Chp 3 Legal and Ethical Aspects of Nursing

  1. Privilege is
    permission to do what is usually not permitted in other circumstances.
  2. Ethical codes are
    actions and beliefs approved of by a particular group of people.
  3. Ethical Codes are
    different from laws, and are important because not all situations are covered by a law and there may not be one right action.
  4. Ethical Principles
    rules of right and wrong from an ethical point of view.
  5. Ethics Committee is
    formed to consider ethical problems.
  6. Laws are
    rules of conduct that are established by our govt.
  7. Judicial Law results
    when a law or court decision is challenged in the courts and the judge affirms or reverses the decision.
  8. Advance directive is
    written statement expressing wishes of the patient regarding future consent for or refusal of treament if the pt is incapable of participating in decision making.
  9. Appeal is a
    challenge to a court decision; a higher court will judge whether the original decision is affirmed or reversed.
  10. Civil rights, civil law is
    Personal or individual conditions guarantedd by the constitution, bill or rights, and federal or regulatory law.
  11. Competent is
    mentally and emotionally able to understand and act. able to appreciate consequences of actions.
  12. Controlled substance is
    specific drugs with a potential for abuse, such as narcotics, tranquilizers, stimulants, and sedatives. Laws regulate how these are prescribed, dispensed, and stored.
  13. Crime is
    violation of the law.
  14. Defendant is
    person accused of violoation of public law (crime) or civil law (tort).
  15. Damages are
    the monetary award to an injured plaintiff when the defendantis found responsible for the injury.
  16. Emancipated minor is
    a person under 18 yrs of age wh os legally considered an adult, usually because of marriage, parenthood, or enlistment in the armed services.
  17. Felony is
    a serious crime that may result in a prison term of more than 1 year.
  18. Health care agent is
    person designated by the pt to make health care decisions when the pt is incapacitated. Usually part of an advice directive.
  19. Liability is
    the responsibility to pay or compensate for a loss or injury that results from ones negligence.
  20. Litigation is
    lawsuit, legal process to prove facts of a dispute.
  21. Malpractice is
    failure to do, or doing. what a prudent reasonable professional would or would not do, results in harm or injury to a pt who is in the professional's care.
  22. Malpractice insurance is
    policy that protects nurse from expense of defending self from lawsuit; will pay the amt awarded up to policy limits if nurse if found guilty of malpractice.
  23. Medical power of attorney is
    legal assignment of ability to make health care decisions for another person. similar to a health care agent.
  24. Misdemeanor is
    less serious crime than felony. may result in fines, imprisonment of 1 year or less, or both.
  25. Negligence is
    failure to do what a prudent (reasonable) person would do, or doin what a reasonable person would not do; results in harm or injury to aother person.
  26. Plaintiff is
    person who believes he or she has been injured by the actions of another, and seeks to prove it in a court of law.
  27. Power of attorney is
    legal action to allow a person to conduct business matters for another.
  28. Precedent is
    a judicial decision that is used as a guide to interpreting the law and deciding cases afterward.
  29. Priviledged relationship is
    one that requires confidentiality; trust information gained in the relationship will not be made public.
  30. Statute is
    legal term for a law.
  31. Tort is
    a violation of a civil law, a wrong against an individual.
  32. Administrative law
    comes from agencies created by the legislative. These agencies write regulations or rules that control the profession and its practice.
  33. Nurse practice act is
    state licensure is required to practice nursing in the US, each states writes its own laws and regulations.
  34. Nurse practice act
    regulates the degree of dependence or independence of a licensed nurse with regard to other nurses, physicians, and health care providers.
  35. Eligibility is
    determined by each states board of nursing, usually involving completion of an approved educational program.
  36. Reciprocity is
    recognition of ones states nursing licensure by another state.
  37. Student nurses
    although they are not yet licensed, are held to the same standards as a licensed nurse.
  38. Student nurses need
    to know the nurse practice act and its definition of nursing in the state in which they are practicing, and not exceed the scope of practice for their state. It is not legal to do soemthing beyond the scope of nursing practice just because you were told to do so.
  39. Accountability is
    taking responsibility for one's actions.
  40. Accountability means
    asking for assistance when unsure, performing nursing tasks in the safe and prescribed manner, reporting and documenting assessments and interventions, and evaluating the care given and the pt's response to that care.
  41. Delegation is
    the assignment of duties to another person. (only to another licensed person)
  42. Assignment
    which can be done to an unlicensed person such as a nursing assistant,.
  43. Standards of care are
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Chp 3 Legal and Ethical Aspects of Nursing