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this group provides guidance to nurses and protection for clients and families
ANA
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Freedom to make decisions that affect self and to take action for self;
autonomy
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is self-governing and includes 4 basic elements: respect for others, ability to determine person goals, complete understanding of choice, and freedom to implement plan or choice
autonomy
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to do no harm, either intentional or unintentional
nonmaleficence
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to act in the best interest of others; to contribute to the well-being of others; includes client advocacy, has three major components: to promote good, prevent harm or evil, and remove harm or evil
beneficence
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fair, equitable, and appropriate treatment; resources are distrubuted equally to all
justice
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raminaing faithful to ethical principles and ANA Code of Ethics for Nurses; keeping commitments and promises
Fidelity
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to tell the truth, which has added benefit of promoting trust between client and nurse
veracity
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being answerable to self and others of one's actions; includes the concept of responsibiltiy, a specific type of accountability for duties performed within a specific role
accountability
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legal limits of nursing are dictated by state and federal laws and guidelines are are regulate by who?
each state's Board of Nursing
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determines the scope of practice for a professional nurse in a specifice state
Nurse Practice Act
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Type of law:
law of the land; defines structure, power and limits of government; guarantees fundamental rights and liberty. Example due process or equal protection
Constitution
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Type of Law:
Law enacted by legislative branch of government; regulatory agencies are established through statutes. Example: Nurse practice act, informed consent, living wills, reporting abuse, and sexual harassment
Statutory laws
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Type of law:
judge made law, derived from court decision that establish a precedent by which other cases are judged. Example: Resoulution of a dispute between two parties
Common laws
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Type of law:
Authority of administrative agencies to create rules and regulations to enforce statutory laws. Example: Rules and regulations of a State Board of Nursing
Administrative Laws
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Type of law:
laws affecting safety and welfare of public. Example Homicide, theft, arson, sexual assault, euthanasia
Criminal Law
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Type of law:
Law that applies to relationship between private individuals; includes contract law and tort law.
Private or civil law
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nurses are responsible and accountable for incorrect or inappropriate actions or inactions
Liability
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unintentional failure to act as a reasonable person in similar circumstances would act that results in injury to another
negligence
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nurse has responsibility to care for and watch over clients as a componenet of employment; it indicates legal relationship between clients and nurses
duty
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nurse fails to complete this duty; this can include acts of commission (activities nurses did) or omission (activities nurse failed to do)
Breech of duty
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client has suffered physical, emotional, or financial injuries
injury occured
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there is a reasonable close causal connection between nurse's conduct and resulting injury
proximate cause
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negligence by a professional; professional failure to carry out or perform duties that result in injury to another; acting outside one's scope of practice
malpractice
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threat of harm or unwanted contact with client that causes the client fear
assault
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a purposeful touching of client without that client's consent
battery
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can result from violations of confidentiality
invasion of privacy
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deliberately deceiving client for purpose of unlawful gain
Fraud
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sharing client information with a third party that results in damage to client's reputation; can occur in the form of slander (oral) or libel (in writing)
defamation of character
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prohibiiting a client from leaving a health care facility with no legal justification
false imprisionment
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using chemical or physical restraints without satisfactory clinical evidence of need
false imprisionment
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a legal protection of client's right to choose type of care desired and make own decision about health care
informed consent
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There are two types: living will or health care proxy (also called durable power of attorney for health care)
Advance directives
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outlines medical treatment client wishes to refuse (e.g. intubation) if client unable to communicate wishes at that time
living will
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appoints someone (usually family or trusted friend) to make health care decisions if client unable to do so
Health care proxy (also called durable power of attorney)
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do not put a copy of this report in the clients records or make reference to incident report in client record
incident reports
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clients in mental health setting do not relinquish right to this upone admission; may still accept or refuse specific aspects of treatment or care
informed consent
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extremely important also in psychiatric mental health nursing
confidentiality
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