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nsg 310 > Topic 4 > Flashcards

Topic 4 Flashcards

1
Q

advanced directive

A

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

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2
Q

advocate

A

someone who speaks up for or acts on behalf of clients

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3
Q

autonomy

A

refers to the rights of an individual to choose, made own decisions and the ability to act on own choices

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4
Q

beneficence

A

the duty to promote good and prevent harm

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5
Q

informed consent

A

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

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6
Q

justice

A

obligation to be fair to all people

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7
Q

assault

A

where a client feels a THREAT of harm

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8
Q

malpractice

A

when negligence is committed by a professional healthcare provider the produced harm

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9
Q

nonmaleficence

A

not inflicting harm but preventing or removing harm

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10
Q

veracity

A

truthfulness is given and not lying or deceiving clients

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11
Q

Health Insurance Portability and Accountability Act (HIPAA)

A

the law which was enacted by congress in 1996 to govern privacy of health care information

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12
Q

ethical dilemma

A

where there is conflict between two or more ethical principles

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13
Q

negligence

A

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

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14
Q

fidelity

A

a nurse-client relationship to be faithful, keep commitment and promise of competent care

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15
Q

tort

A

legal term that refers to a private or civil wrong done to a person who files a lawsuit to recover damages for personal injury

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16
Q

confidentiality

A

duty of the health care provider to protect the secrecy of client information

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17
Q

breach of duty

A

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

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18
Q

battery

A

nonconsensual TOUCHING, even if touching is beneficial to a client

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19
Q

virtue-centric

A

this theory centers on the CHARACTER of the person acting

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20
Q

deontology

A

this theory asks “what is one obligated to do?” It focuses on the MORAL VALUE MINDEDNESS where everyone has inherit dignity and worth

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21
Q

utilitarianism

A

this theory places emphasis on the OUTCOME of the situation - greatest good for the greatest number

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22
Q

what are some rules for HCPs the provide privacy and confidentiality?

A

treat information as private
protect client privacy
HIPPA

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23
Q

The ANA code of ethics says the nurse has obligation to…

A

the client
to self
to colleagues
to the nursing profession

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24
Q

law

A

sum total of human-made rules designed to help people to maintain order in their society and settle their problems in a nondestructive manner

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25
Q

statutory law

A

established through the legislative process

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26
Q

common law

A

established by previous court decisions

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27
Q

public law

A

between government and individuals

28
Q

what are examples of public law

A

constitutional law
administrative law
criminal law

29
Q

private law

A

between individuals; government is not involved

30
Q

what are examples of private law

A

contract law
tort law

31
Q

what is the purpose of the nurse practice acts and the state board of nursing?

A

licensure and protection of health, safety and welfare of citizens/patient

32
Q

regulatory power

A

rules and regulations for licensure, education and practice

33
Q

adjudicatory power

A

investigate, hear, and decide on outcomes of complaints

34
Q

the boards of nursing can only…

A

limit or deny a nursing license

35
Q

what is the Administrative Procedure Act?

A

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

36
Q

what must the nurse know PER STATE about the nursing practice act?

A
  • boundaries
  • definitions of practice
  • areas for discipline on practice
  • procedures in place to protect the nurse for challenges for licensure
37
Q

What is the Americans with Disabilities Act ADA?

A

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)

38
Q

employment at will

A

the employer has the right to terminate employment for any reason “at will” but the employee has the same rights to quit

39
Q

contract law

A

agreement between two or more parties that creates a legal relationship
this can include express or implied contracts

40
Q

express contract

A

written or verbally agreed-to contract

41
Q

implied contract

A

a contract that comes about from the actions of the parties

42
Q

what are ways a legal termination of a contract can come about?

A

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

43
Q

What act has to do with labor laws?

A

National Labor Relations Act (NLRA)

44
Q

collective bargaining

A

Negotiations between representatives of labor unions and management to determine pay, hours and acceptable working conditions.

45
Q

if a nurse is apart of a union, what can they not do?

A

bargain individually with the employer

46
Q

what is the purpose of labor law compliance programs?

A

promote conformity to legal requirements by identifying potential concerns and correcting and preventing the recurrence of any identified problems

47
Q

Civil Service Reform Act of 1978

A

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.

48
Q

crimes

A

wrongs against the state

49
Q

unintentional tort

A

negligence and malpractice
assault and battery
false imprisonment
lack of informed consent
breach of confidentiality

50
Q

Negligence

A

occurs when a person fails to act in a reasonable manner under a given set of circumstances

51
Q

Malpractice

A

unreasonable conduct by a nurse or other professional- which is determined by a court of law

52
Q

what are the four elements of malpractice

A

duty, breach of duty, causation, damages

53
Q

duty

A

obligation to the client

54
Q

causation

A

a nurse’s action or inaction caused an injury and whether the injury was foreseeable

55
Q

damages

A

awarded only ig the client sustained injury or harm

56
Q

what are the special circumstances and procedural safeguards that give a reason fro nonconsensual touching to a patient?

A

to protect the client
to protect others
to protect property
(use least intrusive method)

57
Q

what are some special circumstances where a client does not give informed consent?

A

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)

58
Q

what is the informed consent procedure

A

the doctors the one who explains the procedure
the nurse as witness with provide a signature saying the consent procedure was witnessed

59
Q

false improsonment

A

unlawfully confined within a fixed area (follow the rules of restraint)

60
Q

breach of confidentiality

A

it is the duty of the HCP to protect the secrecy of clients information, no matter how it is obtained

61
Q

What does portability refer to in HIPPA

A

refers to protecting individuals from losing health insurance when leaving or changing jobs

62
Q

What does accountability refer to in HIPPA

A

refers to the governments authors over health care fraud and abuse

63
Q

Disaster Nursing

A

volunteer nurses
act in good faith and with in scope of practice
practice cross state boarders for emergencies
Good Samaritan Acts

64
Q

Good Samaritan Act

A

was developed to protect healthcare professionals from liability of any civil damages as a result of rendering emergency care

65
Q

to err is human (IOM 2004)

A

precautions are taken to avoid error, but they can still occur.
goal is to build a safer health system

nsg 310 (11 decks)

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