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management > Man: Test 4 Ch 4 &5 ethical and legal > Flashcards

Man: Test 4 Ch 4 &5 ethical and legal Flashcards

0
Q

— employers are held responsible for the nurse’s acts

A

Vicarious liability

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1
Q

—the nurse, physician, and employing organization are all held responsible

A

Joint liability

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2
Q

—master is responsible for the acts of his servants. An employer should be held legally responsible for the conduct of employees whose actions he or she has a right to direct or control.

A

Vicarious liability

Respondent superior

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3
Q

-Many exceptions exist
A. not liable for acts of employees
B. seen as service good of the people, hospital not sued nurse is liable

A

Vicarious liability
governmental
charitable

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4
Q

—every person is liable for his or her own conduct. The law does not permit a wrongdoer to avoid legal liability for his or her own wrongdoing, even though someone else also may be sued and held legally liable.
Ex: if a manager directs a subordinate to do something that both know to be improper, the injured party can recover damages against the subordinate even if the supervisor agreed to accept full responsibility for the delegation at the time.

A

Personal liability

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5
Q
  • does something or does not do something that a reasonable person would do, have to meet all 5 to win case , nonintentional tort
A

NEGLIGANCE/MALPRACTICE

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6
Q

—the care that should be given under the circumstances, established standard (what the reasonably prudent nurse would have done)
Ex: A nurse should give meds accurately, completely, and on time.

A

Duty to use due care

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7
Q

NEGLIGANCE/MALPRACTICE

A 
Duty to use due care
Breach of Duty
Forseeability of Harm
Relationship
injury
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8
Q

—failure to meet standard of care; not giving the care that should be given under the circumstances
Ex: A nurse fails to give meds accurately, completely, or on time

A

Breach of Duty

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9
Q
  • let the court know if there was a breach of duty
A

Expert witness

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10
Q

—the nurse must have reasonable access to information about whether the possibility of harm exists, don’t meet standard of care result in harm=average person could see, didn’t take steps to prevent from happening
Ex: Past C-section don’t generally give Pitocin to woman in labor= uterus ruptures b/c already know not good to initiate
-Declining to call doc and be persistent with no sign of urgency in an emergency

A

Forseeability of Harm

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11
Q

—a direct link between failure to meet the standard of care (breach) and injury can be proved; patient is harmed because proper care is not given/ complication come from the implementation
Ex: Wrong dosage causes the patient to have a convulsion

A

Relationship

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12
Q

—actual harm results to the patient, nothing happens in the end then will not be considered, If no injury occurred: no negligence, Hard to determine when psychological problem
Ex: Convulsion or other serious complication occur

A

injury

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13
Q

—conduct that makes a person fearful and produces a reasonable apprehension of harm
-Threatening a person, with the present ability to carry out the treat
Ex: if you don’t take this medicine I will restrain you or will medicate

A

Assault

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14
Q

intentional tort

A

Assault\battery\false imprisionment

defamation

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15
Q

—an intentional and wrongful physical contact with a person that entails an injury or offensive touching, done without permission, can be chemical

  • If there was a threat but no physical contact, the charge is simple
  • When there is a physical injury, no matter how slight, the charge is simple
A

Battery

  1. assault
  2. assault and battery
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16
Q

—the restraint of a person’s liberty of movement by another party who lacks the legal authority of justification to do so

  • Practitioners are held liable when they unlawfully restrain the movement of their patients.
  • Physical restraints should only be applied with direct order of a physician
  • patient who wishes to sign out against medical advice should not be held against his or her will.
A

False imprisonment

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17
Q

—communicating to a third party, false information that injures a person’s reputation -written
spoke

A

Defamation

  • libel
  • slander
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18
Q

—can be given only after the patient has received a complete explanation of the surgery, procedure, or treatment and indicates that he or she understands the risks and benefits related to it.

A

Informed Consent

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19
Q

—only a competent adult can legally sign the form that shows informed consent. No influence of medication

  • To be considered competent, patients must be capable of understanding the nature and consequences of the decisions and communicating their decision
  • Spouses or other family members cannot legally sign unless there is an approved guardianship or conservationship or unless they held a durable power of attorney for health care.
  • If the patient is younger than 16 years (18 in some states), a parent or guardian must generally give consent.
A

Informed Consent

Legal capacity

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20
Q

Voluntary actionComprehension-understand, pt say what they are having in their own words

A

informed consent

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21
Q

 Explanation of procedure
 Description of risks
 Benefits
 Alternative options
 Name of person performing procedure
 Statement of withdrawal allowed at anytime
-witness signature make sure they don’t have questions and they have agreed, can reinforce and give more explanation

