Chapter 7: Legal and Ethical Issues in Nursing

The right of individuals to make decisions for themselves, respecting their choices and freedom.

The duty of healthcare professionals to act in the best interests of their patients.

The obligation to avoid causing harm to patients, whether intentional or accidental.

Fair and equitable distribution of resources and benefits, considering the needs of each individual.

Law established through judicial decisions and precedents, based on customs and traditions.

Rules and regulations created by government agencies to carry out specific intentions of laws.

A document allowing a competent patient to make choices before needing medical treatment, like choosing life support or DNR.

The obligation to protect patient information and keep it private.

A legal document allowing someone else to make decisions for you if you become unable to do so.

A science that deals with right and wrong, good and bad, and guides our interactions with others.

Agreement to treatment after understanding the risks, benefits, and alternatives.

Deliberate acts causing harm, such as assault, battery, or false imprisonment.

Violation of someone's right to be left alone without unwanted publicity.

Professional negligence, meaning a healthcare provider failed to meet the standard of care, resulting in harm.

Failure to do what a reasonable and prudent person would do, leading to harm—either by doing something or not doing something.

The principle of patient autonomy often takes precedence over beneficence in healthcare decisions, meaning the patient's right to make their own choices about their care is paramount, even if it means foregoing treatment deemed beneficial by the healthcare provider.

The societal decision about how many resources should be allocated to a specific healthcare need, like organ transplants.

The decision about who gets a specific healthcare service or resource, like a specific donor organ, when there aren't enough for everyone who needs it.

Law in the United States comes from three primary sources: the Constitution, statutory law enacted by legislatures, and common law established by courts.

Laws passed by legislative bodies, like Congress or state legislatures.

A previous court decision used as a guideline in similar cases, establishing a custom or tradition for legal judgments.

A government agency granted authority by statutes to create rules and regulations that enforce specific laws.

A statutory law that outlines the scope of nursing practice, including the types of care nurses can provide and the standards they must meet.

Laws that govern the relationship between individuals and the government, including constitutional law, administrative law, and criminal law.

Laws that govern the relationships between individuals, including tort law, contract law, and property law.

A branch of civil law that deals with wrongful acts causing harm to others, leading to legal liability and potential compensation.

Tort law is the most common type of law affecting nursing practice due to its focus on wrongful acts that cause harm to individuals, directly impacting patient care and potential negligence claims.

Information shared with healthcare professionals that is kept private and only used for diagnosis and treatment, requiring permission for release.

Legal principle protecting confidential relationships like doctor-patient, where communication cannot be revealed without consent from both parties.

Health Insurance Portability and Accountability Act, strengthening confidentiality protections for patient information.

The legal ability of an individual to make choices and understand their consequences based on age and competence.

Consent given freely without pressure, coercion, or manipulation.

Providing patients with clear and understandable information about their treatment options, risks, and benefits.

Legal responsibility for providing medical care without proper informed consent, except in emergency situations.

The healthcare professional who will perform the treatment is legally responsible for ensuring the patient is informed.

The nurse witnesses the patient's signature, confirming they seem informed about the treatment.

Patients have the right to decline medical treatment, even if it's medically suggested.

A law requiring healthcare facilities to explain patient rights, including advance directives, to those receiving Medicare/Medicaid.

Examples include refusing nourishment, being put on a ventilator, or stopping treatment.

Consent signed without proper explanation of the treatment is not valid.