Legal and Ethical Responsibilities in Practical Nursing

Vocabulary flashcards covering legal and ethical concepts, statutes, torts, standards of care, and principles of ethics in practical nursing.

Nurse Practice Act (NPA)

State law that defines nursing practice, establishes standards for nurses, and outlines the scope of practice for various levels of nurses (APRN, RN, LPN).

Activities of Daily Living (ADLs)

Basic self care tasks that an individual performs on a daily basis.

Basic Nursing Care

Nursing care that can be safely performed by the LPN, including ADLs and skilled nursing procedures.

Basic Patient Situation

A clinical situation where the patient's condition is predictable, medication and nursing orders are not changing continuously, and the patient is stable.

Complex Nursing Situation

A clinical situation where the patient's clinical condition is not predictable and involves frequent changes in medical and nursing orders.

Delegated Medical Act

A healthcare provider's order given to an RN, LPN, or LVN.

Delegation (Nursing)

A nursing activity transferred from a licensed nurse to a delegate who is competent to perform the activity and verbally accepts responsibility.

General Supervision

Supervision where a supervisor regularly coordinates, directs, or inspects nursing care and is within reach either in the building or by telephone.

Direct Supervision

Supervision where the supervisor is continuously present in the building to coordinate, direct, or inspect nursing care.

State Board of Nursing (BON)

Governmental bodies that regulate and oversee the practice of nursing within a specific state or jurisdiction to protect the public and ensure safe care.

Interstate Endorsements

A process that makes it possible to work in another state without repeating the NCLEX-PN examination, after meeting that state's criteria for licensure by endorsement.

Multi-state Licensure

Allows a nurse to have one license in their state of residency and practice in other states, depending on each state's Nurse Practice Act and legislation.

Nursing Standard of Care

Guideline for good nursing care based on what an ordinary, prudent nurse with similar education and nursing experience would do in similar circumstances.

Common Law

Law that is developed through court decisions (judicial precedents) rather than written statutes.

Statutory Law

Law that is written and enacted by legislative bodies, such as Congress or state legislatures.

Criminal Action

Legal action involving people and society as a whole and relationships between individuals and government.

Misdemeanor

The least serious criminal charge that can result in a fine or prison for not more than one year.

Felony

A serious criminal offense with a penalty ranging from more than one year in prison to death.

Civil Action

Legal action that protects individual rights and results in payment of money to the injured person.

Tort

A civil wrong or injury done to someone that violates his or her rights.

Intentional Tort

A civil wrong requiring a specific state of mind where the nurse intended to do the wrongful act and cause harm to the patient.

Unintentional Tort

An action that is not meant to cause harm to the patient but does, resulting from a failure to follow established guidelines.

Assault

An unjustified attempt or threat to touch someone.

Battery

Causing physical harm to someone or treating a patient without consent.

False Imprisonment

Keeping someone detained against his or her will, including inappropriate use of restraints or seclusions.

Defamation

Damage to someone's reputation through false communication or communication without permission.

Libel

Defamation through written communication or pictures.

Slander

Defamation by verbalizing untrue or private information (gossip) to a third party.

Negligence

Conduct which falls below the standards established by the law for the protection of others against the unreasonable risk of harm.

Malpractice

Negligence committed by a professional relating to action or lack of action.

Duty

Refers to the nurse's responsibility to provide care in an acceptable way; one of four elements needed to prove negligence.

Breach of Duty

Occurs when the nurse does not adhere to the nursing standard of care; one of four elements needed to prove negligence.

Damages

The requirement that the patient must be able to show that a nurse's negligent act injured them in some way; one of four elements needed to prove negligence.

Proximate Cause

A reasonable cause-and-effect relationship shown between the omission or commission of the nursing act and harm to the patient; one of four elements needed to prove negligence.

Personal Liability

Legal responsibility that holds an individual responsible for their own behavior, including negligent behavior.

Vicarious Liability

Responsibility for actions of another because of a special relationship with that individual.

Institutional Liability

Assumes that the health facility provides certain safeguards to keep the patient from harm.

Accountability

Meaning that you are answerable to yourself, to your assigned patient, to the team leader, to the preceptor, to the physician, and to your instructor.

Privacy in Health Care

The right to be left alone and free from intrusion, including governing bodily integrity and controlling when sensitive information is shared.

Confidentiality in Health Care

The nondisclosure of private information regarding patients.

Legal Competency

Status belonging to an individual 18 years or older, a pregnant or married woman, or a legally emancipated minor, who is competent in the eyes of the law unless decided otherwise by a court.

Clinical Competency

Refers to a patient who can identify their medical problem, understand options/consequences, make a decision, and provide sound reasons for their choice.

General (Implied) Consent

Consent indicated by the fact that a person voluntarily sought admission to a health care agency and willingly signed a general admission form.

Informed Consent

Consent required for invasive therapeutic or diagnostic procedures, which is the responsibility of the healthcare provider to obtain.

Authorized Consent

Consent given by parents to authorize medical treatment for their children up to a certain age.

Patient Self-Determination Act (PSDA)

Federal amendment requiring Medicare and Medicaid providers to inform admitted patients of their rights under state law governing advance directives.

Advance Directives

Documents used to communicate a patient's wishes regarding end-of-life care should they become unable to do so.

Living Will

A legal document describing the medical or life-sustaining treatments a person would want if seriously or terminally ill, without naming a decision-maker.

Durable Medical Power of Attorney

Names a health care proxy (at least 18 years old) to make medical decisions whenever a patient is unconscious or unable to speak for themselves.

Do-Not-Resuscitate (DNR) Order

An advance directive order giving a health care provider legal permission to withhold CPR.

Physician-assisted Suicide

Refers to a health care provider providing the prescription for death, which the patient then self-administers.

Euthanasia

Action where a health care provider acts directly, such as by lethal injection, to end a patient's life.

Palliative Care

Specialized care for people with serious illness that can be provided at any stage alongside curative or life-prolonging treatments.

Hospice Care

Care specifically for individuals with a terminal illness having a prognosis of six months or less to live who have chosen to forgo further curative treatments.

Good Samaritan Act

Laws stipulating that a person who renders emergency care in good faith at the scene of an accident is immune from civil liability for their actions.

Ethics

A system of standards or moral principles that directs actions as being right or wrong.

Morals

Principles concerned with dealing with right or wrong behavior (conduct) and character.

Values

The worth assigned to an idea or an action, which are freely chosen and can change over time.

Nonmaleficence

The nurse's ethical obligation to avoid causing harm to the client (Do no harm).

Beneficence

The ethical principle of providing care that is in the best interest of the client (Do good).

Autonomy

The ability of the client to make personal choices and decisions regarding their care, even if not in their best interest (Free to choose).

Fidelity

The ethical principle of keeping one's promise to the client regarding care that was offered (Be true).

Justice

The ethical principle requiring nurses to deliver fair and equal treatment to all patients and avoid personal bias (Fair to all).

Beneficient Paternalism

A disrespectful attitude towards a client based on the concept 'I know what's best for you', justified only in extreme medical circumstances.