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FUNDALEC103-MID&FIs > MOD9- ETHICO-LEGAL CONSIDERATION IN NURSING > Flashcards

MOD9- ETHICO-LEGAL CONSIDERATION IN NURSING Flashcards

1
Q

moral principles that govern a person’s behavior or the conducting of an activity

A

ETHICS

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2
Q

the word law is derived form ______ term

A

ANGLO-SAXON

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3
Q

What is the anglo-saxon meaning of the term law?

A

laid down or fixed

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4
Q

is a rule of civil conduct prescribed the supreme power in the state commanding what is right and prohibiting what is wrong

A

LAW

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5
Q

responsive to changing needs, roles, and relationships in society. As the nursing profession has continued to evolve, the scope of applicable law has enlarged considerably

A

LAW (it is like nursing)

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6
Q

is a penalty of sanction suffered by a nurse if found guilty of violation of any of the existing laws in the Philippines and their implementing rules and regulation

A

LIABILITY

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7
Q

THREE KINDS OF LIABILITIES

A
  • ADMINISTRATIVE
  • CIVIL
  • CRIMINAL
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8
Q

A liability that occurred for a violation of any administrative or regulatory
law in the Philippines.

A

ADMINISTRATIVE LIABILITY

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9
Q

which is the administrative or regulatory law that regulates of governs practice of nursing in the Philippines.

A

Philippine Nursing Act of 2002, RA 9173

RA 9173-

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10
Q

The law provides for grounds of reasons for reprimand, suspension or
revocation of a license to practice nursing in the Philippines.

A

RA 9173

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11
Q

WHEN filing a complaint where should you file, applying for license

A

PRC- PROFESSIONAL REGULATION COMMISSION

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12
Q

refers to a professional person’s wrongful conduct, improper
discharge of professional duties, or failure to meet the standards of
acceptable care that results in harm to another person

(Zerwekh & Claborn, 2008).

A

Malpractice (MISTAKES)

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13
Q

GIVING THE WRONG DOSAGE

A

ERROR IN MEDICATION

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14
Q

STARTING THE WRONG IV, wrong way of insertion of catheter,

A

ROUTINE PROCEDURE ERROR

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15
Q

acting upon a client without documentation

A

DOCUMENTATION MISTAKES

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16
Q

is the failure of an individual to provide care that a reasonable person would ordinarily use in a similar circumstance. In other words, action that is contrary to the conduct of a reasonable person and results in harm is considered to be negligent behavior. When a nurse commits a negligent act that results in injury, it is known as malpractice.

A

NEGLIGENCE (BREACH OF DUTY)

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17
Q

Proof of liability depends on four elements:

A
  1. DUTY
  2. BREACH OF DUTY (did not act upon duty)
  3. INJURY (fell, got harmed)
  4. CAUSATION (what caused the harm)
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18
Q

is an obligation created either by law or contract or by any voluntary action. It is the first element that must be proved for malpractice.

A

Duty

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19
Q

occurs when a nurse fails to act in accord with the standard of care. An act of
commission or omission of the nurse may constitute a breach of the standard of care.

A

Breach of duty

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20
Q

(physical, financial, or emotional harm) must be demonstrated by the person making the claim to prove negligence.

A

Injury

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21
Q

is the breach of duty that must be proved to have legally caused the injury. A
cause-and-effect relationship must be clearly established.

A

Causation

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22
Q

which impose a penalty of damages in the form of payment or compensation. The basis of the damage suffered by the aggrieved party, on the account of the supposed negligence of the nurse.

A

CIVIL LIABILITY

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23
Q

FOR A CIVIL LIABILITY WHERE DO U FILE?

A

TRIAL COURT

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24
Q

The law: the law existing and applicable to this kind of liability is the

A

RA 386 or civil code of the Philippines.

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25
Q

law took effect on August 30, 1950 and covers the following aspect of human
life: persons and family relations, property rights and ownership, the modes of
acquiring ownership, obligations and contracts, and special contracts.

A

RA 386

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26
Q

It compensates the aggrieved party for his or her supposed misery in being a victim of a nurse.

A

RA 386

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27
Q

wrongful act or an infringement of a right that causes a claimant to
suffer loss or harm, resulting in legal liability for the person who commits
a tortious act example negligence, malpractice and breach in
confidentiality.

A

TORT

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28
Q

Civil liabilities from contracts occurs when

A

nurse commits fault or negligence resulting to a breach of contract to provide safe nursing care to patients.

