Chapter 7: Legal and Ethical Issues in Nursing

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Questions and Answers

What is the primary distinction between law and ethics?

Law is enforced by governmental authorities, while ethics is a personal moral compass. (correct)

Law applies to written statutes, while ethics is based solely on philosophical beliefs.

Law is universal, but ethics can vary significantly by culture and context.

Law is the set of rules that governs society, whereas ethics only applies to healthcare professionals.

Which principle emphasizes the importance of an individual's right to make their own decisions?

Beneficence

Nonmaleficence

Distributive Justice

Autonomy (correct)

What is a characteristic feature of administrative law?

It is universally applied across all states.

It is made by judges through court decisions.

It concerns the execution of government regulations. (correct)

It only pertains to healthcare-related issues.

Which type of law holds an organization responsible for its procedural practices?

Corporate Liability Signup and view all the answers

Which situation best reflects the ethical principle of beneficence?

A healthcare provider advocating for a patient’s access to necessary medical care. Signup and view all the answers

What is distributive justice primarily concerned with?

Fair allocation of resources and benefits. Signup and view all the answers

Which of the following is NOT typically considered a legal issue in nursing?

Healthcare quality assurance Signup and view all the answers

Which ethical principle is concerned with 'do no harm'?

Nonmaleficence Signup and view all the answers

What is the primary purpose of a Durable Power of Attorney?

To appoint a proxy for decision-making when an individual is incapacitated. Signup and view all the answers

Which of the following is NOT a requirement for Informed Consent?

Authority Signup and view all the answers

What does the principle of Nonmaleficence entail?

To avoid causing harm. Signup and view all the answers

Which of the following best defines Negligence in a legal context?

Failure to act as a reasonable person would under similar circumstances. Signup and view all the answers

Which situation best exemplifies an Intentional Tort?

Unjustly imprisoning someone against their will. Signup and view all the answers

What does Private Law primarily deal with?

Contracts, torts, and property disputes. Signup and view all the answers

What is the role of Nurse Practice Acts?

To authorize qualified individuals to perform specific nursing skills. Signup and view all the answers

What is meant by the term Rationing in healthcare?

Decisions about who receives a service based on availability. Signup and view all the answers

What essential information must be provided for informed consent?

A description of alternative treatments Signup and view all the answers

Who holds the legal responsibility to provide the necessary information for informed consent?

The individual performing the treatment Signup and view all the answers

What can a patient do at any time regarding their consent for treatment?

Withdraw their consent Signup and view all the answers

Which case contributed to the enactment of the Patient Self-Determination Act?

Cruzan v. Director, Missouri Department of Health Signup and view all the answers

Which of the following documents allows a patient to make decisions ahead of needing medical treatment?

Living will Signup and view all the answers

What is the role of a nurse when asking a patient to sign a consent form?

To witness the signature and verify prior knowledge Signup and view all the answers

How does the Constitution protect the right of competent adults in medical treatment decisions?

By guaranteeing the right to refuse treatment Signup and view all the answers

What do advance directives include regarding patient treatment choices?

Refusal of certain life-sustaining treatments Signup and view all the answers

What is considered protected information under the privilege doctrine?

Information disclosed to health professionals for diagnosis and treatment Signup and view all the answers

Under what condition can a nurse lawfully disclose confidential patient information?

When the welfare of a person or group is at stake Signup and view all the answers

How is individual capacity to consent determined?

By age and competence Signup and view all the answers

What does coerced consent mean in a healthcare context?

Consent obtained through coercion or manipulation Signup and view all the answers

How should information be presented to patients to meet the standards of informed consent?

In a manner that is understandable to them Signup and view all the answers

Which factor is NOT a form of coercion when obtaining consent?

Freedom of choice Signup and view all the answers

What is the potential legal consequence of providing treatment without patient consent?

Liability for unauthorized touching or battery Signup and view all the answers

Which principle generally overrides the others in conflict situations involving patient care decisions?

Autonomy Signup and view all the answers

What does distributive justice imply regarding the distribution of healthcare resources?

Resources should be equally and fairly distributed. Signup and view all the answers

Which term describes the societal decision on how many resources will be devoted to a healthcare effort?

Allocation Signup and view all the answers

What is the primary purpose of the allocation decision in healthcare, such as for organ transplants?

To serve society's goals of maximizing survivability. Signup and view all the answers

What kind of law is created by the legislative branch of government?

Statutory Law Signup and view all the answers

Which branch of government is NOT involved in the creation of law?

Financial Signup and view all the answers

What does the Constitution serve as in the context of the judicial system?

The framework of government structure and individual rights. Signup and view all the answers

What is the focus of rationing decisions in healthcare?

Deciding who receives specific services or supplies. Signup and view all the answers

What is the primary focus of statutory laws in relation to healthcare providers?

To protect the public from incompetent practitioners Signup and view all the answers

Which type of law is primarily derived from court decisions and legal precedents?

Common Law Signup and view all the answers

Which example represents administrative law as described?

State boards of nursing writing regulations Signup and view all the answers

What aspect does tort law primarily affect in nursing practice?

Liability for wrongful actions Signup and view all the answers

What distinguishes public law from private law?

Public law governs relationships between individuals and the government Signup and view all the answers

What role does legal precedent play in common law?

It establishes a custom for judging similar cases Signup and view all the answers

How does statutory law relate to administrative law within the nursing field?

Statutory law defines the framework that administrative law follows Signup and view all the answers

Which of the following is an example of a common misconception about common law?

Common law cannot be overruled by later decisions Signup and view all the answers

Study Notes

Chapter 7: Understanding Legal and Ethical Issues

Law vs. Ethics: Law defines rules of conduct enforced by authority, while ethics govern principles of right and wrong.
Ethical Principles: Autonomy (self-determination), beneficence (doing good), nonmaleficence (doing no harm), and distributive justice (fair distribution).
Legal System Sources: Legislative, judicial, and executive branches create laws.
Types of Law: Statutory (legislature-made), common (judge-made), and administrative (agency-made).
Liability: Personal (individual), vicarious (employer's responsibility), and corporate (organization's liability).
Nursing Licensure: State-regulated, protects the public, establishes standards for education, examination, and behavior. Multistate licensure is a possible solution to ease nurse mobility.
Patient Rights: Privacy, right to refuse treatment, informed consent. Confidentiality is essential in all interactions with patients.
Management Issues: Delegation, supervision, staffing, reassigning staff, policy adherence, and competency verification.
Legal and Ethical Considerations in Management Include situations where employees' personal issues (e.g., cancer diagnosis, alcohol dependency) require different policies when it comes to privacy and safety. Nurses have the duty of care and should ensure a safe working environment for both the patient and themselves.
Informed Consent: Requires capacity, voluntariness, and information. Capacity varies by age/competence. Nurses are responsible for ensuring patients understand their treatment.
Advance Directives: Living will (patient's wishes for end-of-life care) and durable power of attorney (appointing a surrogate decision-maker.)
Employment Issues: Discrimination (based on race, sex, age, disability), sexual harassment, and other legal protections. Compliance with labor laws and regulations regarding employee rights and responsibilities are critical.

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Description

Explore the critical legal and ethical considerations faced in the nursing profession. This quiz covers the distinctions between law and ethics, sources of law, types of liability, and patient rights that shape nursing practice. Understand how these elements influence decision-making and patient care in healthcare settings.