Legal Aspects & Ethics of Nursing Practice – Flashcards
Unlock all answers in this set
Unlock answersquestion
Law
answer
the sum total of man-made rules designed to help people to maintain order in their society and settle their problems in a nondestructive manner
question
Statutory law
answer
established through the legislative process
question
Common law
answer
established by previous court decisions
question
Public law
answer
defines and interprets relationships between individuals and the government
question
Types of public law
answer
Constitutional law Administrative law Criminal law
question
Private law
answer
defines and interprets relationships between individuals
question
Types of private law
answer
Contract law Tort law
question
Board of nursing
answer
The administrative law in nursing; state agency legislatively created by the state nurse practice act (NPA)
question
Functions of the board of nursing
answer
-Licensing board for nurses -Establishes entry requirements into the profession -Sets definitions of nursing practice -Establishes guidelines for professional discipline when a nurse fails to obey the law or becomes incompetent
question
What is licensure used for?
answer
Used to protect the health, safety, and welfare of its citizens. Also control entry into the profession, makes sure you keep your license up-to-date, and nurse imposters
question
Nurse Multi-State Licensure Compact
answer
Allows a nurse who holds a license in the state of legal residency to practice in other states that have enacted the Compact
question
How many states are in the Nurse Multi-State Licensure Compact
answer
23
question
Who is excluded from the Nurse Multi-State Licensure Compact
answer
Advanced practice nurses-- they must obtain certification in each state in which they practice
question
As mandated by the NPA, what is the role of the board of nursing?
answer
ensure that a licensed nurse continues to practice: -within the standard of care -behaves professionally and ethically, and -obeys all relevant state laws
question
What are some of the most common complaints brought to the board?
answer
-Using illicit drugs or alcohol while practicing. -Stealing drugs from a healthcare organization -Committing a serious error that might demonstrate incompetence -Falsifying records
question
The Nurse Practice Act
answer
enforced by each state's nursing board. Nurses must comply with the law and related rules in order to maintain their licenses.
question
What does The Nurse Practice Act describe?
answer
-Qualifications for licensure -Nursing titles that are allowed to be used -Scope of practice (what the nurse is allowed to do) -Actions that can or will happen if the nurse does not follow the nursing law
question
Types of Board of Nursing:Disciplinary and Administrative Laws
answer
Regulatory power Adjudicatory power
question
Regulatory power
answer
authorizes the board to develop rules and regulations for nursing licensure, nursing education, and nursing practice
question
Adjudicatory power
answer
authorizes the board to investigate, hear, and decide the outcomes of complaints that involve violations of the NPA and of the rules and regulations promulgated by the board
question
A nurse is reading the state board of nursing's quarterly report and notes that several nurses have been disciplined for drug addiction or dependence. The nurse concludes that:
answer
These nurses have not been compliant with their drug rehab.
question
Contract law
answer
nurses work under contract, a promissory agreement between two or more parties that creates a legal relationship
question
Types of contract laws
answer
Employment at will Labor law
question
Employment at will
answer
the employee has the right to terminate employment for any reason "at will," and the employer has the parallel right to terminate the employee at any time for any reason, also "at will"
question
Labor law
answer
collective bargaining agreement establishes a contractual agreement between the union and the employer
question
Tort Law
answer
private or civil wrong against individuals
question
Plaintiff
answer
files a tort action to recover damages for personal injury or property damage occurring from the negligent conduct or unintended misconduct
question
Unintentional tort
answer
harm or injury occurs as a consequence of an unintended wrongful act by another person
question
Negligence
answer
occurs when a person fails to act in a reasonable manner under a given set of circumstances
question
Malpractice
answer
unreasonable conduct by a nurse or other professional **The nurse has the legal duty to provide the patient with a reasonable standard of care―that is, "what the reasonably prudent nurse would do under the same or similar circumstances"**
question
Four Elements of Malpractice
answer
Duty Breach of duty Causation Damages
question
Duty (element of malpractice)
answer
Nurse had legal obligation toward the patient
question
Breach of duty (element of malpractice)
answer
Nurse's conduct violated duty to the patient based on compliance with reasonable standards of care compared with an average like-specialty provider under similar circumstances
question
Causation (element of malpractice)
answer
Determination of whether the nurse's action or inaction caused the patient's injury and whether the patient's injury was foreseeable
question
Damages (element of malpractice
answer
Patient suffered injury or harm
question
Assault
answer
A deliberate act in which one person threatens to harm another person without his or her consent and has the ability to carry out that threat
question
Battery
answer
Nonconsensual touching, even if the touching may be of benefit to the patient
question
Informed Consent Law requires that the patient:
answer
receive adequate information concerning the nature of the proposed treatment and its purposes, the risks and benefits of the proposed treatment and of doing nothing based on the best evidence available, including discomfort
question
Express consent
answer
consent given in spoken or written direct words
question
Implied consent
answer
consent inferred from the patient's conduct
question
Exceptions to informed consent
answer
-Emergency exception -Therapeutic privilege -Court-ordered care
question
Breach of Confidentiality
answer
It is the duty of health care providers to protect the secrecy of a patient's information, no matter how it is obtained aka keep ya damn mouth closed.
question
What is the name of the Federal law that was enacted by Congress in 1996 governing the privacy of personal health information and the security of that information?
answer
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
question
Moral philosophy
answer
The pursuit of understanding human values. Can be used as a framework or thought process from which to decide which actions are appropriate
question
Applied ethics
answer
Application of the thoughts determined by moral reasoning
question
Professional ethics
answer
A guide to what the profession considers professional conduct and the scope of practice
question
Nursing ethics
answer
The ability to describe the characteristics of the "good nurse" and to identify nurses' ethical practices
question
Moral distress
answer
A feeling of unease that accompanies the inability to do what one knows to be right.
