Ethics/Legal ch11 RoleDev

ch11

Ethics

right and wrong socially

Legal

laws and regulations

societal ethics lead to

judgement about patient right and benefits

Major ethical principles

beneficence, nonmaleficence, respect for autonomy, justice

Beneficence

doing good

Nonmaleficence

avoiding harm

respect autonomy

decision making freedom

Justice

act fairly and equitably to everyone

Other ethical principles

Veracity, accountability, advocacy, confidentiality, fidelity, responsibility

veracity

truthfulness

fidelity

keeping promises

Ethical theories

deontology, utilitarianism, rights based, justice based, virtue based

Deontology

duty based ethics, focuses on right/wrong of individual behaviors, duties, obligations without concern for consequences of actions

foundation for most health care codes of ethics

deontology

Utilitatianism

focus solely on consequences, ends justify means

Rights-based

focus on rights of individual, doesn’t consider effects on whole of society

Justice-based

no person should have advantage over another; organ transplant lists

Virtue-based

focus on personal traits of individuals rather than societal norms

Guide nurses in ethical practice and decision making

codes of ethics

bioethics

study of ethical and philosophical issues in biology and medicine

bioethical issues

gene testing, cloning, end of life care, resource allocation

moral distress

anguish of healthcare workers when basic beliefs of right/wrong challenged

moral resilliance

capacity to sustain or restore integrity in response to moral complexity, confusion, distress, setbacks

4 Rs of moral distress strategy

Recognize, release, reconsider, restart

constitutional law

bill of rights

Statutues

legislative bodes like state/congress; Nursing Practice Acts (NPA)

Nursing Practice Acts (NPA)

define scope of practice in the state

Regulatory law

administrative bodies eg. state boards of nursing

case law

documented, published, set legal precedents

criminal law

defines crimes and punishment; misdemeanor, felony

misdemeanor

crime of lesser consequence

felony

more serious crime

civil law

govern unjust acts against individuals; requires restitution; torts

torts

wrongs commited against another person (no contact)

intentional torts

assault, battery, defamation, false imprisonment, invasion of privacy

assault

threat of harm or imminent danger

battery

physical harm

libel

written defemation

slander

oral defemation

false imprisonment

unauthorized restraint or detention of a person

physically restraining patient

false imprisonment or battery

invasion of privacy

public disclosure of private information, use of a persons likeness of name without permission

unintentional torts

malpractice, negligence

Negligence

failing to do something or doing something unreasonable (4Ds)

Malpractice

negligence by a person in a professional role

Negligence 4 Ds:

duty, dereliction, damages, direct cause

Duty

provider owed a duty to accusing patient

dereliction

proof that actions did not meet standard of care or was omitted; breach of duty

damages

actual harm/injury evident

direct cause

causal relationship between hard and actions omitted by nurse

Professional conduct

social networking (posting), competence (up to date knowlege), workplace bullying, Substance use disorder

avoid liability issues

adhere to principles of delegation, accurate/timely documentation

informed consent

permission granted by patient who knows: exact details of treatment, necessity of treatment, benefits/risks, alternatives, risks of refusal

patients bill of rights

high quality care, clean/safe environment, involvement in care, privacy, help leaving hospital, help billing

DNR

no extraordinary measures are to be taken to prolong a patient’s life in the case of a natural death

POLST (Physician orders for life-sustaining treatments)

dictate measures to be taken in certain circumstances

HIPAA (health insurance portability accountability act)

accessibility, portability, privacy, confidentiality

Uniform determination of death law

identified a comprehensive and medically sound basis for declaring a person dead (brain activity)

MAID (Medical aid in dying) and euthanasia

illegal US

Americans With Disabilities Act

delineates requirements for reasonable physical accommodation and services that allow individuals with disabilities to be employed and live reasonably unobstructed lives