Legal Principles In Nursing

Front 1

What are common laws?

Back 1

- Laws based on judicial decisions of case law precedent

Front 2

What are statutory laws?

Back 2

- Rules defined by legislative bodies

Front 3

What are Nurse Practice Acts?

Back 3

- Statutes enacted by state legislatures to regulate the practice of nursing.

Front 4

What is a misdemeanor?

Back 4

- A crime of injury that does not inflict serious harm

Front 5

What is a felony?

Back 5

- A serious offense that results in harm to another person or society.

Front 6

What is an intentional tort?

Back 6

- Assault
- Battery

Front 7

What is an unintentional tort?

Back 7

- Negligence

Front 8

What are standards of care?

Back 8

- legal guidelines for safe nursing practice
- defined by State Nurse Practice Acts, The Joint Commission, professional and specialty organizations, and written policies and procedures for the health care facility

Front 9

What is malpractice insurance?

Back 9

- provides you with an attorney, pmt of fees, and pmt of a judgment or settlement
- health care facility will cover you during employment
- if working outside the facility, you should purchase additional ins

Front 10

Why is documentation important from a legal standpoint?

Back 10

- documents patient assessments, interventions, and evaluations
- necessary to avoid liability
- discoverable in a lawsuit
- includes occurrence report/ incident report

Front 11

What is risk management / quality management?

Back 11

- The Joint Commission requires the use of quality improvement and risk management programs
- goals include patient safety and improved care
- federal government and health care insurance companies can withhold reimbursement for preventable medical errors

Front 12

What are Good Samaritan Laws?

Back 12

- encourages nurses to assist in an emergency situation
- limits liability
- offers legal immunity
- enacted in most states

Front 13

What is the significance of consent?

Back 13

- necessary for all routine treatment, hazardous procedures, and participation in research
- The use of restraints is governed by law and accreditation agency
- Legal responsibilities in death and dying

Front 14

What are ethics?

Back 14

- refers to the consideration of standards of conduct or the study of philosophical ideals of right and wrong behavior

Front 15

What are morals?

Back 15

- judgment about behavior

Front 16

What are values?

Back 16

- a personal belief about the worth held for an idea, custom, or object

Front 17

What are bioethics?

Back 17

- the study of health care

Front 18

What are ethical principles?

Back 18

- Autonomy: refers to a person's independence
- Justice: principle of fairness
- Fidelity: refers to the agreement to keep promises
- Beneficence: promotes taking positive, active steps to help others and encourages you to do good for the patient
- Non-maleficence: the fundamental agreement to do no harm; promotes an effort to consider the potential for harm even when action promotes health

Front 19

What is the code of ethics?

Back 19

- generally accepted by all health care professionals
- sets forth ideals of nursing conduct
- ANA Code of Ethics
- International Council of Nurses (ICN) Code of Ethics

Front 20

What are ethical principles?

Back 20

- Confidentiality: the requirement to keep health information confidential
- Competence: specific knowledge and skills needed to perform tasks
- Advocacy: involves giving patients the information they need to make decisions and to support those ideas

Front 21

What is the significance of developing a personal point of view?

Back 21

- reflects cultural and societal influences
- reflects personal values

Front 22

What is an ethical dilemma?

Back 22

- Exists when the right thing to do is unclear or unsupported by the health care team

Front 23

What is the deontology ethical system?

Back 23

- Defines actions as right or wrong, based on the characteristics of fidelity, truth, and justice

Front 24

What is the utilitarianism ethical system?

Back 24

- Guides health care professionals to measure the effect or consequences that an act will have.

Front 25

What is the feminist ethic ethical system?

Back 25

- Proposes that we ask how ethical actions will affect women.

Front 26

What are ethics of care in nursing?

Back 26

- Pay attention to the nursing point of view and nursing care

Front 27

How do you process an Ethical Dilemma?

Back 27

1. Is this an ethical dilemma?
2. Gather all relevant info
3. Examine and determine values and opinions about the issue.
4. State the problem clearly.
5. Consider possible courses of action.
6. Negotiate the outcome.
7. Evaluate the action.

Front 28

What are common ethical problems in nursing?

Back 28

- Nursing shortage
- managed care
- end-of-life issues
- cultural and religion sensitivity
- delegation
- whistle-blowing
- adverse events

Front 29

What is medication legislation and standards?

Back 29

- government regulation
- health care institutions and medication laws
- medication regulations and nursing practice
- non-therapeutic medication use

Front 30

What are drug abuse laws?

Back 30

The Harrison Narcotic Act of 1974
- First federal law to legally classify drugs that are habit-forming as narcotics
- Regulates the importation, manufacture, sale, and use of these substances
Comprehensive Drug Abuse Prevention & Control Act of 1970
- AKA the "Controlled Substances Act"
- Categorizes controlled substances and limits how often a prescription can be filled

Front 31

What is the nurse's role in distributing medications?

Back 31

- administer medication correctly
- monitor side effects
- assess ability for patient self-medication
- patient and family education

Front 32

What are the reporting procedures for medication errors?

Back 32

- written report within 24 hours of occurrence

Front 33

What are licensure issues in nursing?

Back 33

- falsification of records
- acts of ignorance
- patient refusing to take medication

Front 34

What are standards of medication administration?

Back 34

- right medication
- right dose
- right patient
- right route
- right time
- right documentation

Front 35

What happens in the Assessment phase of medication administration?

Back 35

- History (allergies, medication, diet)
- Patient's perspectives (current condition, attitudes about medication use, knowledge and understanding of medication use, learning needs, expectations)

Front 36

What happens in the Implementation phase of medication administration?

Back 36

- patient and family teaching
- receiving, transcribing, and communicating medication orders
- accurate dosage calculation and measurement
- correct administration
- recording medication administration

Front 37

What happens in the Evaluation phase of medication administration?

Back 37

- Change in patient's condition
- desired effect
- adverse reactions
- observations of physiological measures
- changes in laboratory values