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Legal Ethical > Test 1 > Flashcards

Test 1 Flashcards

1
Q

What are the MO board of nursing disciplines?

A

Censure, probation, suspension, revocation

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2
Q

What are the KS board of nursing disciplines?

A

Denied, limited, revoked, suspended, stay of suspension, private censure, public censure

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3
Q

Censure

A

Basically a point on your license, if you receive enough you will be disciplined further

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4
Q

Probation

A

imposes additional terms and conditions to a license

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5
Q

suspension (suspended)

A

nurse may not practice, but still retains license

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6
Q

revocation (revoked)

A

nurse may not practice, does not retain license

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7
Q

A license is considered…?

A

your property

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8
Q

Since a license is property, legally it…?

A

cannot be taken without due process, is subject to regulation, can be taken/restricted with just cause, and just cause must be proven by the state

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9
Q

State Board of Nursing

A

Administrative arm of state government and serves as the legal body to oversee the practice of nursing in the state

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10
Q

What does the practice committee do?

A

Assists the BON in developing strategies to address current and evolving issues r/t nursing and acts as a resource to the public, nurses, employers

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11
Q

What does the executive committee do?

A

Provide leadership in making decision r/t protocols, operating budget, etc..

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12
Q

What does the education committee do?

A

Assist the board in safeguarding the health and welfare of the public

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13
Q

What does the licensure committee do?

A

Assist the board in developing, refining, and monitoring policies and procedures relevant to licensure by examination, endorsement, and renewal

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14
Q

What does the discipline committee do?

A

guards the public through vigilance of the licensee’s compliance with the Nursing Practice Act.

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15
Q

Where can complaints come from?

A

Individuals, employers, public entities, nurses, other agencies, the BON

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16
Q

I-M-N-F-M-D?

A

Incompetency, misconduct, gross negligence, fraud, misrepresentation, or dishonesty

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17
Q

Enabling?

A

Violating the NPA or assisting and/or enabling another person to violate the NPA

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18
Q

What is NURSYS?

A

Centralized data bank of regulatory information on nurses, each state reports disciplinary actions to NURSYS

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19
Q

Religious Suffering

A

Viewed as a dichotomy. It is part of human existence, character and empathy is develops, highest duty to care for the suffering

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20
Q

Philosophical Suffering

A

It is part of human condition, humans have right to avoid suffering. Drives assisted suicide argument.

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21
Q

Medical Suffering

A

If there were no suffering, there would be no need for health care

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22
Q

Personal Suffering

A

Value in being a “wounded healer”, those who suffer can more closely connect with the suffering

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23
Q

Compassion

A

The antidote to suffering. It is the awareness of the suffering and a wish to relieve it.

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24
Q

Where to Values arise from?

A

Faith belief, culture, upbringing, society, philosophy, experience

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25
Q

Morals

A

Outward expression of values

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26
Q

Ethics

A

Approaches to life events that drive decisions, arise from personal value systems

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27
Q

Ethical dilemma

A

situation in which an individual is compelled to choose b/w two actions that will generate a quandary

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28
Q

Deontology

A

Humans have the duty to do the right thing. The duty relies on the action itself, not necessarily the outcome

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29
Q

Teleology

A

Utilitarianism/Consequentialism the right/wrongness of an action is based on the consequences not necessarily the action itself. Do the most good for the most people.

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30
Q

Nursing ethical principles

A

Nonmaleficence, beneficence, autonomy, justice, veracity, fidelity, respect/compassion, privacy/confidentiality

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31
Q

Nonmaleficence

A

do no harm

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32
Q

beneficence

A

to promote good

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33
Q

autonomy

A

the right to choose for oneself

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34
Q

justice

A

the obligation to be fair to all people

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35
Q

veracity

A

to be truthful in both commission and omission

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36
Q

fidelity

A

loyalty to another, faithful, to keep promises

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37
Q

respect/compassion

A

to treat with worth and dignity

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38
Q

privacy/confidentiality

A

respecting the right for non-disclosure, protecting disclosed information

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39
Q

Nursing code of ethics

A

respect, primary commitment, promotes/protects the health/safety/right of patient, accountability, owes duties to self, maintain/improve healthcare environments, advances profession, collaboration, responsible for the integrity of the profession and shaping social policy.

