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
Q

Confidentiality Moral/Ethical Principles

A

 Limits sharing private
patient information to
only authorized
individuals and
agencies.
 Health Insurance
Portability and
Accountability Act
(HIPAA)

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26
Q

Confidentiality Nursing Moral/Ethical Principles

A

Patient had a previous
abortion, Who needs to
know this information?

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27
Q

Responsibility Moral/Ethical Principles

A

 Dependable
 Reliable

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28
Q

Responsibility Nursing Moral/Ethical Principles

A

➢ *Adheres to
professional
standards of care
➢ *Complies with
institutional policies
➢ *Meets requirements
for continuing
education
➢ *Follows orders
prescribed for the
patient

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29
Q

The Code of Ethics is not

A

legal documents

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30
Q

Ethical codes promotes

A

s behavior that is of a
higher standard than is required by law

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31
Q

VALUES are

A

Beliefs/attitudes that are considered important
and frequently influence an individual’s behavior
and process of decision makin

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32
Q

can values change

A

yes values can change over time

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33
Q

values can affect actions

True/False

A

true

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34
Q

BIOETHICS definition

A

the study of ethical and philosophical
issues in biology and medicine

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35
Q

examples of bioethics

A

Genetic Testing, Cloning & Embryonic
Stem cell Research, End of Life Care, Organ
transplantation, Expensive Diagnostic Equipment
and Medications

36
Q

Ethical Dilemma is when

A

Conflict between two
or more ethical
principles

No correct decision
exists

Moral Distress
/Resilience

37
Q

Ethical Reasoning Think it through

A

 Own religious beliefs

 Benefits and burdens
to the client

 Caring – preserve
humanity and dignity,
promoting well-being

38
Q

Sources of Law Impacting Nursing
Practice

A

 Constitutional Law
 Statutory Law
 Regulatory Law
 Case Law

39
Q

Criminal Law

A

Prevent harm to individual citizens

40
Q

Misdemeanor is

A

Punishable by a fine or up to 1-year local incarceration

41
Q

Felony is

A

Punishable by imprisoned in state or federal facility for more
than 1 year.

42
Q

 Civil Law governs

A

unjust acts against individual citizens
Lawsuits are filed under civil law

43
Q

the two types of TORTS

A

Intentional Torts
Unintentional Torts

44
Q

Intentional Torts are

A

Assault
Battery
Defamation of Character
False Imprisonment
Invasion of Privacy

45
Q

Assault is

A

Threat of bodily harm or violence; feeling of imminent harm
or danger

46
Q

Battery is

A

Actual physical harm.
The threat is carried out

47
Q

Defamation of Character is

A

public statement made that is false and injurious

48
Q

Defamation of Character (Libel) is

A

written, broadcasting, or reading aloud

49
Q

Defamation of Character (Slander) is

A

spoken untrue, jeopardizing that
person’s reputation

50
Q

False Imprisonment is

A

Unauthorized restraint or detention of a person

51
Q

Invasion of Privacy is when

A

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
Q

Fraud is

A

Illegal activity, willful and purposeful
misrepresentation that could cause, loss or harm to a person or property

53
Q

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

A

fraud

54
Q

unintentional torts are considered

A

malpractice

55
Q

Negligence is

A

 Failing to do something that a
reasonable person would ordinarily do

 Doing something that a reasonable
person would ordinarily not do

56
Q

Malpractice is

A

Negligence committed by a person
functioning in a professional role.

 Unethical

 Deficient skills

 Fails to practice Standards of Care

57
Q

The legal guidelines for nursing
practice:

A

 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
Q

Professional Misconduct includes

A

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
Q

All nurses are responsible for knowing

A

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
Q

You are legally responsible for the
assignment you accept

TRUE/FALSE

A

true

61
Q

The Four D’s for Malpractice

A

DUTY

Dereliction

DAMAGES

DIRECT CAUSATION

62
Q

The Four D’s for Malpractice duty

A

The nurse owed a DUTY to the client

63
Q

The Four D’s for Malpractice Dereliction

A

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
Q

The Four D’s for Malpractice DAMAGES

A

The client suffered DAMAGES or harm

65
Q

The Four D’s for Malpractice DIRECT CAUSATION

A

The nurse’s failure to carry out the duty was
DIRECT CAUSATION of the harm

66
Q

Licensure requires

A

Initial license – Pass the National Council Licensure Examination
(NCLEX)
 Complete the annual mandatory Continuing Education and
licensure requirements
 Enhanced Nurse Licensure Compact (eNLC)

67
Q

Practice responsibly within the scope of personal capabilities, professional experience and education.

includes

A

 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
Q

Delegation

A

Accept only assignments for which you are qualified

69
Q

How to Delegate

A

 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
Q

RN’s Responsibilities

A

 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
Q

5 rights of Delegation

A

 Right task
 Right circumstance
 Right person
 Right direction/
communication
 Right supervision

72
Q

LPNs may

A

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
Q

!!!!!RN must be available to LPN if client shows

A

change in assessment

74
Q

UAP can do

A

Routine nursing care & basic nursing procedures

75
Q

Guidelines with Legal Boundaries

A

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
Q

Medication Errors/Controlled Substance
practices

A

 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
Q

Student Nurses are responsible for
their own actions

TRUE/FALSE

A

TRUE

78
Q

what is General Consent

A

giving permission for treatment

79
Q

Informed Consent is required for

A

all invasive treatments, hazardous procedures and surgery

80
Q

whos responsibility is it to explain procedure and risks

A

MD’s

81
Q

Key components for informed consent

A

 Exact details of the treatment
 Necessity of the treatment
 All known benefits and risks
 Available alternatives
 Risk of treatment refusa

82
Q

Advance Directive includes

A

Living Will

Durable Power of Attorney

Health Care Proxy

83
Q

living will purpose

A

Addresses end of life and
circumstances under which
treatment would be withheld
or stopped

84
Q

Durable Power of Attorney is who

A

Makes legal decisions if unable
or not permitted to make their
own

85
Q

Health Care Proxy is

A

The durable power of attorney
for medical care