X Foundations - Legal & Ethical Flashcards
Doctrine of INFORMED CONSENT
patient needs to know all possible foreseeable outcomes of procedure. what happens if patient does or does not go through with surgery
Who’s responsibility to obtain ‘Informed Consent’?
Doctor
Can a nurse obtain Informed Consent?
A nurse can get a patient to sign informed consent document if the doctor asks the nurse to obtain the sig.
Can nurse sign Informed Consent doc?
yes, as a witness to patient signing.
If patient doesn’t seem well informed, should nurse still get sig?
No, get doc to ensure patient understands.
non-malificence
practice of “do no harm”
Sanctions
repercussions or punishments
2 categories of law
Criminal vs Civil
Criminal law
break a law that sicuety has set up
Civil law
violating other people’s rights
Statutory Law
Written laws, usually enacted by a legislative body
Common Law
law developed by judges through decisions of courts and similar tribunals that decide individual cases
Plaintiff
person complaning
Defendent
person potentially liable
Discovery
when all evidence is presented
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Assault
THREAT. If you get up in someone’s face, you don’t even have to touch them, it can be assault.
Battery
if you touch the patient in ANY unwanted way
Defamation
damaging the good reputation of someone
Slander
making false damaging claims about someone
Libel
written words of defamation or slander
Malpractice
failing to meet legal duty requirements
Negligence
to commit or not commit an act, resulting in causing harm
Standards of Care
medical care policies and procedures that would be carried out for certain patients no matter where in the world you/they are.
Scope of Practice
what the medical professional would and can do in a given situation - varies based on professional level
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Common Breaches of Care
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Patient Bill of Rights
is a list of guarantees for those receiving medical care. It may take the form of a law or a non-binding declaration. Typically a patient’s bill of rights guarantees patients information, fair treatment, and autonomy over medical decisions, among other rights.
Consent for Treatment does not cover….
invasive procedures (biopsy, surgery etc)
Invasive procedures require what form?
Informed Consent Form
If patient is refusing treatment and decides to sign the AMA form (against medical advice), you must inform them that…..
health insurance may not pay for service
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Deontology
the normative ethical position that judges the morality of an action based on the action’s adherence to a rule or rules. It is sometimes described as “duty” or “obligation” or “rule”-based ethics, because rules “bind you to your duty.”
Teleology
an account of a given thing’s end or purpose. (i.e. we might give a teleological account of why forks have prongs by showing their purpose—how the design helps humans to eat certain foods. Stabbing food and helping humans eat is what forks are for. There are two kinds of telos or end.)
2 most common Nosocomial infections
- pneumonia
- UTI
Lasix used for?
diuretic drug
unit measurement of the lumen of catheter tube
french
3 Branches of Law
Executive
Judicial
Legislative
Penal codes
Protect citizens from people who pose a threat to public good.
Assault
In your face threat. Verbal
Torts
a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
Battery
Unwanted touching. Invasive procedure without informed consent unless in life saving emergency.
Assault
verbal threat, in your face agressiveness
False Imprisonment
Restraints without permission
Battery
any unwanted touching, invasive procedure without informed consent,
Nurse Practice Act
Defines scope of nursing practice, establish limits to practice
http://www.rochestergeneral.org/about-us/rochester-general-hospital/about-us/rochester-medical-museum-and-archives/online-exhibits/the-nursing-practice-act-the-armstrong-act-of-1903/
When can an LPN manage a central line?
http://www.op.nysed.gov/prof/nurse/nurse-lpn-iv-acutecare.htm
- under direct supervision of RN
- completed an IV training course
- demonstrate competency
- in an acute care setting
Common law
decisions based on similar cases
Civil laws
protect personal freedoms and rights
False Imprisonment
using restraints when unwanted
How to avoid lawsuits
- good nurse patient relationship
- give competent, considerate care
- anecdotal records
- incident reports
- risk management
nonmalefincenec
do no harm
beneficence
doing an action for the benefit of others
autonomy
must allow patient their decision and honor it.
Veracity
always tell the truth. Is it going to hurt? Yes, a liitle.
Fidelity
do what you promise
living will
describes certain life prolonging treatments. indicate which treatments you do or do not want applied to you in the event you either suffer from a terminal illness or are in a permanent vegetative state.
Power of Attorney
is a legal document that gives someone you choose the power to act in your place, In case you ever become mentally incapacitated.
Triage
the assignment of degrees of urgency to wounds or illnesses to decide the order of treatment of a large number of patients or casualties.