question
Decision-making tool
answer
A framework or structure for working through a difficult problem
question
ANA Code of Ethics
answer
Clearly articulates the professional obligations for nurses in the United States to: - Understand our disciplinary goals and responsibilities to further them - Use our knowledge, experience, and skills to grasp the unique needs of individual patients - Give patients the care required or access the appropriate resources to ensure that their needs can be met
question
Beneficence (ethical principle)
answer
The obligation to provide a good while avoiding harm as a by-product of our good actions; helping others to gain what is of benefit to them **The goals of nursing are beneficent goals**
question
Beneficent goals of nursing
answer
-the prevention of illness -the alleviation of suffering -the protection, promotion and restoration of health
question
Nonmaleficence (ethical principle)
answer
Duty to avoid harm
question
Justice (ethical principle)
answer
How the benefits and burdens should be distributed among patient populations; Nurses have responsibilities for social and political activism related to ensuring just health care
question
Autonomy (ethical principle)
answer
Individuals have the right and should have the freedom to decide for themselves which actions are acceptable
question
Internal constraints on patient autonomy
answer
Mental ability Level of consciousness Age Disease states
question
External constraints on patient autonomy
answer
Hospital environment Nursing resources Information for making informed choices Financial resources
question
Paternalism
answer
The overriding of patient choices or intentional actions in order to benefit the patient
question
Veracity (ethical principle)
answer
The obligation to tell the truth and to not lie or deceive others
question
Principles of ethical behavior fall into what 4 areas?
answer
Autonomy Beneficence Justice Veracity
question
Important Ethical Concepts in Nursing
answer
Advocacy Accountability Cooperation and collaboration Caring
question
Contemporary Issues and Problems
answer
Genetic Testing Vaccines Preventive ethics Communication
question
What is the legal basis for your practice as a nurse?
answer
Your nursing license
question
Which is the best description of breach of duty?
answer
The nurse did not deliver care to a patient under the nurse's care as a reasonable practitioner would perform in the same circumstances according to Standards of Care.
question
A surgeon fails to get a parent's signature on a surgical consent for a minor child. The surgery is performed. This could result in what type of legal accusation?
answer
Battery
question
The acronym PHI stands for which of the following?
answer
Protected Health Information
question
All of the following provide evidence of Standards of Care except:
answer
a. patient satisfaction surveys. b. policies and procedures. c. care maps. d. drug handbooks. Answer: A
question
Which of the following describes moral distress?
answer
The nurse knows the right thing to do, but the situation does not allow him or her to do it
question
A pregnant teen is unsure whether she wants to place the baby for adoption or raise the child. Her mother wants her to place the baby for adoption. A nurse helps the teen clarify her values and goals related to the decision. Choose the term that fits this nursing behavior.
answer
Advocacy
question
A nurse says, "I want to make sure I know how to use this equipment. I do not want to hurt a patient." What ethical principle is the nurse using?
answer
Nonmaleficence
question
Which of the following is not an essential element of informed consent?
answer
a. Complete, accurate, and understandable information b. Alternative treatments c. Risks and benefits d. Credentials and experience of practitioner Answer: D
question
Which of the following statements is(are) true? (Select all that apply.)
answer
a. Ethical decision-making tools prescribe what should be done in complex situations. b. The right and moral thing to do in clinical practice is usually clear for experienced practitioners. c. Ethical dilemmas are common in clinical practice. d. The ANA Code of Ethics for Nurses with Interpretive Statements provides a guide to nurses in their day-to-day practice. Answers: C & D
question
A nursing executive wishes to implement a new policy based on initial National Patient Safety Goals 2002 to eliminate wrong patient, wrong site, and wrong procedure. Which action by the executive would best meet one of the goals?
answer
Formulate a time-out policy
question
The nurse knows that the purpose of the Department of Health and Human Services (DHHS) is to
answer
Protect the health of all Americans
question
Although the responsibility to explain procedures, their risks and benefits to the client is that of the physician's, in some cases, this could be witnessed by the nurse. Which client is legally allowed to give informed consent?
answer
A client who cannot read
question
When giving a report to the oncoming shift, which action by the nurse could be considered an invasion of the client's privacy?
answer
Allowing a photographer to take a sleeping client's photograph
question
All of the following must be disclosed when applying for a renewing a license except
answer
Parking tickets
question
A client with cancer has decided against further treatment. Which nursing action would be most helpful?
answer
Making sure the client has accurate information and understands the consequences of the decision
question
Which term is defined as answerable to oneself and others for one's own actions?
answer
Accountability
question
The nurse did not follow hospital procedure and hung a unit of blood on the wrong client. The client had an anaphylactic reaction and the team is called in for emergency treatment. During the resuscitation, the nurse does not reveal that the wrong blood was given. Which moral principles were violated? Select all that apply
answer
Beneficence Autonomy Veracity
question
It's OK to borrow money from rich patient as long as you pay back the loan in a timely and honorable manner (true/false)
answer
False
question
A nurse who practices in two different Compact states describes one consideration to this system to a colleague, stating
answer
"I have to know the nursing laws of both states."
question
A nurse is explaining to a co-worker that the Patient Self-Determination Act, the Ryan White Act, and the McKinney Homelessness Act are all examples of
answer
health care policies and regulations created in the 1990s.
question
Which nursing role is most closely connected to social justice?
answer
Advocate
