Ethical and Legal Issues

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Ethical and Legal Issues
2014-02-26 12:49:22
Ethical and Legal Issues
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  1. Advance directives?
    • living will
    • power of attorney
  2. Some ethical principles? ( autonomy, nonmalficence, beneficence, justice, veracity, fidelity)
    • - Autonomy : respect for an ind. right for self-determination 
    • Nonmalficence : do or cause no harm to another Beneficence: do good to others and maintain balance between benefits and harm
    • Justice-
    • Veracity: obligation to tell the truth
    • Fidelity: duty to do what one has promised
  3. Negligence?
    • conducts that falls below std of care  
    • can include acts of omission and commission
    • in tort law - negligence applies to harm caused by carelessness, not intentional harm.
  4. Malpractice?
    type of negligence (negligence on the part of the nurse) - determined if nurse owed a duty to a client and did not carry out the duty and the client was injured bc the nurse failed to perform the duty
  5. Contract Law?
    concerned with enforcement of agreement among private individuals --> nurse-pt relationship
  6. Civil law?
    concerned with relationships amongst persons and the protection of a person’s right - violation may cause harm to a person or a property but no threat to society exist
  7. Criminal Law?
    relationships between ind and gvts, acts that threaten society and its order ( crime = offense against soceity that violates a law) -->  felony/ misdemeanor
  8. Tort Law?
    • civil wrong other than a breach of contract in which the law allows the injured person to seek damages from the person who caused the injury  - intentional ( fraud, assault, defamation, false imprisonement, invasion of privacy)
    • - unintentional ( negligence malpractice)
  9. Minors and consent form? - when is parent approval needed?
    Emancipated minors?
    • Parental or guardian consent should be obtained before treatment is initiated for a minor except in the following cases: 
    •  - emergency
    •  - situations in which the consent of the minor is sufficient ( treatment r/t substance abuse, STI, HIV, test for AIDS, BC services, pregnancy or physhiatric services)
    •  - emancipated minor
    •  - court order or other legal authorization has been obtained.

    • Emancipated minor - can sign informed consent.
    •  - marriage
    •  - pregnancy
    •  - service in the armed force
    •  - by court order
  10. What should the nurse report to the authorities?
    • gunshot wounds, stab wounds, assault homicides, suicides 
    • abuse of any form - child abuse, domestic violence- dog bites, certain communicable disease
  11. Incident report and nurse note, and pt's record
    • Incident reports should not be placed in client’s record  
    • make no reference to the incident report form in the client’s record.
    • The incident report is not documented in the nurse’s note
  12. Slander?
    the action or crime of making a false spoken statement damaging to a person's reputation
  13. Libel?
    a published false statement that is damaging to a person's reputation; a written defamation
  14. Ethical reasoning - process of thinking about ethical issues
    • - gathers information relevant to case
    • identify own values regarding the issue
    • verbalizes the pb ( in simple sentence)
    • considers possible courses of action
    • negotiate outcome
    • evaluates the action