Legal & Ethical Considerations in Nursing

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Questions and Answers

What is the primary commitment of a nurse according to the professional provisions?

To the nurse’s own career advancement

To the healthcare organization

To the patient, whether an individual or a community (correct)

To the ethical standards of the profession

Which provision emphasizes the nurse's responsibility for personal and professional growth?

Provision 9

Provision 1

Provision 5 (correct)

Provision 7

What role does the nurse have in relation to the ethical environment of their work setting?

To solely follow the directives of healthcare leaders

To minimize discussions about ethics

To enforce organizational policies only

To establish and improve the ethical environment (correct)

In what manner does a nurse advance the profession according to the specified provisions?

Through research and the development of professional standards Signup and view all the answers

How should nurses collaborate with other health professionals according to the provisions?

To protect human rights and promote health diplomacy Signup and view all the answers

What is the primary requirement to establish negligence in a court of law?

Breach of duty owed the client Signup and view all the answers

Which action constitutes a nurse's breach of duty that may lead to negligence?

Failing to implement fall precautions Signup and view all the answers

Which of the following is NOT considered a legal implication for nurses who fail to adhere to the Nurse Practice Act?

Increased job security Signup and view all the answers

What must a nurse document after notifying a provider of a change in client condition?

Date, time, and person notified Signup and view all the answers

What is a key characteristic of malpractice in nursing practice?

Deviation from a standard of care Signup and view all the answers

Which of the following actions involves insufficient monitoring by a nurse?

Ignoring a patient's report of chest pain Signup and view all the answers

What should nurses do to minimize the risk of losing their nursing license?

Follow the Nurse Practice Act and associated guidelines Signup and view all the answers

What is an element that is NOT part of proving negligence?

Past medical history of the client Signup and view all the answers

What is the primary requirement of the Patient Self Determination Act (PSDA)?

Clients must be informed of their right to participate in medical decisions. Signup and view all the answers

Informed consent requires which of the following elements?

Documentation of the client's understanding of treatment risks and alternatives. Signup and view all the answers

Which scenario would NOT require informed consent?

Undergoing routine blood pressure measurements. Signup and view all the answers

Which of the following should be documented in the medical record under the Patient Self Determination Act?

Conversations about advance directives and care wishes. Signup and view all the answers

What is a legal responsibility of nurses regarding confidentiality?

To protect patients' protected health information (PHI). Signup and view all the answers

What does the Health Insurance Portability and Accountability Act (HIPAA) primarily address?

Protections for the confidentiality of personal health information. Signup and view all the answers

In the event of an emergency, what is required for obtaining consent according to regulations?

Verbal consent can be obtained and is valid for no longer than ten days. Signup and view all the answers

What is one consequence for student nurses who violate HIPAA regulations?

They could face expulsion from their nursing program. Signup and view all the answers

Which of the following actions could result in a HIPAA violation?

Leaving a computer logged in while stepping away. Signup and view all the answers

Who is primarily responsible for providing patients with their right to informed consent?

The health care provider discussing the treatment. Signup and view all the answers

Under HIPAA, which action is permissible regarding patient information?

Only sharing information with health care team members directly involved in care. Signup and view all the answers

Which ethical duty do nurses have regarding a client’s understanding of care wishes?

To ensure the client understands health care rights and advance directives. Signup and view all the answers

What is NOT a requirement under the Patient Self Determination Act?

Clients must be informed of their health care provider's qualifications. Signup and view all the answers

What is required before sharing any medical information with someone other than the client?

Written permission from the client. Signup and view all the answers

What should a nurse do if a neighbor requests information about a client admitted to their unit?

Refuse to access the medical records without permission. Signup and view all the answers

Why should a nurse avoid posting about clients on social media?

It may violate client privacy and lead to job loss. Signup and view all the answers

What is one principle established by the American Nurses Association for social media usage?

Nurses must observe professional boundaries while online. Signup and view all the answers

What action should nurses take when they suspect a breach of confidentiality?

Report it to appropriate authorities promptly. Signup and view all the answers

What does beneficence mean in nursing ethics?

