Theory III Legal/Ethical Principles of Nursing Practice – Flashcards

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accountability
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the ability and willingness to assume responsibility for one's actions and to accept the consequences of one's behavior
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advocate
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individual who pleads the cause of another or argues or pleads for a cause or proposal
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american disibility act
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americans with disabilities act of 1990 is a law that was enacted bu the U.S. Congress in 1990. It was signed into law on july 26, 1990. Pres. George H W Bush, and later amended and charged effective Jan 1, 2009
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autonomy
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the state of being independent and self directed, without outside control, to make one's own decisions
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beneficence
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the moral obligation to do good or to implement actions that benefit clients and their support persons
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breach of duty
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and standard of care that is expected in the specific situation but that the nurse did not observe; this is failure to act as a reasonable, prudent nurse under the circumstances
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code of ethics
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a formal statement of a groups ideal's and values; a set of ethical principles shared by members of a group, reflecting their moral judgements and serving as a standard for professional actions
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causation
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a fact that must be proven that the harm occured as a direct result of the nurse's failure to follow the standard of care and the nurse could have ( or should have0 known that the failure to follow the standard of care could result in such harm.
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common law
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the body of principles that evolves from court decisions
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confidentiality
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any info a subject relates will not be made public or available to others without the subject's consent
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criminal vs civil law
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criminal law- deals with actions against the safety and welfare of the public civil law-the body of law that deals with relationships among private individuals
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damages
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if malpractice caused the injury,the nurse is held liable for damages that may be compensated
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duty
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the nurse must have( or should have had) a relationship with the client that involves providing care and following an acceptable standard of care
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ethical dilemma
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ethics
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the rules or principles that govern right conduct
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false imprisonment
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the unlawful restraint or detention of another person against his or her wishes
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felony
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a crime of a serious nature, such as murder, punishable by a term in prison
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fidelity
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a moral principle that obligates the individual to be faithful to agreements and responsibilities one has undertaken
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good samaritan law
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gross negligence
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involves extreme lack of knowledge, skill, or decision making that the person should have clearly now would put others at risk for harm
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impaired nurse
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a nurse whose practice has deteriorated because of chemical abuse.
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informed consent
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a client's agreement to accept a course of treatment or a procedure after receiving complete info, including the risks of treatment and facts relating to it, from the healthcare provider
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justice
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fairness
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liability
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the quality or state of being legally responsible for ones obligations and actions to make financial restitution for wrongful acts
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licensure
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in the healthcare profession, the granting of permission to perform professional actions that may not be legally performed by those who do not have such permission
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malpractice
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the negligent acts of person's engaged in professions or occupations in which highly technical or professional skills are employed. duty, breach of duty, forseeability, causation, harm or injury, damages
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negligence
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failure to behave in a reasonable and prudent manner; a unintentional tort
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nonmaleficence
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the duty to do no harm
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patients rights
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those culturally and legally specified rights, claims, powers, privileges, and remedies due to a person receiving health care services.
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personal value
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values internalized from the society or culture in which one lives
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reasonable personal standards
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reasonable prudent nurse
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responsibility
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the specific accountability or liability associated with the performance of duties of a particular role
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rights
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a privilege or fundamental power to which an individual is entitled unless it is revoked by law or given up voluntarily
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right to confidentiality
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right to privacy
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standards of care
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the skills and learning commonly possessed by members of a profession. Internal standards- job description, education, expertise, institutional policies and procedures. /external standards- nurse practice acts, professional organizations, nursing specialy-practice orgaization, and federal organizations and federal guidelines.
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tort's
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a civil wrong committed against a person or person's property slander- vocal libel- written
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values
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something of worth;a belief held dearly by a person
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values clarification
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a process by which individuals define their own value
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veracity
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a moral principle that holds that one should tell the truth and not lie
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identify personal values and how they impact ethical decision making
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are values internalized from the society or culture in which one lives. there are many personal values that can effect ones ethical decision making, such as abortion, AIDS,organ and tissue transplants, and end of life decisions. One may personally feel against any of these life choices but ethically anybody has the right to make these choices for themselves and as a nurse we need to respect their choice and keep our personal values to ourselves. Ethical decision reasoning is rational and systematic. It should be based on ethical principles and codes rather than on emotions, institution, fixed policies, or precedent.
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Describe Rath, Harmon, and Sinon's Theory of Values Clarification
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They described a "valuing process" of thinking, feeling and behavior that they termed "choosing", "prizing", and "acting". in some cases, a values clarification exercise can be useful in helping individuals or groups to become more aware of their values and how they may influence their actions.
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apply steps of the value clarification process for clients experiencing value conflicts causing unhealthy behaviors.