A

Required Information

informed consent

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22
Q

-required health care organizations that receive federal funding (Medicaid and Medicare) to provide education for staff and patients on issues concerning treatment and EOL issues. About advanced directives

A

Patient Self-Determination Act

23
Q

—written instructions regarding desired end-of-life care, living will
-most address the use of dialysis and respirators; if you want to be resuscitated if breathing or heartbeat stops, tube feeding, and organ and tissue donation

A

Advanced Directives

24
Q

 ANA recommends:
 Assess if presently exists
 Provide pts with information on admission
 Encourage pt/family discussions

A

Advanced Directives

25
Q

—protects the privacy of health information and to improve the portability and continuity of health insurance coverage,, done with admission who’s okay to share with codes

A

Health Insurance Portability & Accountability Act of 1996 (HIPPA)

26
Q

-Going to pick what is good for the most number of people

A

Utilitarian

27
Q

-basic rights respected in the situation, make decision if it is a right or not
Ex: do they have the right to get liver if they are alcoholic / right of mother or infant

A

Rights based

28
Q
  • is it my job to do that in the situation Ex: save or not, duty to follow wishes of mother or preserve life
A

Duty based

29
Q
  • case by case basis Ex: this was a rape look different vs another abortion
A

Intuitionist

30
Q
  • freedom of choice, right to pick for self, Pt will make their own decision
A

Autonomy

31
Q

: the duty to do and maximize good, most good for most number of ppl

A

Beneficence

32
Q

: the duty to do no harm or to minimize harm

A

Nonmaleficence

33
Q

-one person assumes authority to make decision of other Ex: what age should they decide, Limits freedom of choice, Justified only to prevent a person from coming to harm , Overbearing or not making the correct medical decision

A

Paternalism

34
Q
  • who will it help do the most good Ex: triaging in a disaster
A

Utility

35
Q

-treating all people equally and fairly

A

Justice

36
Q

-truth telling, or acceptability of deception, waiting to tell a diagnosis honest and answers truthfully

A

Veracity

37
Q

-keep promises

A

Fidelity

38
Q
  • keep privileged information private
A

Confidentiality

39
Q 
	Identify the Problem
	Gather Data
	Explore and Evaluate Alternatives
	Select a Solution
	Implement
	Evaluate Results
A

Traditional Problem-Solving Model

40
Q

Weakness lies in the amount of time needed for proper implementation and lack of an initial objective-setting step

A

Traditional Problem-Solving Model

41
Q

Many individuals use at least some of these steps in their decision making, although the frequently fail to generate an adequate number of alternatives or to evaluate the results

A

Traditional Problem-Solving Model

42
Q

 Incorporates the nursing process and principles of biomedical ethics. Especially useful in clarifying ethical problems that result from confliction obligations

A

MORAL Decision-

43
Q

 - Collect data about the ethical problem and who should be involved in the decision-making process.

A

Massage the dilemma

44
Q

 - Identify alternatives, and analyze the causes and consequences of each

A

Outline options

45
Q

 - Weigh the options against the values of those involved in the decision. This may be done through a weighting or grid.

A

Review criteria and resolve

46
Q

 - Develop the implementation strategy

A

Affirm position and act

47
Q

 - Evaluate the decision making

A

Look back

48
Q
  • the cyclical nature of the process allows for feedback to occur at any step. It does not, however, require clear problem identification
A

Nursing Process

49
Q
  • records of unusual or unexpected occurance that occur in the course of a client’s treatment
     Used to help defend the health agency against lawsuits brought by clients, the reports are generally considered confidential communication and CANNOT be subpoenaed by clients or used as evidence in their lawsuits in most states
A

Incident Report

50
Q

 If it was inadvertently disclosed to the patient, it is no longer considered confidential
 should not be left in the chart and no entry should be made into their record about the existence, however, enough information about the incident or occurrence should be charted so that appropriate treatment can be given.

A

Incident Report

51
Q
  • Source of information people seek to help them make decisions about their healthcare
     Nurses have a legal responsibility for accurately recording appropriate information
A

Medical Records

52
Q

 Patients own the information in it the actual record belongs to the facility that originally made the item and is storing it
 A patient who wishes to inspect their info must make a written request and pay reasonable clerical costs to make such item available
 IF IT’S NOT DOCUMENTED…. IT DIDN’T HAPPEN

A

Medical Records

53
Q

s—directed at ensuring strong privacy protections for patient without threatening access to care

  • applies to health plans, health-care clearinghouses, and health care providers.
  • Covers all patient records and other individually identifiable health information.
A

HIPPA 2. Privacy Rule

54
Q

—directed at restricting the coding of health information to simplify the digital exchange of information among health care providers and to improve the efficiency of health care delivery

A

HIPPA 1. Simplification Plan

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