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40
Q

Standards of Practice

A

Assessment, diagnosis, outcomes identification, planning, implementation, evaluation

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41
Q

Implementation (standard of practice)

A

Prescriptive authority and treatment, Consultation,

Coordination of care, Health teaching and promotion

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42
Q

Standards of Professional Practice

A

Leadership, resource utilization, evaluation, environmental health, education, quality of practice, R&D, communication, collab, ethics

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43
Q

Aikens Decision making model

A

collect/analyze/interpret data, state dilemma, consider choices of action, analyze advan/disadvan of each option, make decision

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44
Q

Pro/con of Aikens

A

Pro - organized, nursing process orientated

Con - no action after decision, no evaluation

45
Q

ETHICAL decision making model

A

Examine the dilemma
Thoroughly comprehend possible alternatives
Hypothesize arguments
Investigate/compare/eval arguments for each alternative
Choose the alternative
Act on chosen alternative
Look at the dilemma & examine outcome

46
Q

What is APRNing?

A

minimum masters; clinical nurse specialist, midwife, anesthetist, practitioner, cert exam by profession (not state), separate license by state

47
Q

the 2 measures of appropriate practice

A

must meet all ongoing requirements of license, meet the legal standard of care for nurses

48
Q

3 branches of government?

A

legislative (statutory), executive (administrative), judicial (judicial)

49
Q

law is organized into 3 categories:

A

criminal (against society), civil (against individuals), administrative violations (violation of regulations)

50
Q

Criminal Law

A

either misdemeanor or felony, government is always prosecutor

51
Q

Civil Law

A

Wrongs b/w individuals, wronged person receives damages (payment for restitution or a prohibition of the wrongful behavior

52
Q

Major areas of civil law:

A

contracts, employment, torts, business, family, probate, property, etc…

53
Q

Torts

A

A civil wrong for which a remedy may be obtained, usually in the form of damages or a breach of a duty that the law imposes on everyone in the same relation to one another

54
Q

Types of Torts

A

assault, battery, false imprisonment, trespassing, conversion, negligence, defamation, invasion of privacy, intentional/negligent infliction of emotional distress, misrepresentation, strict liability, products liability

55
Q

Battery

A

a harmful, offensive, or non-permitted contact with another, must be intentional

56
Q

Assault

A

Apprehension of an imminent harmful contact, words not enough need action also.

57
Q

False imprisonment

A

a sufficient act of restraint in a bounded area; patient must believe they are not free to leave and can not leave

58
Q

Conversion

A

unauthorized taking or destruction of someone else’s possessions.
Theft(also criminal), coercion, borrowed and damaged, borrowed without consent

59
Q

Misrepresentation

A

misleading someone else, who relies on your expertise, in order for you to achieve personal gain of some kind.

60
Q

infliction of emotional distress, intentional or not

A

behavior causes severe emotional suffering to the patient or family member and accompanies physical harm

61
Q

defamation

A

a published, untrue statement about someone that damages their reputation, includes both slander (spoken) and libel (written)

62
Q

conflict

A

opposing action of incompatibles, a fight

63
Q

types of conflict

A

intrapersonal, interpersonal, intragroup, intergroup

64
Q

destructive conflict

A

feelings of anger/frustration, judgemental actions, parties do not have needs met, refuse to deal with issues

65
Q

constructive conflict

A

win-win solutions, open communications, needs being met, opposite of destructive

66
Q

Conflict process

A

5 stages: potential opposition/incompatibility, congnition/personalization, intentions, behavior, outcomes

67
Q

Stage 1: Potential opposition or incompatibility

A

Antecedent conditions: communication, structure, personal values

68
Q

Stage 2: Cognition and personalization

A

Perceived or felt conflict

69
Q

Stage 3: Intentions

A

Conflict handling intentions: competing, collaborating, compromising, avoiding, accommodating

70
Q

Stage 4: Behavior

A

Overt conflict: Party’s behavior and other’s reactions

71
Q

Stage 5: Outcomes

A

Increased or decreased group performance

72
Q

Avoiding

A

Least assertive, least cooperative. conflict may grow as it is not addressed; diplomatically postpones an issue til a better time

73
Q

Accommodating

A

high cooperative/low assertiveness. Individuals may neglect own needs; better ideas mean better rewards. Use this when outmatched and losing

74
Q

Competing

A

high assertiveness, low cooperation. pursue own needs over groups; when an important/unpopular action needs to occur

75
Q

Compromising

A

mid assertive/cooperation. when collaborating and competing fail, temp solution; difficult for everyone to compromise

76
Q

Collaboration

A

high assertive/cooperation. Inefficient, unwise decisions; generates more solutions, more win-win

77
Q

Core principles of communication

A

Makes others the focus
Pay attention to detail
Effective communication can be learned

78
Q

What makes people feel valued?

