Ethics, Law, and Delegation in Nursing

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48 Terms

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Values

Personal belief about something’s worth.

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Ethics

The values that influence a person’s decisions and behavior.

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Ethical dilemma

A situation in which a decision must be made between two opposing alternatives.

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Civility

Treating others with courtesy, politeness, and respect, even if you disagree with what they think or believe.

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Advocate

The nurse stands up for what is in the patient’s best interest; stands up for patients when they cannot stand up for themselves.

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Patient Care Partnership (PCP)

Discusses the expectations, rights, and responsibilities of the patient during their hospital stay.

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Empathy

The nurse must demonstrate empathy in the care of patients.

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DNAR order

Used in the terminal stages of a disease and written by the health-care provider.

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Ethics Committees

Committee members serve the health-care facility by developing its policies and procedures for handling ethical issues; focus on patients and their rights.

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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

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Advance directive

A written statement indicating a patient’s 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

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Assault

To purposely threaten physical harm to an individual

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Battery

To touch an individual without consent

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Civil law

The individual or personal rights guaranteed by federal law, such as the Constitution and the Bill of Rights

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Competency

The legal qualification to make one’s own decisions

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Consent

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

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Controlled substances

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

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Criminal law

Laws that protect the public or society

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Damages

Money awarded to a plaintiff upon proving injury by the defendant

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Defendant

The one accused of breaking criminal or civil law

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Durable medical power of attorney

Legal written designation making another person responsible for one’s medical decisions

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Emancipated minor

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

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Liability

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

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Libel

False written statements about another that are made publicly known, with intent to harm

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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

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Negligence

Failure to provide certain care that another person of the same education and locale would generally provide under the same circumstances

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Plaintiff

The one accusing another of criminal or civil law violation

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Statute

A written law

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Tort

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

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Statutory Law

Federal, state, and local laws (Nurse Practice Acts)

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Case or Judicial Law

Written in response to court cases

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Criminal Law

Protects the public as a whole

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Civil Law

Involve an individual’s personal rights

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HIPAA

Health Insurance Portability and Accountability Act of 1996. Provides for confidential maintenance of protected health information.

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HITECH Act

Health Information Technology for Economic and Clinical Health Act (2009). Stimulated the adoption of the EHR and established penalties for those health-care providers not using an EHR by 2015.

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Nurse Practice Acts (NPA)

Each state has an NPA that defines the scope of nursing within its state.

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Mandatory Reporting Law

Most states have laws requiring the reporting of certain situations to the proper authorities such as outbreaks of disease, child abuse, abuse of disabled individuals, and elder abuse.

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The Good Samaritan Law

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

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False imprisonment

Restraint devices

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Sexual harassment

Harassment that includes unwelcome sexual advances, comments of a sexual nature, or offensive remarks about a person’s sex

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Patient health record

A health record kept on patients who enter the health-care system

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Informed consent

A voluntary agreement made by a well-advised, mentally competent patient to be treated by a health-care provider or institution

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Advance directive

Written documents that provide guidelines for making medical decisions in the event a person becomes incapacitated and unable to make wishes known

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Incident report

Completed in the event of an unusual occurrence or an accident

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Being accountable

Responsible for your actions

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Achieving competence

Performing as a nurse successfully and efficiently. Comes with practice and experience.

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Following standards of care

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

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Continuing education

Helps the nurse maintain, improve, expand, and enhance their knowledge. Necessary to stay abreast of changes.