legal/ ethical power point Flashcards

1
Q

provide safe and compassionate care based on

A

ethical and legal standards of care

current clinical facility policies

evidence-based practice guidelines

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2
Q

ethics is

A

branch of philosophy concerned with
distinction between right and wrong based on body of knowledge, not based only on opinions

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3
Q

Morality is

A

– behavior in accordance with customs or
traditions – usually reflects personal religion/beliefs

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4
Q

Moral/Ethical Principles are

A

fundamental values or
assumptions about the way individuals should be treated and cared for. Codes that direct or govern
Nursing Action.

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5
Q

Autonomy moral/ethical principles

A

 A client’s right to SelfDetermination Without
Outside Control.
 Freedom to make
choices even if not in
agreement with health
care team
 Rational thinking on the
part of the individual
 Challenged when the
individual infringes upon
the rights of others

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6
Q

Autonomy Nursing moral/ethical principles

A

 The client must be informed to
make a decision
 Informed consents – (informed
and voluntary decision to
accept or decline medical
care)
 Not impose our own
opinions/beliefs
 Communication between
client & the healthcare
providers
 Advance Directives can help

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7
Q

Examples of Autonomy

A

A pregnant mother refuses blood transfusion,
refusing could result in death of her /fetus –
Jehovah Witness Beliefs

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8
Q

Beneficence Moral/Ethical Principles

A

 Duty to Actively Do
Good for Clients
 Compassionate Care for
all people in all
circumstances
 Not paternalism
(healthcare provider
always knows best)
 Who defines “good”?
(client, family, nurse,
healthcare provider?)

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9
Q

Beneficence Nursing Moral/Ethical Principles

A

 Goal is to achieve the
highest level of function
 What is best for the
needs of others, not
myself
 Preserving humanity,
dignity, caring,
promoting well being.

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10
Q

Examples of Beneficence

A

 Post Surgery – Encourage ambulation,
TCDB
 Providing the Evidence Based Practice
to care for the client.
 Health promotion, teaching and safety

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11
Q

Nonmaleficence Moral/Ethical Principles

A

 Duty to Prevent or Avoid
Doing Harm, Whether
Intentional or
Unintentional

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12
Q

Nonmaleficence Nursing

A

 Follow the Scope of
Practice
 “First do no harm”
 Knowledgeable of skills,
care, medications.

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13
Q

justice Moral/Ethical Principles

A

 The Duty to Treat All
Clients Fairly, Without
Regard to Age,
Socioeconomic Status,
or Other Variables.
 Equitable distribution of
potential benefits and
tasks.
 Who will be treated first?
VIP, underinsured.

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14
Q

justice nursing Moral/Ethical Principles

A

 Optimal level of care for
all.
 Being an advocate if this
is not being done – go to
person, the manager.

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15
Q

Examples of Justice

A

Moving an unstable patient in ICU to
another regular floor to make room for
the surgeon’s post op patient.

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16
Q

fidelity Moral/Ethical Principles

A

 The Duty to Be
Faithful to
Commitments

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17
Q

fidelity nursing Moral/Ethical Principles

A

Nursing
 Keeping promises of care

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18
Q

Examples of Fidelity

A

 Returning with information about the
Endoscopy as promised
 Walking the client in the hall as
requested

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19
Q

veracity Moral/Ethical Principles

A

 The Duty to Tell the
Truth
 Honesty improves
the Nurse-Patient
Relationship
 Respect for others
and honesty builds
trust.

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20
Q

Veracity nursing moral/ethical principles

A

 Give honest answers
when the client asked
questions.
 Do not lie to the client

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21
Q

advocacy Moral/Ethical Principles

A

 Be An Advocate
 Patient advocate is a
person who speaks up
for or acts on the
behalf of the client,
protects the client’s
rights to make his/her
own decision.
 American Nurses
Associates Bill of Rights
for Registered Nurses

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22
Q

advocacy Nursing Moral/Ethical Principles

A

 Collaborate and
coordinate patient
care - Ex. Contact
referral agencies
and network with
other health care
professionals
 Speak up for the
patient’s needs and
benefit.

