6CLASSEthical and Legal Considerations

Ethical and Legal Considerations in Nursing

Introduction to Ethics

  • Definition of Ethics

    • Involves making decisions.

    • Involves choosing right from wrong.

    • Acting within personal morals and values.

    • Each person has individual ethics and moral beliefs.

Ethical Principles

1. Autonomy

  • Definition: Freedom to make one’s own decisions

  • Importance: Essential in respecting client’s rights and enabling informed decision-making.

2. Beneficence

  • Definition: Actions guided by compassion and kindness.

  • Focus: Doing good for the client and promoting wellness.

3. Veracity

  • Definition: Conveys the importance of honesty.

  • Importance: Building trust through truthfulness with clients.

4. Fidelity

  • Definition: Keeping promises and commitments made to clients.

  • Importance: Essential for maintaining trust in the nurse-client relationship.

5. Justice

  • Definition: Fair and equitable treatment of clients.

  • Importance: Ensuring equal access to health care services regardless of background.

Understanding Values

  • Definition of Values: Beliefs about what is important, good, and meaningful.

  • Impact on Behavior: Values drive behavior and decision-making in a nursing context.

  • Key Considerations:

    • Understanding your own values.

    • Understanding the client’s values.

    • Important for ethical nursing practice.

Professional Nursing Values

1. Altruism

  • Definition: Acting for the benefit of others.

  • Significance: Demonstrates selfless concern for the client’s welfare.

2. Dignity

  • Definition: Every human has inherent value.

  • Respect: Must be shown regardless of:

    • Race

    • Religion

    • Sex

    • Gender

    • Other personal characteristics.

3. Integrity

  • Definition: Honesty and a commitment to strong moral principles.

  • Significance: Essential for moral uprightness in nursing practice.

4. Social Justice (Distributive Justice)

  • Definition: The right to equal quality health care.

  • Emphasis: Should be provided regardless of social or economic status.

Legal Considerations in Nursing

Malpractice

  • Definition: Occurs when a nurse:

    • Fails to follow best-practice standards.

    • Causes harm to a client.

    • Fails to ensure safe management of activities of daily living.

  • Consequences: Can lead to legal charges against the nurse.

Tort Law

Tort

  • Definition: A civil wrong committed against an individual.

  • Characteristics: An act or failure to act that results in injury or harm.

Types of Tort

  1. Intentional Tort

    • Harmful act done on purpose.

  2. Unintentional Tort

    • Harm caused without intent, such as negligence.

Consent

Implied Consent

  • Definition: Consent implied by actions, such as extending an arm for a blood pressure check.

Informed Consent

  • Definition: Consent expressed in writing.

  • Provider Responsibilities: Must explain:

    • Risks.

    • Benefits.

    • Alternatives.

  • Client Responsibility: Must comprehend all information before agreeing.

Good Samaritan Laws

  • Overview: Nurses are not legally required to provide care outside of their work environment.

  • Decision to Help: Represents ethical discretion.

  • Liability Protection:

    • If a nurse chooses to assist, they are protected from liability.

    • Must not act with gross negligence.

    • Must act within scope of licensure.

Whistleblowing

  • Definition: Formal reporting of:

    • Illegal acts.

    • Wrongful surgeries.

    • Other unethical practices.

  • Implications:

    • May cause stress or fear of retaliation for the whistleblower.

    • Laws exist to protect whistleblowers.

Mandatory Reporting

  • Definition: Certain professionals, such as licensed nurses, have a legal duty to report.

  • Circumstances That Must Be Reported:

    • Maltreatment.

    • Abuse.

    • Situations threatening the safety of individuals.

Key Exam Points

  • Autonomy: Client decision-making rights.

  • Beneficence: Obligation to do good.

  • Justice: Concept of fairness in treatment.

  • Fidelity: Importance of keeping promises.

  • Veracity: Commitment to truth-telling.

  • Malpractice: Definition as a failure to meet standard of care.

  • Tort: Understanding civil wrongs.

  • Informed Consent: Elements include written agreement and full explanation.

  • Good Samaritan Laws: Protection for voluntary emergency care offered by nurses.

  • Mandatory Reporters: Legal duties imposed on nurses to report certain activities.