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NURSING FUNDAMENTALS > Legal & Ethical Ch 2 > Flashcards

Legal & Ethical Ch 2 Flashcards

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
Abandonment of care
Wrongful termination of providing patient care
25
Assault
An intentional threat to cause bodily harm to another
26
Battery
Unlawful touching of another person without informed consent
27
Competency
A legal presumption that a person who has reached a age of majority can make decisions for herself or himself
28
Defamation
Spoken of written statements made maliciously and intentionally that may injure the subjects reputation
29
Harm
Injury to a person or the persons property
30
Libel
A malicious or untrue writing about another person that is brought to the attention of others
31
Malpractice
Failure to meet a legal duty, this causing harm to another
32
Negligence
A commission (doing) of an act or the omission (not doing) of an act that a reasonably prudent person would
33
Slander
Malicious or untrue spoken words about another person that are brought to the attention of others
34
Tort
Wrongs against a person or property
35
Commission
Doing an act
36
Omission
Not doing an act
37
For you to be liable of malpractice what are the four things that one of the four have to have happened?
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
When did the american hospital association (AHA) did what? | What is it now called?
1972 Developed that patients bill of rights Since 2003 Now called: The patient care partnership: understanding expectations, rights, and responsibilities
39
Health portability ad accountability act of 1996 (HIPAA)
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
Doctrine of informed consent
Full disclosure of the facts the patient needs to make an intelligent (informed) decision before any invasive treatment of procedure
41
Civil battery
Unlawful touching of a person Battery
42
What is your duty regarding confidentiality
To protect info about a patient no matter how you come to have that info
43
Medical records
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
Invasion of privacy
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
What are exceptions to the right to privacy?
Reporting abuse
46
Child abuse prevention treatment act of 1973
Made reporting abuse of child mandatory
47
How to avoid a lawsuit
- 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
Good Samaritan laws
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
Insurance
Obtaining insurance is an important part of being professional
50
Claims made policy
Protects you when the claim(s) for nursing or negligence is made while the policy is in force
51
Occurrence basis policy
Protects you against claims made about events that occurred during the policy period or extended coverage period
52
"Tail" agreement
Offered extended coverage for periods when a nurse is exposed to professional liabilities but no longer has a claims made policy
53
What does the disciplinary defense insurance bring you?
- qualified nurse attorney or attorney to represent you - wage loss reimbursement - travel, food, lodging reimbursement - legal fees paid or reimbursement for payment
54
Ethics
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
Values
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
Value clarification
Process of self evaluation that helps you gain insight into your personal values
57
To clarify values, do the following: (3)
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
Ethical dilemmas
Situations that don't have a clear right or wrong answer
59
How to deal with an ethical dilemma (3)
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
What is the first most fundamental principle?
Respect for people
61
Autonomy
Another ethical principle Refers to freedom of person choice
62
Beneficence
Doing good or acting for someone's good Another ethical principle
63
Nobmaleficence
To do no harm Another ethical principle
64
Justice
The concept of what is fair Another ethical principle
65
Codes of ethics
You will use both personal and precessional ethical principles to inform your professional practice
66
What does the codes of ethics specifies what will be expected of you? (5)
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
Right to refuse treatment
Competent adults have the right to refuse treatment Living wills are one kind of advance directive
68
Health care proxy
Assign durable power of attorney to make decisions regarding medical treatment in the event that the patient becomes unable to make them
69
Do not resuscitate (DNR) order
Physician is responsible
70
Refusal to treat
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
Nonmaleficence
To do no harm
72
Euthanasia
Letting a person die

NURSING FUNDAMENTALS (11 decks)

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