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29
Q

the nurse commits the wrongful act which liability

A

PRIMARY LIABILITY

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30
Q

WHEN THE EMPLOYER MAY BE LIABLE FOR THE NEGLIGENT ACT OF ITS EMPLOYEE

A

SECONDARY LIABILITY

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31
Q

is that incurred by a guilty nurse with imprisonment and or fine as penalty imposed. After trial or hearing. If found guilty beyond reasonable doubt of the crime charged the judge reads a verdict of guilty of and imposes a penalty of imprisonment and or fine.

A

CRIMINAL LIABILITY

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32
Q

IN CASE OF DEATH what are the penalties

A
  • imprisonment

- damages usually awarded to the heir of the victim.

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33
Q

CRIMINAL LIABILITY is filed where?

A

Public Prosecutors Office then Court.

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34
Q

what are the two categories of crime under the revise penal code?

A
  • intentional felonies

- criminal negligence

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35
Q

which are committed by means of deceit. There is a deceit when an act is committed with malice or deliberate intent.

A

Intentional felonies,

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36
Q

which are committed by means of fault. There is fault when the wrongful act results from negligence, imprudence lack of foresight or lack of skills

A

Criminal negligence,

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37
Q

lack of foresight or lack of skills

A

IMPRUDENCE

38
Q

is deficiency of action.

A

IMPRUDENCE

39
Q

is deficiency of perception

A

Negligence

40
Q

means that the client understands the reason for the proposed intervention, and its benefits and risks, and agrees to the treatment by signing a consent form

A

Informed consent

41
Q

is a voluntary act by which a person agrees to allow someone else to do something.

A

consent

42
Q

BEFORE a surgery the patient must have ______

A

informed consent, know what will occur, why and the process

43
Q

T OR F: you can allow a person under the age of 18 to sign their consent form

A

FALSE: their guardians must sign bc they’re under the legal age

44
Q

T OR F: client must be mentally competent to give consent for medical procedure

A

T

45
Q

IF PATIENT REFUSES WHAT MUST YOU DO

A
  • let patient sign REFUSAL CONSENT FORM
  • DOCUMENT that the patient has refused treatment\
  • inform the physician, and document this part too
46
Q

in an emergency case, the patient needs surgery asap but no guardian. IS it okay to perform the surgery without a signed consent?

A

YES, this is an exception as it is an emergency, the patient can sign after the surgery.

47
Q

when should you obtain consent of the patient or guardian?

A

BEFORE TREATMENT

48
Q

what are the three exceptions to informed consent

A
  • emergency
  • minor is sufficient (no existing relative)
  • court order/ legal authorization
49
Q

what guides your nursing ethics?

A

American Nurses Association (ANA) Guide to the Code of Ethics for Nurses
(2008)

50
Q

such as keeping the door to the client’s room closed, knocking
before entering the client’s room, closing the curtains around the bed
before exposing the client, and draping the client appropriately for
procedures.

A

PRIVACY

51
Q

who is excluded from confidentiality?

A
  • doctors

- health care team members involved in the patient’s treatment

52
Q

occurs when information is communicated to a third party that causes damage to someone else’s reputation

A

Defamation

53
Q

damage to someone else’s reputation either in writing (___) or verbally ().

A

libel, slander

54
Q

Under this law: Right to Privacy and Confidentiality: The privacy of the patients must assured at all stages of treatment. The patient has the right to be free from unwarranted public exposure except:

A

Magna Carta of Patient’s Rights and Obligation:

55
Q

exceptions to privacy and confidentiality

A
  1. When his mental or physical condition is in controversy and an appropriate court requires him to
    submit physical or mental examination by a physician
  2. When the public health and safety so demand
  3. When the patient waives his right in writing.
56
Q

The healthcare institution shall safeguard the confidentiality of the
medical records and to ensure the integrity and authenticity of the medical records.

A

Right to Medical Records:

57
Q

results from a deliberate deception intended to produce unlawful gain.

A

Fraud

58
Q

Nursing activities to deter fraud include the following:

A

Documenting facts accurately

  • Reporting illegal activities
  • Educating peers and the public as to what constitutes fraud
59
Q

obtaining and using false credentials and falsifying medical records.
include overcharging for services and billing for services that were not provided.

A

FRAUD

60
Q

is the branch of philosophy that examines the differences between
right and wrong. Simply put, ethics is the study of the rightness of
conduct. deals with one’s responsibilities (duties and obligations)
as defined by logical argument.

