Fundamental of Nursing Chapter 3 Nursing Ethics and Law

Professional ethics

Are published formal statements indicating the professions expectations for its members

Values

Is related to your belief of something's worth & may differ from the values of others around you

Ethics

Made up of the values that influence your decisions and behavior

Ethical dilemma

Is a situation in which a decision must be made between two opposing alternatives when there is not an exact right or wrong answer.

Advocate

For a patient means to stand up for that which is in the patients best interest, as opposed to that which is in the best interest of the physician, hospital, or coworker

Empathy

Is the ability to intellectually or emotionally understand the feelings of another person without actually experiencing or even agreeing with their situation, thoughts, feelings, distress, or pain

Sympathy

Which is sharing the feeling and distress of the other individual

Negligence

a patient injury that occurs because the nurse fails to meet his or her responsibility to the patient, failure to provide certain care that another person of the same education & locale would generally provide under the same circumstances

Constitutional law

U. S Bill of Rights, which provides U. S citizens with 10 rights, one of which, the right to privacy

Nurse Practice Act (NPA)

Which provides the scope of nursing as designated by each state

Administrative laws

These agencies write and enforce rules & regulations dictating the boundaries within which nurses must practice

Case or judicial laws

Are written in response to specific legal questions brought before the courts

Precedents

Are set by which similar future cases will be judged

Health Insurance Portability and Accountability Act (HIPPA)

AKA Privacy Protector, implemented by regulations of the U.S. Department of Health and Human Services in 1996

Abandonment of patient

To desert or forsake a patient in your charge; to leave a patient in your charge without appropriate nursing replacement; wrongful termination of care

Advance directive

A written statement indicating a patients wishes regarding future medical care in the event the patient becomes unable to voice his or her decisions; it may give consent for certain aspects of care as well as refusal of specific care

Appeal

To challenge the decision of a court to a higher court, where the decision will be either confirmed or reversed

Assault

To purposely threaten physical harm to an individual, or to show intent to touch him or her without permission

Battery

To touch an individual without consent, to intentionally cause a patient harm

Civil law

The individual or personal rights guaranteed by federal law, such as the Constitution & Bill of Rights, Protect an individual's personal rights, such as life, liberty, thinking, speaking, privacy, & most health care issues

Competency

The legal qualification to make one's own decisions

Consent

To give permission for, to agree to; the consent generally must be written

Controlled substances

Drugs regulated by law; drugs that have potential for abuse, such as narcotics

Criminal laws

Laws that protect the public or safety, Protect the public or society as a whole

Damages

Money awarded to a plaintiff upon proving injury by the defendant

Defendant

The one accused of breaking criminal or civil law

Durable medical power of attorney

Legal written designation making another person responsible for ones medical decision

Emancipated minor

Legal consideration of one younger than age 18 years as an adult because he or she lives alone & is self supporting, has joined the military, is married, or is a parent

Liability

One's responsibility for his or her own actions, such as acts of negligence

Libel

One's responsibility for his or her own actions, such as acts of negligence

Malpractice

Injury, loss, or damage to a patient because of failure to provide a reasonable standard of care or demonstrate a reasonable level of skill, when the nurse's action fail to meet professional standards of care and injures a patient

Plaintiff

The one accusing another of criminal or civil law violation

Statute

A written law

Tort

A violation of a civil law; involves a wrong against an individual or his or her property

Health Information Technology for Economic and Clinical Health (HITECH) Act

new federal statue enacted in 2009, made significant changes to HIPPA, Implemented by regulations of the U.S. Department of Health and Human Services in 1996, this federal law provides for confidential maintenance of protected patient health information

Breach notification

Requires health-care businesses to notify individuals in writing when the individual's private health information is known to have been breached

Center for Diease Control & Prevention (CDC)

Determines steps to take regarding treatment & contaimeny of illness, immunizations, & future research.

false imprisonment

intentionally preventing a patient from leaving a facility or restricting his or her movement within the facility

sexual harassment

harassment based on sex and is unwelcome, causing a hostile or offensive work environment a form of discrimination that violates the Civil Rights Act of 1964

Good Samaritan Law

Provides protection to the voluntary caregiver at sites of accidents and emergencies

abandonment

The premature cessation of the professional care nurse-patient relationship without adequate notice or the patient's permission

standards of care (standards of performance or clinical guidelines)

represent the level of skill and nursing care that another nurse in the same area of the country, with the same education level, would perform in the same situation

Informed consent

Is written permission to allow medical treatment or surgical procedures

Incident report

They are to be completed in the event of an unusual occurrence or an accident.

proxy directive

designates the individual legally responsible for making medical decisions when a person is unable

instructional directive

specifies aspects of care the person does or does not desire and the circumstances in which to apply these wishes