Ethics and Law terms

Veracity

refers to the nurse’s obligation to provide truthful and accurate information to the client. This truthfulness is an integral component of nursing and helps strengthen the nurse–client relationship by establishing a sense of trust.

Autonomy

refers to the nurse’s obligation to respect the client’s right to make their own decisions regarding their health care, including the right to refuse care. Unless the client’s decision is harmful to others, the nurse has an obligation to respect and advocate for the client’s wishes.

Beneficence

refers to the nurse’s obligation to minimize harm and practice in a way that benefits the client, also means going above what is required.

Nonmaleficence

refers to the nurse’s obligation to do no harm.

Fidelity

refers to the nurse’s obligation to demonstrate loyalty, to keep promises, and to uphold commitments.

Justice

refers to the nurse’s obligation to provide treatment, care, and resource allocation that is impartial, fair, and equitable to all clients regardless of age, sex, race, or economic status. All clients have a right to be treated fairly and provided the same standards of safety and compassionate care.

Values

What we believe as individuals to be important, good, and meaningful. This drives our behaviors and is used throughout our lives when making decisions about our actions and how we respond toward others.

Altruism

The selfless concern and actions for the benefit of someone else. An example of this is a nurse rushing to help someone in need, sometimes ignoring risk to themselves and putting the needs of the client first.

Human Dignity

implies that each individual, regardless of race, religion, gender, sexual orientation, culture, ethnicity, socioeconomic status, or any of our characteristics or personal preferences, has intrinsic value and should be respected and treated equally.

Integrity

a nurse demonstrates honesty, even when circumstances challenge the nurse’s character, and it can be difficult to sustain.

Social Justice

The awareness of the basic right to health and well-being of every individual. The ANA Code of Ethics with Interpretive Statements states that it is the nurse’s obligation to support and protect the rights of clients throughout the world.

Emergency Medical Treatment and Labor Act (EMTALA)

Ensures that all individuals, regardless of their insurance or financial status, have equal access to emergency medical care.

Health Insurance Portability and Accountability Act of 1996 (HIPPA)

Legislation to protect insurance coverage and private information of clients. Its purpose is to protect client privacy and personal health information for security breaches, particularly electronic data. It was established by the federal government with the goal of making health care more efficient.

Criminal law

A prosecutor has the burden of proof to show a nurse has violated a criminal standard “beyond a reasonable doubt.”

Civil Law

This deals with disputes between individuals or between an individual and an organization. The burden of proof is “preponderance of evidence”.

Tort Law

An act or omission that causes legally cognizable harm to persons or property.

Informed consent

Permission to provide care given by the client after relevant information is provided. Consent must be given by a client or a legal representative voluntarily, without coercion by others.

Implied consent

The client is not required to express their permission for care, an intervention, or other activities, verbally or in writing. In other words, the client isn’t required to verbally state that they give consent. A client gives this consent by allowing themselves to be examined or treated by a health care provider, even if they do not clearly state their approval of treatment.

Advance Directives

Legal documents in which a client’s decisions related to health care are documented.

Good Samaritan Laws

A nurse does not have a legal obligation to provide care to anyone outside of their employment obligations. This protects and encourages people (including nurses) to provide aid in the event of an emergency (in good faith), without fear of being held liable for their well-intentioned actions.

Whistleblowing

A nurse formally reporting on illegal acts, wrongdoing, or unethical practice within an organization to the national and/or state agency that is responsible for regulation of the organization. There are federal and state-level safeguards to protect the nurse.

Mandatory Reporting

a legal duty to report information that can prevent maltreatment and provide safety to another individual(s).

Sentinel event

an occurrence that resulted in the permanent disability, temporary severe injury, or the death of the client.

Client abandonment

An action in which the provider deserts a client for whom they have established a provider–client relationship without ensuring the continuation of care.​​​​​​​ Examples include, leaving the unit without arranging for another nurse to provide care for assigned clients,clients, failure to provide report to another nurse prior to leaving the unit, and sleeping while assigned to provide care for a client.

HIPPA violations cause this:

1) Termination

2) State board can reprimand you.

3) If civil case can be imprisoned.

4) Employer can be fined for your mistakes.

Assault

An unjustified attempt or threat to touch someone.

Battery

Causing acute physical harm to someone.