raises, and outlines the damages

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8
Q

Liable

A

Legally responsible

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9
Q

Summons

A

A court order that notifies the defendant of the legal action

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10
Q

Answer

A

A detailed response to the charges outlined in the complaint

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11
Q

Discovery

A

A pretrial process allowing both sides to interview witnesses

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12
Q

Deposition

A

Question and answer session under oath

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13
Q

Interrogatory

A

A written question that one party sends to the other party, to which an answer is obligatory

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14
Q

Request for production of documents and things

A

An instrument for discovering and obtaining such documents as policies and procedures, standards of care, medical records, assignment sheets. Personnel files, equipment maintenance records, birth certificates, marriage certificates, medical bill, and other documents pertinent to the issues at hand

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15
Q

Verdict

A

A decision,

Based on facts of the case, the evidence and testimony presented

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16
Q

Appeal

A

Request a review of the decision

Higher court review the decision

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17
Q

Accountability

A

Being responsible for ones own actions

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18
Q

Liability

A

Legal responsibility

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19
Q

Advocate

A

One who defends or pleads a cause or issue on behalf of another

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20
Q

Standards of care

A

Acts whose performance is required, permitted, or prohibited

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21
Q

Scope of nursing

A

Give direction to you as a practicing nurse
Spelling out what you have the obligation to do,
what you have permission to do
What you are prohibited from doing for patients

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22
Q

Nurse practice acts

A

Laws formally defining and limiting the scope of nursing practice

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23
Q

Interstate compact

A

Allows multistage practice of nursing

(If a nurse is licensed in her own home state, then privileges are granted to practice in other states that have signed the interstate compact)

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24
Q

Abandonment of care

A

Wrongful termination of providing patient care

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25
Q

Assault

A

An intentional threat to cause bodily harm to another

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26
Q

Battery

A

Unlawful touching of another person without informed consent

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27
Q

Competency

A

A legal presumption that a person who has reached a age of majority can make decisions for herself or himself

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28
Q

Defamation

A

Spoken of written statements made maliciously and intentionally that may injure the subjects reputation

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29
Q

Harm

A

Injury to a person or the persons property

30
Q

Libel

A

A malicious or untrue writing about another person that is brought to the attention of others

31
Q

Malpractice

A

Failure to meet a legal duty, this causing harm to another

32
Q

Negligence

A

A commission (doing) of an act or the omission (not doing) of an act that a reasonably prudent person would

33
Q

Slander

A

Malicious or untrue spoken words about another person that are brought to the attention of others

34
Q

Tort

A

Wrongs against a person or property

35
Q

Commission

A

Doing an act

36
Q

Omission

A

Not doing an act

37
Q

For you to be liable of malpractice what are the four things that one of the four have to have happened?

A
  1. Duty exists
  2. Breach of the duty
  3. Harm has occurred- doesn’t need to be physical
  4. The breach of duty was the proximate cause of the harm
38
Q

When did the american hospital association (AHA) did what?

What is it now called?

A

1972
Developed that patients bill of rights

Since 2003 Now called:
The patient care partnership: understanding expectations, rights, and responsibilities

39
Q

Health portability ad accountability act of 1996 (HIPAA)

A

Protect the confidentiality of all health info

The right to:

  • Have access to health care without any prejudice
  • Be treated with respect and dignity at all times
  • To privacy and confidentiality
  • To personal safety
  • To complete info about ones own condition and treatment
40
Q

Doctrine of informed consent

A

Full disclosure of the facts the patient needs to make an intelligent (informed) decision before any invasive treatment of procedure

41
Q

Civil battery

A

Unlawful touching of a person

Battery

42
Q

What is your duty regarding confidentiality

A

To protect info about a patient no matter how you come to have that info

43
Q

Medical records

A

Laws govern the collection, maintenance and disclosure of info in medical records

Medical records are not public documents

Info they contain is to be kept secure

All entries are permanent, accurate, complete and legible

44
Q

Invasion of privacy

A

Involves a persons right to be left alone and remain anonymous if he or she chooses

The patient does not waive the right to privacy by giving you consent to care for him or her

Do not expose the patients body parts unnecessarily, discuss the patient inappropriately, or do lose info

Using any patient info(name, photo, specific facts regarding an illness, and so on) without authorization is a violation of the patients legal rights

45
Q

What are exceptions to the right to privacy?

