Legal, ethics, social justice Flashcards

1
Q

Morals

A

Private, personal, or group standards that consider in a broad, general manner what is good or bad, right or wrong.

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2
Q

Ethics

A

is the study of a system of moral principles and standards, or the process of using them to decide your conduct and actions.

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3
Q

bioethics

A

refers to the application of ethical principles to healthcare. is concerned with every area in healthcare, including direct care of patients, allocation of resources, utilization of staff, and medical and nursing research.

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4
Q

nursing ethics

A

refers to the ethical questions that arise out of nursing practice. “is abortion moral?”

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5
Q

ethical agency

A

for nurses, is the ability to base their practice on professional standards of ethical conduct and to participate in ethical decision making. “nurses have choices and are responsible for their actions

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6
Q

moral frameworks

A

systems of thought (theories) that are the basis for the differing perspectives people have in ethical situations.

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7
Q

values

A

when we value what is right or wrong, good or bad, we are using moral judgement. Therefore, our individual preference(values) of right or wrong become our moral values. They shape the manner in which you make ethical decisions.

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8
Q

professional guidelines

A

healthcare professionals have an obligation to society to be competent in their field; to allow only qualified persons entry into the profession; to discipline members of the profession who do not practice at an acceptable level; to do no harm; and to use high moral and ethical standards to resolve dilemmas.

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9
Q

Autonomy

A

refers to a person’s right to choose and ability to act on that choice. It is based on respect for human dignity.

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10
Q

nonmaleficence

A

is the twofold duty to do no harm and to prevent harm. Refers to both actual harm and risk of harm, as well as intentional and unintentional harm.

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11
Q

beneficence

A

Is the duty to do or promote good. do no harm- prevent harm when you can. Remove harm when it is being inflicted. Bringing about positive good.

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12
Q

Fidelity

A

Is the duty to keep promises. It is a basic part of every patient care situation.

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13
Q

Veracity

A

Is the duty to tell the truth. This one is obvious, but may present a challenge. Example: would you tell the patient the truth if you knew it might cause harm to the client?

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14
Q

justice

A

The obligation to be fair. It implies equal treatment of all patients.

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15
Q

consequentialism

A

the rightness or wrongness of an action depends on the consequences of the act rather than on the act itself.

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16
Q

utilitarianism

A

asserts that the value of an action is determined by its usefulness. States that an act must result in the greatest good (positive benefit) for the greatest number of people.

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17
Q

deontology

A

is based on rules and principles and uses language of rights and duties. Considers an action to be right or wrong regardless of the consequences.

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18
Q

ethics of care

A

Directs attention to the specific situations of individual patients, viewed within the context of their life narrative. “what is going on right now in this patients life?”

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19
Q

feminist ethics

A

based on the belief that traditional ethical models provide a mostly masculine perspective and that they devalue the moral experience of women.

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20
Q

what are the 2 concepts of integrity- producing compromise

A
  1. discussions are carried out with mutual respect

2. the rationale for the compromise is principle based

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21
Q

Describe the nurse’s obligations in ethical decisions

A
  • Be aware of and sensitive to issues
  • assume responsibility for your own moral actions
  • function as a team member
    support the patient and family members
  • support patients who are not being allowed to decide
  • use and participate in institutional ethics committees
  • MOST IMPORTANT: advocate for your client
    Continually strive to improve your ethical decision making
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22
Q

what is the role of a nurse as an advocate?

A

The role of advocates is to safeguard clients against abuse and violation of their rights.

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23
Q

what does MORAL stand for?

A
M- massage the dilemma
O- Outline the options
R- Resolve the dilemma
A- act by applying the chosen option
L- look back and evaluate
24
Q

what is Constitutional law?

A

is a system of fundamental laws and principles that prescribes the nature, functions, and limits of a government.

25
Q

what is Statutory law?

A

is a law passed by congress or by a state legislative body. Congress passes laws for the benefit of society as a whole, whereas states use their police power to pass laws to ensure the general health, safety, and welfare of their citizens. EX: Definition of nursing

26
Q

what is Administrative Law?

A

refers to the laws that govern the activities of administrative agencies.Administrative agencies are created at the federal level by congress and at the state level by its legislative bodies. EX: Delegation and Supervision

27
Q

what is common law?

A

A compilation of laws made by judges or courts. Based on common customs and traditions. EX: Affirmative duty

28
Q

what were the effects of the Patient Self-Determination Act on healthcare practices?

A

Requires healthcare facilities to:

  • Provide written information to each patient regarding the right to make decisions, including the right to accept or to refuse medical treatment and the right to make advance directives.
  • Document in the patient’s medical record the presence or absence of advanced directives.
  • Follow state law as it relates to advance directives.
  • Treat everyone the same regardless of the presence or absence of advance directives (facilities may not discriminate)
29
Q

Describe accommodations that conform to Americans with Disability Act (ADA)

A

Employers must provide reasonable accommodations within the work setting to allow employees with disabilities to perform their job.

30
Q

what are state mandatory reporting laws?

A

the law states that nurses must report:

  • communicable disease
  • You also have a duty to report physical sexual or emotional abuse or neglect of vulnerable individuals. whether you suspect it or have actual evidence of it
31
Q

what are good Samaritan laws?