A

Ethics

61
Q

looks at human behavior—what people do under what type of
circumstances. But ethics is not merely a philosophical discussion; ethical
persons put their beliefs into action.. foLLOWS law

A

Ethics

62
Q

is behavior in accordance with custom or tradition and usually reflects
personal or religious beliefs.

A

Morality

63
Q

is the free, rational, and publicly stated assessment of alternative
actions in relation to theories, principles, and rules. is rooted in the
legal system and reflects the political values of our society.

A

ETHICS

64
Q

is a person’s desire to maintain his or her right to die.

A

moral belief

65
Q

is the practice of parents’ teaching their children the importance of telling the truth.

A

ethical belief

66
Q

According to _______ , the following
contribute to the occasional discrepancies between law and ethics:

Ethical opinions reflect individual differences.

Human behavior and motivation are too complex to be accurately reflected in law.

The legal system judges action rather than intention.

Laws change according to social and political influences.

Professional nursing actions are both legal and ethical.

A

Burkhardt and Nathaniel (2007)

67
Q

LAW CHANGES according to what?

A

social and political influences

68
Q

are tenets that direct or govern actions. They are widely

accepted and generally are based on the humane aspects of society.

A

Ethical principles

69
Q

is defined as a situation requiring a choice between two equally
desirable or undesirable alternatives.

A

dilemma

70
Q

Too many patients but scarce resources( How to provide proper care)
Don’t resuscitate
Euthanasia
Treatment of terminally ill patient like end stage cancer, HIV etc
Rights of psychiatry patient etc.
Incompetent health care provider
Refusal to treatment

A

Ethical Dilemmas

71
Q

principle of autonomy refers to the individual’s right to choose and the
ability to act on that choice. The individuality of each person is respected when
autonomy is maintained.

A

Autonomy

72
Q

means that the nurse accepts the client’s choices, even when those choices are not in the client’s best interests.

A

Autonomy

73
Q

Smoking after a diagnosis of emphysema or lung cancer

Refusing to take medication

Continuing to drink alcohol when one has cirrhosis

Refusing to receive a blood transfusion because of religious beliefs

A

AUTONOMY

74
Q

is the duty to cause no harm to others. Harm can take many forms: physiological, psychological, social, or spiritual. refers to both actual harm and the risk of harm.

A

Nonmaleficence

75
Q

requires that the nurse act thoughtfully and carefully, weighing the potential risks and benefits of research or treatment

‘‘Will this treatment modality cause more harm or more good to the client?’’

A

Nonmaleficence

76
Q

is considered a fundamental duty of health care providers. Both
nursing’s Nightingale Pledge and medicine’s Hippocratic Oath state that
providers are to cause no harm to clients.

A

Nonmaleficence

77
Q

is an oath of ethics historically taken by physicians

A

The Hippocratic Oath

78
Q

is an oath of ethics taken by nurses

A

Nightingale Pledge

79
Q

the nurse practices according to professional and legal standards of care. The question most frequently asked in court of a nurse

A

‘‘Did you cause any harm?’’ - NONMALEFICENCE

80
Q

Stopping medication knowing it is harmful to patient’s health

A

NONMALEFICENCE- aka this is providing safety to patient

81
Q

the ethical principle that means the duty to promote good and to
prevent harm.

A

Beneficence

82
Q

two elements of beneficence

A
  1. Providing benefit

2. Balancing benefits and harms

83
Q

an occurrence in which health care providers decide what is ‘‘best’’ for clients and then attempt to coerce (or ‘‘encourage’’) them to act against their own choices.

A

paternalism

84
Q

based on the concept of fairness. The major health-related issues of justice involve fair treatment of individuals and allocation of resource distribution.

A

Justice

85
Q

means truthfulness, neither lying nor deceiving others.

A

Veracity

86
Q

Deception can take many forms:

A

intentional lying,
nondisclosure of information, or partial disclosure of
information.

87
Q

often is difficult to achieve. It may not be
difficult to tell the truth, but it is not always easy to decide how
much truth to tell.

A

Veracity

88
Q

which is the ethical foundation of nurse-client relationships, means faithfulness and keeping promises. Clients have an ethical right to expect nurses to act
in their best interests. As nurses function in the role of client advocate (a person who speaks up for or acts on behalf of the client), they are upholding the principle of

A

Fidelity

89
Q

is a guideline for performance and standards and personal responsibility.

A

Code of ethics

90
Q

Code of ethics is a guideline for performance and

standards and personal responsibility.

A

-Lillie M S and Juanita Lee

FUNDALEC103-MID&FIs (10 decks)

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