Legal & Ethical Issues: Exam 2 Flashcards
The view that actions are right if they provide the greatest _____ for the greatest number of people. End goal is for the good! (Ex: Time-traveling to the past and killing Hitler as a baby to save others.) What is this?
GOOD
Utilitarianism
The view that it’s the final outcome that makes an action right or wrong. In other words, actions should be guided by ________ principles. (Ex. believing that Hitler is just a baby, and that he has done no wrong yet.) What is this?
Moral
Kantianism (Deontology)
Definition: Client’s rights to make his/her own decisions. (These decisions must not endanger others.) The patient makes their own decisions on what they want. It is important to us as nurses.
Autonomy
Example: Acknowledging the client’s rights to refuse medications.
Autonomy
Definition: Providing good, helpful treatment. We should as nurses to provide good treatment. Ethical Principle: to provide treatment no matter what the patients background is!
Beneficence (Benefit)
Example: Developing a healthy, professional, relationship with your client and using therapeutic communication techniques.
Beneficence (Benefit)
Definition: Avoiding actions that cause harm. Should not do things that hurts the patients (ex. healthcare being the cause of death is considered as a NEVER event!)
Non-maleficence
Example: Avoiding medication administration errors!
Non-maleficence
Definition: Keeping your word.
Fidelity
Example: Remembering to bring a client a novel you promised to share. Breaking a promise made to a patient about giving them something for pain and then not doing so, goes against this ethical principle.
Fidelity
Definition: Fair and equal treatment regardless of social class, race, economic status, etc.
Justice
Example: Providing the same standard care, even though the actions of the client are morally appalling to you. Give the same care to all. (Ex. giving the same care to a homeless man as you would provide to a celebrity.)
Justice
Definition: Being honest, truthful.
Veracity
Example: Describing the purpose and adverse effects of a medication in a non-misleading way. (Ex: be honest to patients, especially peds patients- shot pain. Be honest about medication side effects- such as weight gain)
Veracity
What are the ethical principles?
Autonomy
Beneficence (Benefit)
Non-maleficence
Fidelity
Justice
Veracity
Situations in which one has to choose between unfavorable alternatives (i.e. an ethical principle would be violated). They are extremely common in healthcare. When you begin to feel a strong emotion (ex. anger, frustration, sadness), there’s a good chance that you are in the midst of this. When you can’t live up to your values as a nurse. (Ex. when you catch yourself with emotions of anger because you have too many patients in your care.)
Ethical Dilemmas
What are the legal rights?
Right to receive and refuse treatment
Right to be involved in the plan of care
Right to the least-restrictive treatment measures
Right to privacy/confidentiality
Other rights:
Right to refuse to participate in research
Right to send and/or receive mail
Right to have or not have visitors
*If any of these rights are revoked, there must be clearly documented reasoning’s.”
Clients have the right to receive and refuse treatment (including __________.) Sometimes the right to refuse can be ________ if a client is not mentally competent or poses a serious _____ to themselves or others. In these cases, there are precise legal procedures that must be followed and the client is assigned an advocate. (Ex. patient that doesn’t want to take their PRN medications because of their religious beliefs and/or because of the side effects of the medication.) NOTE: patients with a mental illness still have legal rights!!
Medication
Revoked
Risk
Clients can choose their health care provider and be ________ in their plan of care. In inpatient units, you will frequently see clients invited into the treatment team discussions. The treatment team discusses the plan of care with the patient. (Ex. understand the clients goals of treatment) What is this legal right?
Involved
Right to be involved in the plan of care
Client should _______ be restrained or secluded for staff convenience or punishment. Less restrictive options should be attempted (and documented) _______. Such options include: Verbal instructions, warnings, interventions, etc., diversion or redirection, and offering a PRN medication. If the least-restrictive measures are non-effective, and if the patient is causing and/or planning to cause harm to themselves or others then restraints may be used. What is this legal right?
NEVER
FIRST
Right to the least-restrictive treatment measures
HIPAA protections: doesn’t matter who you are, you are always protected by HIPAA.
Duty to Warn: confidentiality can be broken if the client intends to ______ another person. If you learn of a threat to another person’s safety, it is your _____ to report this to the psychiatrist and treatment team.
What is this legal right?
Harm
Duty
Right to privacy/confidentiality
Types of hospitalization:
Voluntary Admission
Involuntary/Emergency Admission
Clients may sign out of the hospital unless the health care provider believes the client will be danger to themselves or to others. In other words, it is possible for this type of admission to become involuntary admission. If the team believes that patient is a danger, the patient looses the right to this admission. What type of hospitalization is this?
Voluntary Admission
Most states stipulate that a client can be under this type of admission, if the client is in danger to _______, a danger to _____, or unable to make care of _______ personal needs. State laws dictate specific legal procedures that must be followed. (Ex. a patient that refuses to eat and plans to starve themselves to death) A key point to remember is that even during this type of admission, clients retain all of their rights. What type of hospitalization is this?
Self
Others
Basic
Involuntary/emergency admission
Wrongful acts that can lead to legal liability.
Torts
Examples of Torts:
False imprisonment
Assault
Battery
Occurs when a client is placed in ______ for illegitimate reasons. What kind of tort is this?
Seclusion
False Imprisonment
Occurs when some __________ to touch a client in a harmful or offensive manner. What kind of tort is this?
Threatens
Assault
Occurs when a client is physically touched in a harmful or offensive manner outside of an emergency situation. (ex: harm patient because we felt that we needed to, but it was NOT needed.) What kind of tort is this?
Battery