A

laws are designed to protect from liability those who provide emergency care to someone who is in need of medical services

32
Q

Identify seven rights of nurses within the healthcare workplace

A
  1. Practice in a manner that fulfills their obligations to society and to those who receive nursing care
  2. Practice in environments that allow them to act in accordance with Professional Standards and legally authorized scopes of practice
  3. work environment that supports and facilitates ethical practice as defined by the code of ethics for nurses
    freely and openly advocate for themselves and their patients without fear of Retribution
  4. Fair compensation for their work consistent with their knowledge experience and professional responsibilities
  5. a work environment that is safe for themselves and for their patients
  6. negotiate the conditions of their employment either as individuals or collectively and all practice settings
  7. negotiate the conditions of their employment either as individuals or collectively and all practice settings
33
Q

common causes of malpractice litigation?

A
  • failure to respond
    • failure to educate
    • failure to follow standards of care and institutional policies/procedures
    • failure to communicate
    • failure to document
    • failure to act as an advocate
34
Q

identify strategies to minimize liability in nursing practice

A
  • Perform timely patient assessments and document your findings for every patient interaction.
  • Communicate all changes in your patient status to the primary health care provider and document those changes.
  • Use the proper chain of command to ensure appropriate and timely care when the primary healthcare provider is not available.
35
Q

Paternalism

A

This would occur, for example, if you think you know what is best for a competent client and then coerce the client to act as You Wish rather than to act as she wishes.

36
Q

Justice

A

Is the obligation to be fair. It implies equal treatment of all patients.

37
Q

Ethical dilemma

A

Is a situation in which a choice must be made between two equally undesirable actions. There is no clearly right or wrong option. Such situations are emotionally painful for everyone in the situation.

38
Q

Fraud

A

Is the false representation of significant facts by words or by conduct.
- It can occur through making false statements, falsifying documentation, or concealing information that should have been disclosed.

39
Q

Purpose of the ethics committee

A

These interdisciplinary committees typically include nurses, doctors, clergy, Ephesus, and lay Representatives. Ethics Committee develop guidelines and policies, provide education and counseling, and in the case of ethical dilemmas, review the case and provide a forum for the expression of the diverse perspectives for those involved

40
Q

What are Nurse Practice Acts?

A

Are statutory laws passed by each State’s legislative body that defined the practice of nursing. Nurse practice acts are designed to:

  • regulate nursing practice to protect the health, safety, and Welfare of the general public.
  • Define the scope of nursing practice.
  • Approve programs providing pre-licensure Nursing education to students.
41
Q

what is Regulatory law?

A

Reflects decisions made by administrative bodies

42
Q

what is common law?

A

A compilation of laws made by judges or courts is known as common law. Also referred to as case law, common law is based on common customs and tradition. It comes from legal principles and guidelines that judges use to determine the outcome of legal cases.

43
Q

what is criminal law?

A

deals with the wrongs or offenses against society. May result in prosecution by the state of federal government for engaging in behavior that constitutes a crime

44
Q

what is a felony?

A

involve crimes punishable by more than 1 year in jail

45
Q

what is good Samaritan law?

A

Laws designed to protect from liability those who provide emergency care to someone who is in need of medical services

46
Q

what is civil law?

A

In contrast to criminal law, in which the state or federal government brings charges against a person, civil law involves a dispute between individuals or entities. A settlement in civil often results in the guilty party paying monetary damages. The two types of civil law are contract law and tort law.

47
Q

what are standards of care?

A

the legal guidelines for nursing practice and provide the minimum acceptable nursing care

48
Q

what is a misdemeanor

A

Less serious crime that has a penalty of a fine or imprisonment for less than 1 year

49
Q

what is a tort?

A

Deals with wrongs done to one person by another person that do not involve contracts. A tort is a civil wrong and there are three types of tort quasi intentional torts, intentional torts, and unintentional torts.

50
Q

what is assault?

A

Occurs when a nurse intentionally places a patient in immediate fear of personal violence or offensive contact. An assault must include words expressing and intention to cause harm in some type of action.

51
Q

what is battery?

A

Is committed when an offense or harmful physical contact is made to the patient without his consent or there is unauthorized touching of a person’s body by another person.

52
Q

what is false imprisonment?

A

Is the restraining of a person without proper legal authorization. It includes any type of unjustified restriction on a person’s freedom of movement for example when nurses restrain patients without their permission or when patients are involuntarily committed to mental health units.

53
Q

what is slander?

A

Is this spoken or verbal form of defamation of character. A Person is not guilty of defamation of character of the statement made about the other person is true or if a person has the protection of a privilege such as reporting possible child abuse.

54
Q

what is libel?

A

Is a written or published form of defamation of character.

55
Q

what is negligence?

A

Is the failure to use ordinary or reasonable care or the failure to act in a reasonable and prudent manner.

56
Q

what is malpractice?

A

Malpractice has a similar definition, but applies only to professionals, such as nurses and Physicians. It is defined as the failure of a professional person to act in a reasonable and prudent manner.

57
Q

what is informed consent?

A

Is the permission for any and all types of care given by the patient with full knowledge of the risks, benefits, cost, and alternatives. For hospital admission and or invasive or specialized treatments or diagnostic procedures, the consent must be written and signed by the patient or the person legally responsible for the patient.