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23
Q

Accountability Moral/Ethical Principles

A

 Accepting
responsibility and
consequences for
one’s actions.
 Learns and practices
best nursing
practices based on
evidence-based
research.

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24
Q

Accountability Nursing Moral/Ethical Principles

A

Readily admits to
action without having
to be questioned by
others

Researches the new
medication before
administering

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25
Confidentiality Moral/Ethical Principles
 Limits sharing private patient information to only authorized individuals and agencies.  Health Insurance Portability and Accountability Act (HIPAA)
26
Confidentiality Nursing Moral/Ethical Principles
Patient had a previous abortion, Who needs to know this information?
27
Responsibility Moral/Ethical Principles
 Dependable  Reliable
28
Responsibility Nursing Moral/Ethical Principles
➢ *Adheres to professional standards of care ➢ *Complies with institutional policies ➢ *Meets requirements for continuing education ➢ *Follows orders prescribed for the patient
29
The Code of Ethics is not
legal documents
30
Ethical codes promotes
s behavior that is of a higher standard than is required by law
31
VALUES are
Beliefs/attitudes that are considered important and frequently influence an individual’s behavior and process of decision makin
32
can values change
yes values can change over time
33
values can affect actions True/False
true
34
BIOETHICS definition
the study of ethical and philosophical issues in biology and medicine
35
examples of bioethics
Genetic Testing, Cloning & Embryonic Stem cell Research, End of Life Care, Organ transplantation, Expensive Diagnostic Equipment and Medications
36
Ethical Dilemma is when
Conflict between two or more ethical principles No correct decision exists Moral Distress /Resilience
37
Ethical Reasoning Think it through
 Own religious beliefs  Benefits and burdens to the client  Caring – preserve humanity and dignity, promoting well-being
38
Sources of Law Impacting Nursing Practice
 Constitutional Law  Statutory Law  Regulatory Law  Case Law
39
Criminal Law
Prevent harm to individual citizens
40
Misdemeanor is
Punishable by a fine or up to 1-year local incarceration
41
Felony is
Punishable by imprisoned in state or federal facility for more than 1 year.
42
 Civil Law governs
unjust acts against individual citizens Lawsuits are filed under civil law
43
the two types of TORTS
Intentional Torts Unintentional Torts
44
Intentional Torts are
Assault Battery Defamation of Character False Imprisonment Invasion of Privacy
45
Assault is
Threat of bodily harm or violence; feeling of imminent harm or danger
46
Battery is
Actual physical harm. The threat is carried out
47
Defamation of Character is
public statement made that is false and injurious
48
Defamation of Character (Libel) is
written, broadcasting, or reading aloud
49
Defamation of Character (Slander) is
spoken untrue, jeopardizing that person’s reputation
50
False Imprisonment is
Unauthorized restraint or detention of a person
51
Invasion of Privacy is when
Accessing a chart if a nurse/student does not have the responsibility of care Asking patients about their personal wills/personal affairs Sharing that a person is hospitalized/treated with another person
52
Fraud is
Illegal activity, willful and purposeful misrepresentation that could cause, loss or harm to a person or property
53
Describing a myth regarding a treatment (e.g., telling a client a treatment ill not hurt, when pain is involved in the treatment) this is an example of
fraud
54
unintentional torts are considered
malpractice
55
Negligence is
 Failing to do something that a reasonable person would ordinarily do  Doing something that a reasonable person would ordinarily not do
56
Malpractice is
Negligence committed by a person functioning in a professional role.  Unethical  Deficient skills  Fails to practice Standards of Care
57
The legal guidelines for nursing practice:
 Usually involves “What a reasonable and prudent nurse would do in the same or similar circumstances.”  A breach of nursing standards must be proven in a tort of nursing negligence malpractice