Doing good for the patient. Signup and view all the answers

Which of the following is true regarding minors and sharing health information?

Consent is required to share information after the child turns 18. Signup and view all the answers

What should be done with voicemails that contain protected client information?

Do not leave voicemails regarding protected information. Signup and view all the answers

How should nurses handle electronic communications regarding client information?

Only using encrypted devices approved by the facility. Signup and view all the answers

Which of the following reflects nurses' professional responsibilities regarding social media?

Nurses should maintain privacy settings to separate personal and professional information. Signup and view all the answers

What can be considered a breach of confidentiality in nursing?

Confirming someone has been admitted to the unit. Signup and view all the answers

What does the Code of Ethics for Nurses represent?

A profession’s ethical standard that outlines obligations and values. Signup and view all the answers

What is the consequence of poor online professionalism for nurses?

Possible legal action and job loss. Signup and view all the answers

What does nonmaleficence mean in the context of nursing ethics?

The obligation to avoid causing harm to patients. Signup and view all the answers

Study Notes

Legal Considerations

Nurses can face reprimands or license revocation for not adhering to the Nurse Practice Act relevant to their state.
Legal liabilities for nurses include negligence, malpractice, and breaches of client confidentiality.

Negligence and Malpractice

Negligence refers to carelessness deviating from a reasonable standard of care.
Malpractice involves neglecting established professional standards, which can lead to legal action.
Essential elements to prove negligence/malpractice in court:
- Duty owed
- Breach of duty
- Foreseeability
- Causation
- Injury
- Damages
Nurses must follow practice standards set by the Nurse Practice Act and employer policies to minimize risk.

Breach of Duty Examples

Failure to Assess: Inadequate evaluation of all possible nursing issues, such as fall risk.
Insufficient Monitoring: Overlooking the need for frequent checks on vulnerable conditions.
Failure to Communicate: Not documenting assessments or notifying providers of changes in client conditions.
Failure to Follow Protocols: Neglecting mandatory reporting of suspected abuse or neglect.

Patient Self Determination Act (PSDA)

The PSDA requires health care facilities to inform clients of their rights to participate in medical decisions.
Clients must be educated about advance directives and their care wishes, which must be documented.
Ensuring client understanding of these rights is an ethical obligation for health care professionals.

Informed consent must be voluntarily signed by a competent client; parents/guardians sign for minors.
Provides documentation of the client's understanding of treatments, benefits, risks, and alternatives.
Nurses sign as witnesses, not providers of information; must advocate for clients needing further clarification.
In emergencies, verbal consent may be temporarily obtained, documented by the provider.

Confidentiality

Confidentiality protects patient health information (PHI) under HIPAA, which regulates health record privacy.
HIPAA has two main sections: Privacy Rule (governs health info use/disclosure) and Security Rule (sets standards for electronic PHI protection).
Violating HIPAA can lead to disciplinary actions for students and job loss for nurses.

Common HIPAA Violations

Discussing client information in public settings or unauthorized areas.
Mishandling medical records or leaving them unsecured.
Unauthorized access to client files not actively assigned to the nurse.
Sharing client info without permission or breaching minor confidentiality rules.

Health care professionals must not post identifiable client information online.
The ANA emphasizes maintaining professional boundaries while using social media and reporting breaches of privacy.

Code of Ethics

Differentiates between morality, ethical principles (beneficence, nonmaleficence, autonomy, justice), and professional code.
The ANA Code of Ethics provides a framework to guide nursing practice and decision-making.
Nine provisions outline ethical obligations, emphasizing compassion, commitment to clients, accountability, professional growth, and health equity.

ANA Center for Ethics and Human Rights

Established to assist nurses in resolving ethical conflicts and navigating complex clinical decisions.

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Description

This quiz explores key legal and ethical issues that nurses face in their practice. Focused on the Nurse Practice Act, negligence, and malpractice, it aims to enhance understanding of how legal frameworks impact nursing responsibilities. Prepare to evaluate scenarios where legal accountability is critical in nursing care.