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List alternatives- make sure client is aware of all alternative actions Examine possible consequences of choices- possible results of choose freely- feeling about the choice- are they satisfied with the choice affirm the choice- how will they discuss this with others act with a pattern- if the client acts in a certain way.
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Key components of code of ethics
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shared by members of the group reflects their moral judgements over time, and serves as a standard for their professional actions.
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identify professional values as expressed in code of ethics and selected professional documents
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A professional code of ethics is a formal statement of a group's ideals and values that serves as a standard and guideline for the group's professional actions and informs the public of its commitment. Nursing professional values are acquired during socialization into nursing from code of ethics, nursing experiences, teachers and peers. Selected professional documents-
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identify professional values inherent in the mutual interaction model of nurse-client collaboration
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selected nursing legal responsibilities
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informed consent, delegation, violence, abuse, neglect, ADA, controlled substance, impaired nurse, sexual harassment, abortions, death and related issues.
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Identify eight general moral/ethical principles that influence nursing practice
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autonomy right to make own decision nonmaleficence- duty to do no harm beneficence- doing good justice- fairness fidelity- be faithful to agreements and promises veracity- telling the truth accountability- answerable to one's self and to others for their actions responsibility- specific accountability
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discuss caring as the basis of ethical behavior
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Caring theories stress courage, generosity, commitment, and the need to nurture and maintain relationships. caring theories judge actions according to perspective of caring and responsibilities. caring theories promote the common good or welfare of the group.
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delegation
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five rights of delegation- right task right circumstances right person right direction and communication right supervision and evaluation
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common ethical issues currently facing healthcare professionals
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HIV/AIDS clients Abortions organs or tissue transplantation end-of-life decisions cost-containment issues (resource allocation) breaches of client confidentiality
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when presented with an ethical situation, identify the moral issues and principles involved
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-become aware of your own values and the ethical aspects of nursing. -be familiar with the nursing code of ethics -seek continuing education opportunities to stay knowlegde-able about ethical issues in nursing. -respect the values, opinions, and responsibilities of their healthcare professionals that may be different from your own. -participate in or establish ethics rounds. Ethic rounds use hypothetical or real cases that focus on the ethical dimensions of client care rather than the client's diagnosis and treatment. -serve on institutional ethics committees -strive for collaborative practice in which nurses function effectively in cooperation with other health care professionals
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identify the ethical responsibilities of the professional nurse
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-uses code for nurses with interpretive statements -delivers care in a manner that preserves and protects healthcare consumer autonomy, dignity, rights, values, and beliefs -recognize the centrality of the healthcare consumer and family core members as any healthcare team. - upholds healthcare consumer confidentiality within legal and regulatory parameters - assists healthcare consumers in self-determination and informed decision making -maintains a therapeutic and professional healthcare consumer nurse relationship within appropriate professional role boundaries - contributes to resolving ethical issues involving healthcare consumer, colleagues, community groups, systems, and other stakeholders - takes appropriate action regarding instances of illegal, unethical, or inappropriate behavior that can endanger or jeopardize the best interests of the healthcare consumer or situation. -speaks up when appropriate to question healthcare practice when necessary for safety and quality improvement. -advocates for equitable healthcare consumer care.
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outline at least 3 rights and 3 responsibilites of the professional nurse
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3 responsibilities- to promote health, to prevent illness, and to restore health and to alleviate suffering. 3 rights-
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discuss the advocacy role of the nurse
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protect the clients rights. Informs clients about their rights and provides them with information they need to make informed decisions.
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compare and contrast the scopes of practice of the RN, LPN, and ARPN
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RN-that the practice of nursing, means those functions, including basic health care, which help people cope with difficulties in daily living which are associated with their actual or potential health or illness problems, or the treatment thereof, which require a substantial amount of scientific knowledge or technical skill. LPN-performing tasks and responsibilities within the framework of case findings, health teaching, health counseling, and provision of supportive and restorative care under the direction of a registered professional nurse, or licensed physician, dentist or other licensed health care provider legally authorized under this title and in accordance with the commissioners regulations. ARNP- registered nurses who receive additional education, in the form of master's degrees or higher. they practice independent practice. provide direct patient care services without supervision by or forced collaboration with physicians, whether the services are provided in a hospital, a private office, a clinic, an outpatient center, or a patients home.
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Professional values
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altruism autonomy human dignity integrity social justice
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list sources of law and types of law
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Types of law- Public law- criminal law Private (civil) law- contract law, and tort law. Sources of law- Constitutional law- supreme law of the country Administrative law- when a state passes a statute, an administrative agency is given the authority to create rules and regulations to enforce the statutory laws. Common law- laws evolving from court decisions
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Describe the legal responsibilities inherent in nursing practice
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