Fundamental Concepts and Skills for Nursing Chapter 3 Legal and Ethical Aspects of Nursing

privilege

permission to do what is usually not permitted

ethical codes

actions and beliefs approved of by a particular group of people

ethical principles

rules of right and wrong from an ethical point of view

ethics committee

a group made up of various departments that get together policies and address issues

laws

rules of conduct that are established by our government

judicial law

when a law or court decision is challenged into the courts and the judge affirms or reverses the decision

statues

laws

tort

violation of the civil law

nurse practice act

laws that define the scope of practice of nursing

nurse licensure compacts

trend of nursing where participating states allow nurses to practice in appointed states

reciprocity

recognition of one's license in another state

accountability

taking responsibility for one's action

delegation

the assignment of duties to another licensed person

assignment

duty given to an unlicensed person

standards of care

provide a way of judging the quality and effectiveness of patient care and determines whether a nurse acted correctly.

OSH (Occupation Safety and Health Act)

Law passed to improve the safety of the work environment

OSHA

keeps working conditions safe for all workers

discrimination

making a decision based on a class or group to which they belong

sexual harassment

unwelcomed sexual advances

sentinel event

an unexpected event that results in death

QSEN (Quality & Safety Education for Nurses) Project

advocates adding the letter I at the beginning of the SBAR and the R a the end

confidential

kept private

consent

gives permission

release

form used to excuse one party from liability or a form to authorize release of records

liability

responsibility

Advanced Directive (Living will)

states patient's wishes if they are unable to do so

health care agent

surrogate decision maker

DNR order

written by physician when a person wishes to die if the heart stops

patient advocate

one who speaks for and protects patient rights

negligence

failure to meet standards of care

prudent

sensible and careful

malpractice

negligence by a professional when they did not act by standards of care

assault

the threat to harm another person

battery

the actual physical contact against the person's will

defamation

when one person makes untrue remarks about another

slander

oral defamation

libel

written defamation

invasion of privacy

violation of confidentiality of professional relationship

nondisclosure agreement

confidentiality agreement

protective devices

anything that prevents patient movement. Can be locks, rails, belts, garments, sedatives, etc; Must be ordered by physician

false imprisonment

preventing a person form leaving or restricting movement within a facility

incident report

used to document an occurrence

ethics

rules of conduct by a particular group

euthanasia

the act of ending someone's life to end their suffering (mercy killing)

whistle blowing

reporting illegal or unethical actions

appeal

challenge of a court decision

civil rights (civil law)

personal or individual conditions guaranteed by the constitution

controlled substance

specific drugs with a potential for abuse

crime

violation of public law

felony

a serious crime that may result in prison term of one year or more

Litigation

lawsuit or legal process to prove facts

Medical power of attorney

Legal assignment of ability to make health care decision for another person (similar to health care agent)

misdemeanor

less serious crime that may result in fines and/or prison term of less than one year

plaintiff

person who believes that he has been injured

power of attorney

legal action to allow a person to conduct business matters for another

precedent

A judicial decision that is used as a guide in interpreting the law and decides cases afterwards

privileged relationship

one that requires confidentiality

Judicial Law

when a law or court decision is challenged in court and the judge affirms or reverses the decision

Administrative law

Laws created by legislature (ex: DHH)

civil law

wrongdoing of a person against another person

criminal law

wrongdoing against society

To accuse malpractice, one must prove...

duty
breach of duty
causation
injury/damages

Type of laws

judicial law
administrative law
civil law
criminal law

emancipated minor

person under the age of 18 who is considered a legal adult due to marriage, parenthood, or enlisting in armed services.

handoff communication

the passing of information from one caregiver to another in shift change, patient transfer, or physician contact.

Leaving AMA

leaving the hospital against physician's advice

Competent vs incompetent patient

a competent patient is considered 18 years of age and mentally/emotionally stable (legally fit)

Good Samaritan Act

Law that protects healthcare professionals from liability if they stop to provider care during an emergency. Void if there is evidence of gross negligence or misconduct.

HIPPA

Law made in 1996 to protect patient privacy

Six patient rights covered by HIPPA

consent
notice
access
amendment
accounting for disclosure
restriction of disclosure

Two forms of defamation

slander
libel

Student nurses

held to the same standards as licensed nurses
responsible for their own actions/inactions
must not exceed scope of practice

professional discipline

occurs when a licensed nurse is charged with violation and there is an investigation to determine truth.

Guidelines to reduce legal risk

maintain competence
document fully
establish rapport
communicate effectively
take care of yourself

defendant

person accused of violation of public or civil law

assisted suicide

aiding a person to end his life