A

Reporting abuse

46
Q

Child abuse prevention treatment act of 1973

A

Made reporting abuse of child mandatory

47
Q

How to avoid a lawsuit

A
  • provide compassionate, competent nursing care
  • follow the standards of care and adhere to the scope of practice
  • proper documentation (“care was not give it it was not charted”)
48
Q

Good Samaritan laws

A

Provide immunity from liability in certain circumstances.
The goal of this protection(except in cases of gross negligence) is to encourage assistance in emergencies occurring outside of medical facility

49
Q

Insurance

A

Obtaining insurance is an important part of being professional

50
Q

Claims made policy

A

Protects you when the claim(s) for nursing or negligence is made while the policy is in force

51
Q

Occurrence basis policy

A

Protects you against claims made about events that occurred during the policy period or extended coverage period

52
Q

“Tail” agreement

A

Offered extended coverage for periods when a nurse is exposed to professional liabilities but no longer has a claims made policy

53
Q

What does the disciplinary defense insurance bring you?

A
  • qualified nurse attorney or attorney to represent you
  • wage loss reimbursement
  • travel, food, lodging reimbursement
  • legal fees paid or reimbursement for payment
54
Q

Ethics

A

Values that influence a persons behavior and he individuals feelings and beliefs about what is right or wrong
Moral values and principles that affect personal and professional conduct
Propose the duties and obligations of nurses to their patients, other health care professionals, the profession itself, and society

55
Q

Values

A

Personal beliefs about the worth of an object, an idea, a costing, or an attitude

Values vary among people and culture

Develop over time and undergo change in response to changing circumstances and necessity

56
Q

Value clarification

A

Process of self evaluation that helps you gain insight into your personal values

57
Q

To clarify values, do the following: (3)

A

1) select the belief or behavior and consciously examine it
2) decide its value
3 incorporate that value into your set of everyday responses and behaviors

58
Q

Ethical dilemmas

A

Situations that don’t have a clear right or wrong answer

59
Q

How to deal with an ethical dilemma (3)

A

1) identify the problem as an ethical one
2) assess the situation completely
3) consider any ethical principles that might apply to the situation

60
Q

What is the first most fundamental principle?

A

Respect for people

61
Q

Autonomy

A

Another ethical principle

Refers to freedom of person choice

62
Q

Beneficence

A

Doing good or acting for someone’s good

Another ethical principle

63
Q

Nobmaleficence

A

To do no harm

Another ethical principle

64
Q

Justice

A

The concept of what is fair

Another ethical principle

65
Q

Codes of ethics

A

You will use both personal and precessional ethical principles to inform your professional practice

66
Q

What does the codes of ethics specifies what will be expected of you? (5)

A

1) to know and function within the scope of practice for licensed LVN
2) to maintain patient confidences
3) to provide health care without discrimination
4) to maintain a high degree of professional and personal behavior
5) to take an active role in the development of LVN Profession

67
Q

Right to refuse treatment

A

Competent adults have the right to refuse treatment

Living wills are one kind of advance directive

68
Q

Health care proxy

A

Assign durable power of attorney to make decisions regarding medical treatment in the event that the patient becomes unable to make them

69
Q

Do not resuscitate (DNR) order

A

Physician is responsible

70
Q

Refusal to treat

A

Is an issue that arises when you encounter a patient whose care requires you to do something that conflicts with your own moral beliefs

71
Q

Nonmaleficence

A

To do no harm

72
Q

Euthanasia

A

Letting a person die

NURSING FUNDAMENTALS (11 decks)

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