58
Professional Misconduct includes
Practice outside the scope of Nursing Delegate to unqualified person Abandon/neglect patient Abuse Lack of documentation of care Failure to supervise Substance Use Disorder LAW HIPAA violation/social networking
59
All nurses are responsible for knowing
the State Practice Act for Nurses (Standards of Care) and the regulatory laws passed by the Kentucky Board of Nursing the policies and procedures of the facility in which they work
60
You are legally responsible for the assignment you accept TRUE/FALSE
true
61
The Four D’s for Malpractice
DUTY Dereliction DAMAGES DIRECT CAUSATION
62
The Four D’s for Malpractice duty
The nurse owed a DUTY to the client
63
The Four D’s for Malpractice Dereliction
There was a Dereliction (failure to fulfill one's obligations) Breach of DUTY, it was not carried out (Testimony of expert witness, facility policy and procedures, state standards of practice)
64
The Four D’s for Malpractice DAMAGES
The client suffered DAMAGES or harm
65
The Four D’s for Malpractice DIRECT CAUSATION
The nurse’s failure to carry out the duty was DIRECT CAUSATION of the harm
66
Licensure requires
Initial license – Pass the National Council Licensure Examination (NCLEX)  Complete the annual mandatory Continuing Education and licensure requirements  Enhanced Nurse Licensure Compact (eNLC)
67
Practice responsibly within the scope of personal capabilities, professional experience and education. includes
 Keep current with Kentucky standards of Care  Scope of Practice,  ACEN (Accrediting Commission for Education in Nursing) – our school  Keep updated by continuing education programs, professional journals, participating in profession organization (ANA, KNA, NLN)
68
Delegation
Accept only assignments for which you are qualified
69
How to Delegate
 Suitable person with appropriate skill set  Prepare the person; explain task clearly & ask for feedback  Necessary authority  Keep in touch & monitor progress  Retain responsibility  Praise & acknowledge job well done
70
RN’s Responsibilities
 Initial nursing assessment, subsequent assessments, & clinical judgment  Nursing diagnosis, nursing care goals, & progress plans  Interventions that require nursing knowledge & skills for teaching  Unstable patients
71
5 rights of Delegation
 Right task  Right circumstance  Right person  Right direction/ communication  Right supervision
72
LPNs may
May be delegated the care of patients that are stable and predictable and rapid change is not anticipated  LPNs may collect data to report to the RN but are not responsible for the same level of assessment that the RN conducts
73
!!!!!RN must be available to LPN if client shows
change in assessment
74
UAP can do
Routine nursing care & basic nursing procedures
75
Guidelines with Legal Boundaries
Document promptly and accurately Develop a caring rapport with the client and family while observing professional boundaries Communicate with the patient and explain procedures Maintain confidentiality General Consent Informed Consent
76
Medication Errors/Controlled Substance practices
 Practice the rights and checks every time administering medication.  Follow up on patient concerns prior to giving  If you question the order or feel it is incomplete or seems inappropriate, Clarify it.  Comply with legal requirements for handling and disposing of controlled substances.
77
Student Nurses are responsible for their own actions TRUE/FALSE
TRUE
78
what is General Consent
giving permission for treatment
79
Informed Consent is required for
all invasive treatments, hazardous procedures and surgery
80
whos responsibility is it to explain procedure and risks
MD’s
81
Key components for informed consent
 Exact details of the treatment  Necessity of the treatment  All known benefits and risks  Available alternatives  Risk of treatment refusa
82
Advance Directive includes
Living Will Durable Power of Attorney Health Care Proxy
83
living will purpose
Addresses end of life and circumstances under which treatment would be withheld or stopped
84
Durable Power of Attorney is who
Makes legal decisions if unable or not permitted to make their own
85
Health Care Proxy is
The durable power of attorney for medical care