Topic 4 Flashcards
advanced directive
document where written instructions are recognized under state law related to the provision of medical care when an individual is incapacitated and unable to state desired care
advocate
someone who speaks up for or acts on behalf of clients
autonomy
refers to the rights of an individual to choose, made own decisions and the ability to act on own choices
beneficence
the duty to promote good and prevent harm
informed consent
A person’s agreement to allow something to happen based upon a full disclosure and explanation of facts needed fro a client to make an intelligent decision. May include information about procedures, treatments, options and consequences of refusal
justice
obligation to be fair to all people
assault
where a client feels a THREAT of harm
malpractice
when negligence is committed by a professional healthcare provider the produced harm
nonmaleficence
not inflicting harm but preventing or removing harm
veracity
truthfulness is given and not lying or deceiving clients
Health Insurance Portability and Accountability Act (HIPAA)
the law which was enacted by congress in 1996 to govern privacy of health care information
ethical dilemma
where there is conflict between two or more ethical principles
negligence
conduct that falls below the standard of care where this act constitutes doing something a reasonable and prudent nurse would not do
*occurs when a person fails to act in a reasonable manner under a given set of circumstances
fidelity
a nurse-client relationship to be faithful, keep commitment and promise of competent care
tort
legal term that refers to a private or civil wrong done to a person who files a lawsuit to recover damages for personal injury
confidentiality
duty of the health care provider to protect the secrecy of client information
breach of duty
nurse conduct violates the duty to client; a legal determination related to the nurses conduct as to whether the nurse did not fulfill or comply with reasonable standards of care
battery
nonconsensual TOUCHING, even if touching is beneficial to a client
virtue-centric
this theory centers on the CHARACTER of the person acting
deontology
this theory asks “what is one obligated to do?” It focuses on the MORAL VALUE MINDEDNESS where everyone has inherit dignity and worth
utilitarianism
this theory places emphasis on the OUTCOME of the situation - greatest good for the greatest number
what are some rules for HCPs the provide privacy and confidentiality?
treat information as private
protect client privacy
HIPPA
The ANA code of ethics says the nurse has obligation to…
the client
to self
to colleagues
to the nursing profession
law
sum total of human-made rules designed to help people to maintain order in their society and settle their problems in a nondestructive manner
statutory law
established through the legislative process
common law
established by previous court decisions
public law
between government and individuals
what are examples of public law
constitutional law
administrative law
criminal law
private law
between individuals; government is not involved
what are examples of private law
contract law
tort law
what is the purpose of the nurse practice acts and the state board of nursing?
licensure and protection of health, safety and welfare of citizens/patient
regulatory power
rules and regulations for licensure, education and practice
adjudicatory power
investigate, hear, and decide on outcomes of complaints
the boards of nursing can only…
limit or deny a nursing license
what is the Administrative Procedure Act?
agencies must provide a fair hearing where individuals can present evidence, cross-examine witnesses, and have legal representation. It also requires agencies to provide a written decision explaination for their reasoning and potentially appeal if they believe their rights have been violated
what must the nurse know PER STATE about the nursing practice act?
- boundaries
- definitions of practice
- areas for discipline on practice
- procedures in place to protect the nurse for challenges for licensure
What is the Americans with Disabilities Act ADA?
Prohibits discrimination against qualified persons with disabilities in employment
A nurse with disabilities have access to practice as long as it is consistent with patient safety (confidentiality)
employment at will
the employer has the right to terminate employment for any reason “at will” but the employee has the same rights to quit
contract law
agreement between two or more parties that creates a legal relationship
this can include express or implied contracts
express contract
written or verbally agreed-to contract
implied contract
a contract that comes about from the actions of the parties
what are ways a legal termination of a contract can come about?
when the contract is completely performed (terms have been met)
both parties agree to change to annul contract
when it becomes impossible to complete (ex: death)
when contract is breached (one party fails to meet agreements)- in this case other party can sue
What act has to do with labor laws?
National Labor Relations Act (NLRA)
collective bargaining
Negotiations between representatives of labor unions and management to determine pay, hours and acceptable working conditions.
if a nurse is apart of a union, what can they not do?
bargain individually with the employer
what is the purpose of labor law compliance programs?
promote conformity to legal requirements by identifying potential concerns and correcting and preventing the recurrence of any identified problems
Civil Service Reform Act of 1978
federal employees such as nurses who work for the veterans administration
*aimed to create a more efficient, professional, and accountable federal workforce by promoting merit-based hiring, performance evaluation, employee rights, and training opportunities.
crimes
wrongs against the state
unintentional tort
negligence and malpractice
assault and battery
false imprisonment
lack of informed consent
breach of confidentiality
Negligence
occurs when a person fails to act in a reasonable manner under a given set of circumstances
Malpractice
unreasonable conduct by a nurse or other professional- which is determined by a court of law
what are the four elements of malpractice
duty, breach of duty, causation, damages
duty
obligation to the client
causation
a nurse’s action or inaction caused an injury and whether the injury was foreseeable
damages
awarded only ig the client sustained injury or harm
what are the special circumstances and procedural safeguards that give a reason fro nonconsensual touching to a patient?
to protect the client
to protect others
to protect property
(use least intrusive method)
what are some special circumstances where a client does not give informed consent?
emergency situations
therapeutic privilege (some courts allow a provider to avoid full disclosure to a client if it will lead to further harm)
implied consent (if you call an ambulance you gave consent)
what is the informed consent procedure
the doctors the one who explains the procedure
the nurse as witness with provide a signature saying the consent procedure was witnessed
false improsonment
unlawfully confined within a fixed area (follow the rules of restraint)
breach of confidentiality
it is the duty of the HCP to protect the secrecy of clients information, no matter how it is obtained
What does portability refer to in HIPPA
refers to protecting individuals from losing health insurance when leaving or changing jobs
What does accountability refer to in HIPPA
refers to the governments authors over health care fraud and abuse
Disaster Nursing
volunteer nurses
act in good faith and with in scope of practice
practice cross state boarders for emergencies
Good Samaritan Acts
Good Samaritan Act
was developed to protect healthcare professionals from liability of any civil damages as a result of rendering emergency care
to err is human (IOM 2004)
precautions are taken to avoid error, but they can still occur.
goal is to build a safer health system
