Legal and Ethical Aspects and Issues in Nursing

kylerigonan's version from 2015-11-20 20:55


Question Answer
what are the 2 primary categories of lawcriminal and civil
criminal lawinvolve the needs of the public.
difference between cases involving criminal law and civil lawCases of criminal law involves an agent representing federal or state government. Civil cases are between individuals or agency
Difference between penalties of cases Criminal cases resolved by finding of guilt or innocence. Civil matters conclude with determination of accountability or innocence.
How is Civil law and criminal law established? (2) (1) Federal, State, and Local Gov't develop statutory law and (2) common law(case law) evolves in response to specific legal questions that come before court and usually follows precedent
what is precedent?previous rulings on an issue
what is negligence?absence of due care. Refers to the failure to act in a manner demonstrating the care and knowledge
what is malpractice?professional negligence
The concept of malpractice must contain which four key elements?1) Duty [established relationship between patient and nurse] 2) Breach of duty [failure to perform the duty in a reasonable matter] 3) Harm has occurred 4) Breach of duty was the proximate cause of harm [occurrence of harm depended directly on the occurrence of breach]
what is civil litigation??
liable?legally responsible
summons?a court order that notifies the defendant of the legal action
what is deposition?Witnesses are required to undergo questioning by the attorneys under oath and may be recorded
interrogatory?a written question that one party sends to the other party, to where an answer is legally required
What is "Request for Production of Documents and Things"?formal request by the agents filing the charges for all items that are deemed to be related to the case at hand.
what are examples of "Request for Production of Documents and Things"Items that include policies and procedures, standards of care, medical records, assignment sheets, personnel files, equipment maintenance records, birth certificate, medical bills, and other documents releveant to issue
verdict?a decision
appealrequest for review of the decision
deliberateconsider and decide
advocateone who defends or pleads a cause or issue on behalf of another
Standards of careacts whose performance is required, permitted, or prohibited
who developed the Patient's Bill of Rights?1972 American Hospital Association (AHA)
what is the goal of AHApromote the public's understanding of their rights and responsibilities as consumers of health care.
TJC?The Joint Commission. Independent accrediting agency responsible for accrediting and certifying facilities in the US
The Patient Self-Determination Actrequires institutions to maintain written policies and procedures regarding advance directives, the right to participate fully in health care-related decisions.
HIPAAjob of the health care provider to protect the confidentiality of all health information.
what are the patient's rights?1) access to health care w/o any prejudice 2) treatment with respect and dignity at all times 3) privacy 4) personal safety 5) complete info about one's own condition and treatment
Patient's responsibilities to the health care institutions1) providing accurate information about themselves 2) giving info regarding their known condition 3) help in decision making regarding treatment and care
what is "doctrine of informed consent"?full disclosure of the facts the patient needs to make an intelligent (informed) decision before any invasive treatment is done
what is civil battery(technical battery)unlawful touching of a person; intent to harm is not necessary. Consent must be given.
coercionpersuading someone with the use of threat
claims made policyprovides protection when the claims for nursing or negligence is made while the policy is in force (during the policy period or during extended coverage)
occurrence basis policyprotects against claims made about events that occurred during policy period or extended coverage period
ethicsvalues that influence a person's behavior and the individual's feelings and beliefs about what is right or wrong.
what are advance directivessigned and witnessed documents that provide specific instructions for health care treatment when a person is unable to make these decisions personally at the time they are needed.
durable power of attorneyassigns someone to make health care decisions on the patient's behalf
ethical dilemmassituations that do not have a clear right or wrong answer.
autonomyfreedom of personal choice
nonmaleficenceto do no harm, nurse has a ethical and legal duty to prevent harm to a patient
beneficencedoing what is good, nurse must promote the well-being of all patients
what is justice?Justice in nursing means that nurses must allocate time among all the assigned patients to meet their needs.
what is malpractice?Malpractice is the failure to meet a legal duty that results in harm to another.
veracityobligation to tell the truth
fidelitythe duty to do what one has promised
what is floating?floating is an acceptable, legal practice used by facilities to alleviate understaffing and overstaffing