A

Emotional engagement, effective listening, giving feedback, positive nonverbal messages

79
Q

What makes you a good communicator?

A

Skill(not talent), finding common ground, keeping it simple, being interested, being inspiring, being congruent (trust).

80
Q

Communication up?

A

Dominant or passive-aggresive boss: both should be prepared, informed, offers solutions, available, professional

81
Q

Communication down?

A

Abandon business-speak, pick language carefully, know when to hold/share

82
Q

Methods of communication?

A

video/phone conference, voicemail, email/text, inperson

83
Q

Best mode of communication?

A

Either in person or audio/video conference with graphic and text support

84
Q

Standards for HIT (health information technology)

A

HIPAA, HHS, AACN, there are no tele-health skills or certifications (HHS working on this)

85
Q

Negligence

A

Unintentional TORT. Harm occurs d/t carelessness. Malpractice is negligence. Negligence is when Standard of Care is violated.

86
Q

Gross Negligence

A

Excessive and/or deliberate carelessness

87
Q

Negligence per se refers to:

A

self-evident negligence, violation of a specific statute/regulation (harm from violation to a person the statute intended to protect)

88
Q

4 Elements of negligence:

A

Duty, breach, causation, harm

89
Q

Duty?

A

Starts when you assume care of the patient, volunteering, providing care related to nursing expertise

90
Q

What duties do we owe to patients?

A

protect, report when needed/required, obtain necessary medical care, educate, monitor to level needed, assess, advocate, basically the LEGAL standard of care

91
Q

What is the legal standard of care?

A

The average degree of skill, care, and diligence exercised by members of the same profession under the same or similar circumstances. Licensure = minimum
SOC = average skill

92
Q

Breach (of duty)

A

violation of SOC: failing to fulfill a duty, omitting a duty, or performing a duty below standard

93
Q

Who/what determines duty, breach, and SOC?

A

fed/state law, regulatory agencies, nursing orgs, other orgs, policies/procedures, education, nursing/experts/literature

94
Q

Federal/state laws r/t SOC

A

Determine legal definitions, each state different

95
Q

Regulatory agencies r/t SOC

A

Fed agencies: Medicare, HIPAA

96
Q

Nursing orgs r/t SOC

A

Define professional minimum SOC. ANA establishes general SOC. Specialty orgs establish specialty SOC

97
Q

Other orgs r/t SOC

A

AMA, american diabetic association, AHA

98
Q

Policy/procedures/guidelines r/t SOC

A

Establishes the nursing standard of care within your facility, must know these, includes printed instructions for meds/equip/supplies

99
Q

Education/Literature r/t SOC

A

Level of education determines legal parameters of practice. Literature cited by P/P can be used to establish SOC in each agency

100
Q

Nurse experts r/t SOC

A

Nurses who lead the field, have expertise in a certain area, can establish benchmarks, can testify in court

101
Q

The COURTS

A

fed/state CIVIL courts determine if SOC is met with: nurse expert, fact witness, any sources for SOC.
Fed/state CRIMINAL court penalize nurses who violate CRIMINAL laws

102
Q

Causation

A

Even if nurse does absolute best, if SOC is not met then negligence occurs only if it results in harm to a patient. 2 types of causation: direct/proximal

103
Q

Direct Causation (but-for)

A

the nurse’s action was a substantial factor to cause damages

104
Q

Proximal causation (foreseeability)

A

there is a “more likely than not” chance that the nurse’s action caused the harm and the nurse could/should have foreseen that their actions would result in harm to the patient; an unbroken chain of events flowing form the breach

105
Q

Harm

A

harm that occurs to the person as a consequence of negligent action. can be physical, emotional, economic

106
Q

So.. back to malpractice/professional negligence… this only occurs WHEN:

A 
SOC not met AND: 
A duty existed AND
The duty was breached AND
The breach CAUSED
Harm to occur
Even if unintentional
107
Q

State BON can discipline malpractice if:

A

sued or not in civil court, found liable in civil court, crimes committed or “no contest” pleas, or breach of the NPA even if patient is not involved

108
Q

Even if BON doesn’t discipline

A

A nurse can still be sued and/or prosecuted for a crime

109
Q

Can the nurse be prosecuted in criminal court, sued in civil court, and disciplined by BON all at the same time?

A

OF COURSE

Legal Ethical (1 decks)

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