Nursing: Legal And Ethical

Front 1

Ethics

Back 1

study of conduct and character

Front 2

Autonomy

Back 2

commitment to include clients in decisions about all aspects of care

Front 3

Beneficence

Back 3

taking positive actions to help others

Front 4

Nonmaleficence

Back 4

Avoidance of harm or hurt

Front 5

Justice

Back 5

fairness

Front 6

Fidelity

Back 6

agreement to keep promises

Front 7

Code of ethics

Back 7

set of guiding principles that all members of a profession accept

Front 8

Advocacy

Back 8

support of a cause

Front 9

Responsibility

Back 9

willingness to respect obligations and to follow through on promises

Front 10

Accountability

Back 10

ability to answer for one's own actions

Front 11

Confidentiality

Back 11

respecting client privacy

Front 12

Value

Back 12

a personal belief about the worth of a given idea, attitude, custom, or object that sets standards that influence behavior

Front 13

Culturally competent care requires ____ & _____.

Back 13

respect and patience

Front 14

Deontology

Back 14

defines actions as right and wrong based on their right-making characteristics - not concerned with right or wrongness of results

Front 15

Utilitarianism

Back 15

proposes that the value of something is determined by it's usefulness - emphasis on outcome

Front 16

Consequentialism

Back 16

proposes that the value of something is determined by it's usefulness - emphasis on outcome

Front 17

Teleology

Back 17

proposes that the value of something is determined by it's usefulness - emphasis on outcome

Front 18

Feminist ethics

Back 18

nature of relationships between people, propose that it is impossible to be unbiased

Front 19

Ethic of care

Back 19

understanding personal narratives, stories reveal individual’s values and moral preferences

Front 20

How do you process an ethical dilemma?

Back 20

1) Is this an ethical dilemma? 2) Gather information 3) Examine values 4) Verbalize the problem 5) Consider possible courses of action 6) Negotiate a plan 7) Evaluate action

Front 21

Futile care

Back 21

something that is "useless; hopeless; serving no useful purpose"

Front 22

Statutory law

Back 22

elected legislatures

Front 23

Nurse Practice Acts

Back 23

describes and define the legal boundaries of nursing practice withing each state

Front 24

Regulatory law

Back 24

reflects decisions made by administrative bodies when they pass rules and regulations

Front 25

Administrative law

Back 25

reflects decisions made by administrative bodies when they pass rules and regulations

Front 26

Statutory law is broken up into what two parts?

Back 26

criminal and civil

Front 27

Common law

Back 27

results from judicial decisions made in courts when individual legal cases are decided

Front 28

Criminal laws

Back 28

prevent harm to society and provide punishment for crimes (society)

Front 29

Felony

Back 29

crime of serious nature that has a penalty of imprisonment for 1> year or death

Front 30

Misdemeanor

Back 30

less serious crime that has a penalty of a fine or imprisonment for 1< year or fine

Front 31

Civil laws

Back 31

protect the rights of individual persons withing our society and encourage fair and equitable treatment among people

Front 32

What does a violation of a civil law result in?

Back 32

harm to an individual or property

Front 33

Standards of care

Back 33

legal guidelines for nursing practice and provide the minimum acceptable nursing care

Front 34

What is the purpose of licensure?

Back 34

protect the public

Front 35

What are the parts of a lawsuit?

Back 35

pleading's phase, discovery, trial, proof of negligence

Front 36

What is the pleading phase of a lawsuit?

Back 36

plaintiff brings charges up against nurse and she either denies or admits

Front 37

What is the discovery phase of a lawsuit?

Back 37

evidence against and for the nurse is obtains in the form of witnesses, medical records, experts

Front 38

What is the trail phase of a lawsuit?

Back 38

follows the discovery phase 1-3 years and can last days to months

Front 39

What is the proof of negligence phase of a lawsuit?

Back 39

The nurse owed a duty to the client.
The nurse did not carry out the duty or breached the duty.
The client was injured.
The client's injury was caused by the nurse's failure to carry out that duty.

Front 40

What is the Americans with Disabilities Act for?

Back 40

provides for assistance for disabled people such as sidewalks, rails, ramps, etc.

Front 41

What is the Emergency Medical Treatment and Active Labor Act for?

Back 41

protects from dumping patients
(transferring patients when they are unstable)

Front 42

What are advanced directives?

Back 42

a broad heading in which you find living wills, POAs, DNRs

Front 43

Living wills

Back 43

represent written documentation that directs treatment with a client's wishes in the event of a terminal illness or condition

Front 44

POA

Back 44

a legal document that designates a person or persons of one's choosing to make health care decisions when the client is no longer able to make decisions on his or her own behalf

Front 45

What are two examples of chemical restraints?

Back 45

sedatives and hypnotics

Front 46

What does the Good Samaritan Law protect you from?

Back 46

if in an emergency you provide reasonable and prudent care

Front 47

What is the cardiopulmonary part of the Uniform Determination of Death Act?

Back 47

requires irreversible cessation of circulatory and respiratory functions

Front 48

What is the whole brain part of the Uniform Determination of Death Act?

Back 48

irreversible cessation of all functions of the entire brain

Front 49

Tort

Back 49

civil wrong made against a person or property

Front 50

Intentional tort

Back 50

willful acts that violate another's rights, such as assault, battery, and false imprisonment

Front 51

Assault

Back 51

any intentional threat to bring about harmful or offensive contact

Front 52

Battery

Back 52

any intentional touching without consent

Front 53

False imprisonment

Back 53

unjustified restraining of a person without legal warrant

Front 54

Invasion of privacy

Back 54

protects the client's rights to be free from unwanted intrusion into his or her private affairs

Front 55

Defamation of character

Back 55

publication of false statements that result in damage to a person's reputation

Front 56

Malice

Back 56

person publishing the information knows it is false and publishes it anyway or publishes it with reckless disregard as to the truth

Front 57

Slander

Back 57

verbilzation of the false statement

Front 58

Negligence

Back 58

conduct that falls below a standard of care

Front 59

Malpractice

Back 59

professional negligence

Front 60

What are the criteria for malpractice?

Back 60

1) The nurse owed a duty to the client
2) The nurse did not carry out that duty
3) The client was injured
4) The nurse's failure to carry out the duty caused the injury

Front 61

Libel

Back 61

written false statements

Front 62

Fraud

Back 62

misrepresentation of a treatment

Front 63

If you find that an order is wrong what is the action you should take?

Back 63

1) Inform provider
2) Record your actions
3) Inform your supervisor
4) Refuse to carry it out

Front 64

Malpractice insurance

Back 64

a contract between the nurse and the insurance company which provides for a defense when a nurse is in a lawsuit involving malpractice

Front 65

When you float what should you make sure to tell your supervisor?

Back 65

any lack of experience in caring for the type of clients on the nursing unit