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Chapter 11: Ethical and legal considerations

Terms in this set (44)

Ethics
the principles of right and wrong that guide an individual in making decisions
Deontology
...
Utilitarianism
...
Beneficience
doing good
Nonmaleficience
do no harm

(nurses are often required to weigh the benefits of medical treatments with their risks and potential harm to patients e.g this treatment may be painful; but it's the best option)
Autonomy
freedom to make decisions supported by knowledge and self confidence.
Veracity
truthfulness, honesty
Justice
fairness; rightfulness
Accountability
willingness to accept responsibility for one's actions
Advocacy
support; active pleading on behalf of someone or something
Confidentiality
the act of holding information in confidence, not to be released to unauthorized individuals
Fidelity
keeping promises and commitments made to others

(when a nurse acknowledges the following:
Monitor the patient's response to the pain medication.
Bring the patient pain medication when promised.
Follow up on actions and interventions regularly.)
Responsibility
the concept of being dependable and reliable
Code of Ethics for Nurses
1. a succinct statement of the ethical values, obligations, duties and professional ideals of every individual who enters the nursing profession
2. It is the profession's nonnegotiable ethical standard
3. It is an expression of nursing's own understanding of its commitment to society.
Bioethics
the study of ethical and philosophical issues in biology and medicine
Genetic testing
- the ability to test individuals for potentially debilitating
or fatal genetic diseases
- can assist in determining the likelihood of disorders
(cystic fibrosis, Huntington disease and breast cancer)
Moral distress
the anguish experienced when a persons basic belief of what is right and wrong or ethical principles are challenged
Moral resilience
the capacity of an individual to sustain or restore his/her integrity in response to moral difficulty, confusion, distress or setbacks
4 A's to Rise Above Moral Distress
1. Ask (am I or other team members feeling distressed
or suffering?)
2. Affirm (validate feelings, commit to taking care of
yourself)
3. Assess (identify specific sources of your distress,
determine its severity and determine your
readiness to make an action plan)
4. Act (create and implement a plan of action, manage
setbacks, preserve your integrity and move
toward resolving the concern)
Constitutional law
This body of law is derived from a formal, written constitution that defines the powers of government and the responsibilities of its elected or appointed officials
Statutory law
- this body of law is created by legislative bodies such
as the U.S. Congress and state legislatures.
- often referred to as statutes
- state statutes should be consistent with all federal -
laws
Nurse Practice Act (NPA)
defines the scope and limitations of professional nursing practice; vary from state to state
Regulatory law
this law outlines how the requirements of statutory law will be met
Case law
this law is established by judicial decisions based on the outcome of specific court cases
Types of statutory law
- criminal law
- misdemeanor
- civil law
- torts
Intentional tort
wrongs resulting from acts deliberately done with the intention of causing harm to another
- assault
- battery
- defamation of character
- false imprisonment
- invasion of privacy
Assault (intentional tort)
- a threat of bodily harm or violence caused by a
demonstration of force by the perpetrator
- a feeling of imminent harm or feeling immediate
danger
Battery (intentional tort)
- actual physical harm caused to another person
- threat to hurt someone is carried out
- angry, forceful touching of people, their clothes, or
anything attached to them
Defamation of character (intentional tort)
- a public statement is made that is false and injurious to
another person
- broadcasting statements aloud that have the potential
to hurt the reputation of another person
- oral defamation of character (slander)
False Imprisonment (intentional Tort)
- unauthorized restraint or detention of a person
- preventing patients from leaving a health care facility
at their request
Invasion of privacy (intentional tort)
- public disclosure of private information
- use of a person's name or likeness without permission
- intrusion into a person's place of solitude
- meddling into another's personal affairs
- accessing medical record of patient said nurse is not
caring for
- making confidential info. public without permission
- requesting info. regarding patients wills or personal
affairs not directly affecting nursing care
Unintentional tort
omissions or acts by individuals that cause unintended
harm (negligence and malpractice are charged when individuals, health care providers or institutions fail to act responsibly, causing injury to others)
Negligence
failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
Malpractice
professional negligence, this may occur when a professional acts unethically, demonstrates deficient skills or fails to meet standards of care required for safe practice
Informed consent
Permission for treatment given by a competent patient after the following have been explained:
- exact details of the treatment
- necessity of the treatment
- all potential risks, and benefits
- available alternatives to treatment
- risk of treatment refusal
Patient's Bill of Rights
summary of a patient's rights regarding fair treatment and appropriate information including:
- high quality hospital care
- a clean and safe environment
- involvement in their care
- protection of their privacy
- help when leaving the hospital
- help with their billing claims
Advance directives
legal documents that allow people to choose what medical care they wish to have if they are unable to make those decisions themselves
Living will
specifies the treatment a person wants to receive when he/she is unconscious or no longer capable of making decisions independently
Durable power of attorney
a legal document authorizing someone to legally act on one's behalf
Health care proxy
this document specifies a person chosen to make medical decisions for an individual if they become unable to do so
Good Samaritan Act
was developed to protect healthcare professionals from liability of any civil damages as a result of rendering emergency care at the scene of a disaster, emergency or accident
Medical aid-in-dying
when a mentally competent person with a prognosis of 6 months or less to live causes his/her own death by self administering prescribed medication
Euthanasia
this occurs when a person who willingly requests to die is injected with a lethal drug dose by another individual
4 D's of negligence
duty, dereliction, damages, direct cause
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