Legal and Ethical Aspects of Nursing Review

These vocabulary flashcards cover essential legal and ethical concepts related to nursing practice.

Legal Principles

Fundamental laws that guide nursing practice and establish the minimum standard of care.

Ethical Principles

Guidelines that inform the moral aspects of nursing and healthcare decisions.

Scope of Practice

The range of responsibilities and activities that a nurse is permitted to perform within their professional role.

Negligence

The failure to exercise the care that a reasonably prudent person would exercise in similar circumstances.

Malpractice

Professional negligence where a healthcare provider fails to provide the standard of care resulting in harm to a patient.

Informed Consent

The process of obtaining permission from a patient before performing a medical procedure after adequately informing them of the procedure and its risks.

Civil Law

Law that deals with the rights of individuals and organizations and provides a legal process for resolving disputes.

Criminal Law

Law concerned with actions that are offenses against the public and punishable by the state.

Patient

’s Bill of Rights

A formal statement of the rights and responsibilities of patients to ensure understanding of their rights in healthcare.

Advocacy

The role of the nurse in supporting and promoting the rights and interests of patients.

Duty

The legal obligation for a nurse to provide care within the established relationship with the patient.

Breach of Duty

Failure to meet the standard of care expected in the profession.

Harm (Negligence)

The damage or injury caused to a patient due to a breach of duty.

Proximate Cause

The direct link between the breach of duty and the harm suffered by the patient.

Confidentiality

The ethical and legal obligation to protect patient information from unauthorized disclosure.

Advance Directives

Legal documents that allow patients to specify their preferences for medical treatment in case they become unable to communicate.

Good Samaritan Law

Legal provision that protects healthcare professionals from liability when they provide assistance in emergencies.

Medical Records

Confidential documents that contain patients' health information and medical history.

Reporting Abuse

The mandatory legal and ethical duty of healthcare professionals to report suspected abuse cases.

Professional Liability Insurance

Insurance that protects healthcare professionals against claims of negligence or malpractice.

Patient Self-Determination Act

A law that requires healthcare providers to inform patients of their rights to make decisions about their care.

Disciplinary Action

Actions taken by regulatory bodies to address violations of laws or professional standards.

Ethical Dilemma

A situation in which moral principles and obligations conflict, making it difficult to decide on the right course of action.

Fidelity

The ethical principle of being faithful to commitments and obligations.

Beneficence

The ethical principle of acting in the best interest of patients and promoting their wellbeing.

Non-maleficence

The ethical principle of doing no harm to patients.

Justice

The ethical principle that emphasizes fairness and the equal treatment of all patients.

Autonomy

The patient's right to make their own decisions regarding their healthcare.

Patient Privacy

The right of patients to keep their personal health information private and secured.

Cultural Competence

The ability of healthcare providers to deliver effective care that respects the cultural beliefs and practices of patients.

LPN/LVN Scope of Practice

The legally defined responsibilities and duties that Licensed Practical Nurses and Licensed Vocational Nurses are permitted to perform.

Chain of Command

The hierarchical structure in healthcare that outlines the authority and responsibility to address issues and report concerns.

Liability

Legal responsibility for actions or omissions that result in harm or injury to another.

Statutory Law

Laws enacted by legislative bodies, including federal, state, and local governments.

Common Law

Law developed through judicial decisions and court rulings, based on precedents.

Nurse Practice Acts

State laws that regulate nursing practice and define the scope of nursing in that jurisdiction.

Patient Care Partnership

An updated version of the Patient's Bill of Rights that delineates patient rights and responsibilities.

Ethics Committee

A group within a healthcare institution that addresses ethical issues and provides guidance on complex situations.

Competency

The ability of a patient to understand the implications of their medical decisions.

Living Will

A type of advance directive that specifies which medical treatments are desired or not desired at the end of life.

Durable Power of Attorney

A legal document that designates a person to make healthcare decisions on behalf of a patient if they become incapacitated.

