Values, Ethics, and Legal Concerns

Values

Beliefs about worth of something; what matters to the individual

• Helps determine the worth of something — what I believe is good and what I believe is wrong

Values Clarification

Process people come to understand their own values and value system; beneficial to the nurse

Value System

Influence beliefs about human needs, health, and illness; practice of health behavior

Altruism

Concern for the welfare of others; the want to help others

Autonomy

Respects the patient’s rights; self-determination

• Nurses want patients to be autonomous = make their own informed choices

Human Dignity

Treat as being of worth; each individual has inherent worth and uniqueness — get to know individual patients and their needs

Integrity

Provides care based on the Code of Ethics; acting within the accepted standards of practice — being honest with patients, no falsification or lying

Social Justice

Fairness = equal access to all; upholding moral and legal principles; addressing SDOH to ensure proper care across the board

Ethics

Guide to human behavior; doing what is good and valuable for all people

• Moral judgement and what society views as right or wrong

Nursing Code of Ethics

Committed to high quality care; nurses = ethically attempting to prevent harm in all forms

Utilitarianism

Greatest good for the greatest number of people; focuses on the effect of an action

• Immunizations, experimental drug

Deontology

Focuses on the rights of the individual; does not consider the greater good or consequences of specific actions on others

• US delegate flies back infected with illness against medical advice because it is their right as a US citizen

Beneficence

Doing good or promoting good on behalf of others

Nonmaleficence

Avoidance of doing harm; preventing harm to others

• Providing noninvasive procedures before moving onto more severe treatment to prevent unnecessary harm

Autonomy

Respect for a person’s right to make their own decisions; very big in healthcare

Justice

Fairness; striving for every individual to get the healthcare they need

Veracity

Tell the truth; commitment to honesty — integrity, no falsification

Fidelity

Commitment to keep promises — making a promise and keeping it

• Telling a patient something and fulfilling this statement

Advocacy

Protection and support of another person’s rights; nurses = support patient’s right to make decisions

Statutory Law

Created by elected legislative bodies (US Congress and State Legislatures)

• Nurse Practice Acts

  • Standards of Care — legal scope of practice

  • Licensure

Administrative Law

State Legislatures gives authority to state boards of nursing;

Standards

Minimum requirements for providing safe patient care;

Felony

Prison sentence (>1 year)

Misdemeanor

Lesser crime; fine or <1 year in prison

Intentional Torts

Willful and deliberate crimes

Assault

The threat of touching a person without consent, NO CONTACT was made

Battery

TOUCHING and MAKING CONTACT with a person without consent and causing injury;

• May be justified, especially if patient is a danger to themselves or others

Defamation of Character

False communication that results in damage to a person’s reputation and caused negative effects (lost employment, etc.)

Slander

Defamation: Saying/orally spoken

Libel

Defamation: Printed

False Imprisonment

Preventing patients from leaving against medical advice (AMA);

Unintentional Torts

Committing or causing harm unknowingly, by accident

Negligence

Practice below standard of care: mistakes that cause harm to the patient; lack of knowledge in procedure or administration of medication; a reasonable nurse WOULD NOT have made this error

Malpractice

Used as a term in more professional settings, while negligence can refer to any level; implies a higher level of recklessness

• NURSE CANNOT PERFORM OUTSIDE OF SCOPE OF PRACTICE

Euthanasia

Occurs when someone other than the patient administers medication in any form with the intention of hastening the patient’s death; inconsistent with the core commitments of the nursing profession and profoundly violates public trust

Medical Aid in Dying

Nurses are ethically prohibited from doing this medically;

Good Samaritan Laws

• Protect health care professionals practicing within standards of care

• Provide legal immunity after providing appropriate assistance in an emergency

• May require nurses in some states to stop and help in an emergency

• Providing emergency care outside of a nurse’s place of employment is not legally required in the State of Ohio