Legal & Ethical Aspects of Nursing (Ch2)
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Legal & Ethical Aspects of Nursing (Ch2) - Leaderboard
Legal & Ethical Aspects of Nursing (Ch2) - Details
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Malicious or untrue spoken words about another person that are brought to the attention of others | Slander |
Wrongful termination of providing pt care | Abandonment of care |
What practice is guided by a combination of legal principles, est laws, moral standards, and ethical principles | Nursing practice of LVN |
The type of law cases between individuals | Civil cases |
Federal, State, and local gov't law | Statutory Law |
Professional Negligence | Malpractice |
The elements that must be present for liability of Malpractice to be established | -Duty -Breach -Harm -Proximate Cause |
This relationship has a personal and legal basis: the duty to provide professional care | The nurse-patient relationship |
They have a legal and ethical obligation to safeguard the pt's interests | The Nurse Advocate |
7 Preventable Omissions in Nursing (Failures to...) | -Collaborate with other health care team mbrs -Clarify interdisciplinary orders -Ask for and offer assistance -Utilize evidence-based performance -Communicate info to pt's and families -Limit overtime -Adequately staff pt care units with appropriately credentialed staff |
The laws that formally define and limit the scope of nursing practice. Each state has laws that govern the scope and practice of nursing | Nurse Practice Acts |
List the best practices of a nurse to avoid malpractice | -Practice within the rules and regulations -within the standards of care -within the employing agency's policies & procedures *Also strive to maintain a positive nurse-pt relationship |
What has been identified as the number one leading factor in Malpractice suits against nurses? | A poor nurse-pt relationship |
A written question that one party sends to the other party, to which an answer is legally required | Interrogatory |
A legal responsibility | Liability |
Being responsible for ones own actions | Accountability |
What are the most common areas of litigation against a nurse? (4 Performance Failures) | -standards of care -use of equip -documentation -pt advocacy |
When a nurse accepts a pt care assignment | Nurse-Patient Relationship |
What are the common breaches of Standards of Care of nursing? | Practice, Monitoring, Communication |
Failure to adhere to the standards of care gives rise to: | Legal Liability |
Defines acts whose performance is required, permitted, or prohibited | Standards of Care |
What Organization developed the Pt's Bill of Rights? | American Hospital Association (AHA) |
What is the current name of the Pt's Bill of Rights? | The Patient Care Partnership |
Understanding Expectations, Rights & Responsibilities | The Patient Care Partnership |
The American Hosp Assoc (AHA) encourages health care institutions to adapt the template bill of rights to their particular environment to include: | -cultural -religious -linguistic -educational backgrounds |
What is the goal of the AHA? | To promote the public's understanding of their rights and responsibilities as consumers of health care |
An Independent accrediting agency responsible for accrediting and certifying health care organizations | The Joint Commission |
What is the Patient Self-Determination Act? | -Institutions required to have written policies & procedures regarding advance directives -Pt's right to accept or refuse treatment -Pt's right to participate fully in health-care related decisions |
When was HIPAA est? | 1996 Health Insurance Portability and Accountability Act |
Health care institutions are obliged to uphold what pt's rights? | -access to health care without prejudice -treatment with respect and dignity at all times -privacy and confidentiality -personal safety -complete info about one's own condition and treatment |
Pt's responsibility to the health care institution are? | -provide accurate information about themselves -provide knowledge of any known conditions -participate in decision making of treatment and care |
Full disclosure of the facts the pt needs to make an intelligent decision before any invasive treatment or procedure if performed | Doctrine of Informed Consent |
Minors under 18 may consent to treatment if: | -Marriage -Leal emancipation -Living apart from parents or guardians for 60 days and independent of parental support -Service in the armed forces |
A minor may consent for care of specific categories: | -STIs -Drugs & alcohol abuse -Sexual Assault -Family planning |
Consent cannot be obtained from someone who is? | Impaired or under the influence of alcohol or drugs |
The health care professional is protected from liability in reporting abuse when: | Acting in good faith to report mandated information |
Withholding of life-saving treatment and care | Passive euthanasia & medical neglect |
Factors that put elders at risk for abuse? | -Declining physical health -Declining mental ability -Decreased strength & mobility -Loss of independence -Isolation -Loss of loved ones, friends, relatives |
The nurse-patient relationship should be based on: | Trust & respect |
What can help an LVN reduce the likelihood of a lawsuit? (3) | -following the standards of care -following the policies & procedures of the facility -adhering to the scope of practice |
What are the two basic types of Advance Directives? | Living Wills & Durable POA |
A designated agent, surrogate, or proxy to make health care decisions on the pt's behalf based on the pt's wishes | A durable POA for health care |
The process of self-evaluation that helps gain insight into personal values | Value Clarification |
How to clarify values | -Select the belief or behavior and consciously examine it -decide its value -incorporate the value into everyday responses and behaviors |
Situations that do not have a clear right or wrong answer | Ethical dilemmas |
Ethical Principles for nursing (5) | -Respect for people -Autonomy -Beneficence -nonmaleficence -justice |
Each pt has the same worth and always is entitled to respect (all human life is sacred, each indiv has inherent worth as a person) | Respect for people |
What organization regulates ethical guidelines for LVNs? | National Federation of Licensed Practical Nurse(NFLPN) |
The Ethical code laid out by the NFLPN? (5) | -to know and function within the scope of practice of the LVN -to maintain pt confidences -to provide healthcare without discrimination -to maintain a high degree of professional and personal behavior -to take an active role in the development of LVN profession |
PAS | Practitioner-Assisted Suicide (Active euthanasia) |