HIPAA

Health Insurance Portability and Accountability Act that protects patient privacy and confidentiality.

Ethical Issues

Challenges that confront nurses in determining the right course of action based on ethical principles.

Compassionate Care

Providing care that is empathetic and understanding towards patients' emotions and experiences.

Patient Expectations

The rights and anticipations that patients have regarding the quality and type of care they receive.

Financial Abuse

In nursing, this refers to the illegal or improper use of a patient's funds, property, or assets by a caregiver. For example, a nurse coercing an elderly patient to sign over power of attorney for financial matters, or a nurse regularly 'borrowing' money from a patient without intent to repay.

Physical Abuse

In nursing, this refers to intentionally inflicting bodily harm or injury upon a patient. For example, a nurse roughly handling a patient, pushing them, or administering unnecessary restraints aggressively.

Emotional/Psychological Abuse

In nursing, this involves any action that causes mental anguish, fear, or distress in a patient. For example, a nurse yelling at a patient, belittling them, threatening them with painful procedures, or isolating them from social interaction.

Neglect

In nursing, this is the failure to provide proper care, supervision, or services necessary to maintain a patient's health and safety. For example, a nurse consistently failing to turn an immobile patient, leading to bedsores, or not providing necessary hygiene care or medication in a timely manner.

NCLEX: A patient, deemed competent, refuses a blood transfusion despite understanding the risks. Which ethical principle is paramount in guiding the nurse's response?

Autonomy. The nurse must respect the patient's right to make their own healthcare decisions.

NCLEX: A nurse fails to check a patient's medication allergies before administering a new drug, resulting in an anaphylactic reaction. This is an example of which legal term?

Malpractice, as it is professional negligence where the standard of care was not met, leading to patient harm.

NCLEX: A nurse shares a patient's diagnosis with an unauthorized family member over the phone. This action directly violates which legal mandates and ethical principles?

Confidentiality and HIPAA (Health Insurance Portability and Accountability Act), which protect patient privacy and health information.

NCLEX: A nurse observes that an elderly patient in long-term care consistently has soiled linens, poor personal hygiene, and pressure ulcers that are not being properly treated by the assigned staff. This situation indicates a potential instance of:

Neglect. It is the failure to provide proper care necessary for a patient's health and safety, and the nurse has a mandatory duty to report it.

NCLEX: While off-duty, a nurse stops to render aid to an unconscious individual at the scene of a car accident. What legal protection might apply to the nurse in this emergency situation?

Good Samaritan Law. This law protects healthcare professionals from liability when providing reasonable voluntary assistance in emergencies.

When faced with an ethical dilemma involving conflicting principles, what is the primary role of the Ethics Committee?

To provide guidance and support to healthcare providers, patients, and families in resolving complex ethical issues, ensuring patient-centered care and adherence to ethical principles.

An elderly patient with confusion is unable to sign surgical consent forms. Who should the nurse contact to ensure the patient's rights are protected and consent is legally obtained, assuming no appointed power of attorney?

The nurse should contact the patient's legal next of kin or family members for surrogate decision-making, in collaboration with the healthcare team and potentially an ethics committee, to ensure the patient's best interests are met while upholding legal requirements.

A nurse administers a medication to a patient without a physician's order. This act could result in charges of which legal term?

Malpractice (if harm occurs) or practicing without a license/beyond scope of practice, and potential disciplinary action by the state board of nursing, as it's a direct violation of standard procedures and Nurse Practice Acts.

A nurse discovers a colleague is diverting narcotics for personal use. What is the nurse's ethical and legal obligation?

The nurse has a mandatory ethical and legal duty to report the colleague to the appropriate authorities, such as the nurse manager, supervisor, or the state board of nursing, to ensure patient safety and uphold professional standards.

What is the primary purpose of a 'Nurse Practice Act' in a given state?

To protect the public by defining the legal scope of nursing practice, setting educational requirements, and establishing standards for professional conduct and disciplinary actions for nurses within that state.