Chapter 7: Legal and Ethical Issues in Nursing
47 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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?

    <p>Corporate Liability (C)</p> Signup and view all the answers

    Which situation best reflects the ethical principle of beneficence?

    <p>A healthcare provider advocating for a patient’s access to necessary medical care. (C)</p> Signup and view all the answers

    What is distributive justice primarily concerned with?

    <p>Fair allocation of resources and benefits. (C)</p> Signup and view all the answers

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

    <p>Healthcare quality assurance (D)</p> Signup and view all the answers

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

    <p>Nonmaleficence (A)</p> Signup and view all the answers

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

    <p>To appoint a proxy for decision-making when an individual is incapacitated. (A)</p> Signup and view all the answers

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

    <p>Authority (A)</p> Signup and view all the answers

    What does the principle of Nonmaleficence entail?

    <p>To avoid causing harm. (A)</p> Signup and view all the answers

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

    <p>Failure to act as a reasonable person would under similar circumstances. (D)</p> Signup and view all the answers

    Which situation best exemplifies an Intentional Tort?

    <p>Unjustly imprisoning someone against their will. (C)</p> Signup and view all the answers

    What does Private Law primarily deal with?

    <p>Contracts, torts, and property disputes. (C)</p> Signup and view all the answers

    What is the role of Nurse Practice Acts?

    <p>To authorize qualified individuals to perform specific nursing skills. (D)</p> Signup and view all the answers

    What is meant by the term Rationing in healthcare?

    <p>Decisions about who receives a service based on availability. (A)</p> Signup and view all the answers

    What essential information must be provided for informed consent?

    <p>A description of alternative treatments (A)</p> Signup and view all the answers

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

    <p>The individual performing the treatment (A)</p> Signup and view all the answers

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

    <p>Withdraw their consent (B)</p> Signup and view all the answers

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

    <p>Cruzan v. Director, Missouri Department of Health (C)</p> Signup and view all the answers

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

    <p>Living will (C)</p> Signup and view all the answers

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

    <p>To witness the signature and verify prior knowledge (A)</p> Signup and view all the answers

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

    <p>By guaranteeing the right to refuse treatment (D)</p> Signup and view all the answers

    What do advance directives include regarding patient treatment choices?

    <p>Refusal of certain life-sustaining treatments (A)</p> Signup and view all the answers

    What is considered protected information under the privilege doctrine?

    <p>Information disclosed to health professionals for diagnosis and treatment (A)</p> Signup and view all the answers

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

    <p>When the welfare of a person or group is at stake (B)</p> Signup and view all the answers

    How is individual capacity to consent determined?

    <p>By age and competence (A)</p> Signup and view all the answers

    What does coerced consent mean in a healthcare context?

    <p>Consent obtained through coercion or manipulation (C)</p> Signup and view all the answers

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

    <p>In a manner that is understandable to them (A)</p> Signup and view all the answers

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

    <p>Freedom of choice (A)</p> Signup and view all the answers

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

    <p>Liability for unauthorized touching or battery (B)</p> Signup and view all the answers

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

    <p>Autonomy (B)</p> Signup and view all the answers

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

    <p>Resources should be equally and fairly distributed. (D)</p> Signup and view all the answers

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

    <p>Allocation (C)</p> Signup and view all the answers

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

    <p>To serve society's goals of maximizing survivability. (D)</p> Signup and view all the answers

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

    <p>Statutory Law (C)</p> Signup and view all the answers

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

    <p>Financial (C)</p> Signup and view all the answers

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

    <p>The framework of government structure and individual rights. (C)</p> Signup and view all the answers

    What is the focus of rationing decisions in healthcare?

    <p>Deciding who receives specific services or supplies. (D)</p> Signup and view all the answers

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

    <p>To protect the public from incompetent practitioners (D)</p> Signup and view all the answers

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

    <p>Common Law (D)</p> Signup and view all the answers

    Which example represents administrative law as described?

    <p>State boards of nursing writing regulations (B)</p> Signup and view all the answers

    What aspect does tort law primarily affect in nursing practice?

    <p>Liability for wrongful actions (C)</p> Signup and view all the answers

    What distinguishes public law from private law?

    <p>Public law governs relationships between individuals and the government (B)</p> Signup and view all the answers

    What role does legal precedent play in common law?

    <p>It establishes a custom for judging similar cases (C)</p> Signup and view all the answers

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

    <p>Statutory law defines the framework that administrative law follows (B)</p> Signup and view all the answers

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

    <p>Common law cannot be overruled by later decisions (A)</p> Signup and view all the answers

    Flashcards

    Autonomy

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

    Beneficence

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

    Nonmaleficence

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

    Distributive Justice

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

    Signup and view all the flashcards

    Common Law

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

    Signup and view all the flashcards

    Administrative Law

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

    Signup and view all the flashcards

    Advance Directive

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

    Signup and view all the flashcards

    Confidentiality

    The obligation to protect patient information and keep it private.

    Signup and view all the flashcards

    Durable Power of Attorney

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

    Signup and view all the flashcards

    Ethics

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

    Signup and view all the flashcards

    Informed Consent

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

    Signup and view all the flashcards

    Intentional Torts

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

    Signup and view all the flashcards

    Invasion of Privacy

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

    Signup and view all the flashcards

    Malpractice

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

    Signup and view all the flashcards

    Negligence

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

    Signup and view all the flashcards

    Autonomy in Healthcare

    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.

    Signup and view all the flashcards

    Macroallocation

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

    Signup and view all the flashcards

    Microallocation

    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.

    Signup and view all the flashcards

    Sources of Law

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

    Signup and view all the flashcards

    Statutory Law

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

    Signup and view all the flashcards

    Legal Precedent

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

    Signup and view all the flashcards

    Administrative Agency

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

    Signup and view all the flashcards

    Nurse Practice Act

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

    Signup and view all the flashcards

    Public Law

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

    Signup and view all the flashcards

    Private Law (Civil Law)

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

    Signup and view all the flashcards

    Tort Law

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

    Signup and view all the flashcards

    What is the most common type of law impacting nursing practice?

    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.

    Signup and view all the flashcards

    Protected Information

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

    Signup and view all the flashcards

    Privilege Doctrine

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

    Signup and view all the flashcards

    HIPAA

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

    Signup and view all the flashcards

    Capacity to Consent

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

    Signup and view all the flashcards

    Voluntariness

    Consent given freely without pressure, coercion, or manipulation.

    Signup and view all the flashcards

    Information Disclosure

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

    Signup and view all the flashcards

    Liability for Unauthorized Treatment

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

    Signup and view all the flashcards

    Who's Responsible for Informed Consent?

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

    Signup and view all the flashcards

    Nurse's Role in Consent

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

    Signup and view all the flashcards

    Refusing Treatment

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

    Signup and view all the flashcards

    Patient Self-Determination Act

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

    Signup and view all the flashcards

    Types of Advance Directives

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

    Signup and view all the flashcards

    Invalid Consent

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

    Signup and view all the flashcards

    Study Notes

    • 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.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    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.

    More Like This

    Ethical and Legal Issues in Critical Care Nursing
    5 questions
    Ethical and Legal Issues in Nursing
    60 questions
    Ethical and Legal Issues in Nursing Chapter 3
    42 questions
    Use Quizgecko on...
    Browser
    Browser