Nursing Law and Ethics Overview
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Nursing Law and Ethics Overview

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Questions and Answers

Which action could lead to criminal charges against a nurse?

  • Practicing without a license (correct)
  • Following agency policies
  • Administering medication correctly
  • Reporting a medication error

    • What is NOT a component of federal law in nursing?

  • Patient privacy under HIPAA
  • Workplace safety regulations under OSHA
  • Workplace discrimination regulations
  • Mandatory reporting of medication errors (correct)

    • Which of the following is a required element to prove malpractice?

  • Standard of care must be established (correct)
  • Existence of a verbal agreement
  • Clear evidence of intent to harm
  • Nurse has to admit guilt

    • Why are nurses at an increased risk for malpractice suits?

    <p>They perform more clinical tasks that carry legal risks</p> Signup and view all the answers

    What is a key strategy for addressing medication errors in healthcare?

    <p>Increasing both mandatory and voluntary reporting</p> Signup and view all the answers

    Which action can help in reducing the risk of malpractice claims?

    <p>Following established agency policies</p> Signup and view all the answers

    What is considered a breach of duty in malpractice?

    <p>Failing to administer medication on time</p> Signup and view all the answers

    Which of the following describes actual injury in the context of malpractice?

    <p>Injury that occurred due to another's actions</p> Signup and view all the answers

    What is the first step a nurse manager should take to improve productivity during the day?

    <p>Start the day by planning</p> Signup and view all the answers

    Which of the following statements about priority setting is true?

    <p>Setting priorities reflects a unit's operational needs.</p> Signup and view all the answers

    What is considered the biggest time waster for nurse managers?

    <p>Paperwork overload</p> Signup and view all the answers

    Which of the following best describes the focus of Bran's 12 habits for time management?

    <p>Organizing work based on personal energy levels</p> Signup and view all the answers

    What should a nurse manager do when new information changes the day's priorities?

    <p>Reprioritize based on the new information</p> Signup and view all the answers

    Which habit from Bran's 12 habits emphasizes the importance of completion over multitasking?

    <p>Finish what is important</p> Signup and view all the answers

    What is a crucial skill for effective time management according to the content?

    <p>Effective priority setting</p> Signup and view all the answers

    What is the recommended approach to handling day-to-day planning for nurse managers?

    <p>Allow for planning and adjust as needed</p> Signup and view all the answers

    What is the primary focus of total quality management (TQM)?

    <p>Performing tasks right the first time and preventing problems</p> Signup and view all the answers

    How does benchmarking contribute to healthcare improvement?

    <p>By comparing practices to those of the best-performing organizations</p> Signup and view all the answers

    What role do clinical practice guidelines (CPGs) serve in healthcare?

    <p>They standardize interventions to enhance care quality and resource management</p> Signup and view all the answers

    What does evidence-based practice (EBP) integrate in patient care decision-making?

    <p>Clinical expertise and the best available research evidence</p> Signup and view all the answers

    What defines a standard in healthcare practice?

    <p>A predetermined level of excellence to guide performance</p> Signup and view all the answers

    What does the term 'Recognition seeker' refer to in group dynamics?

    <p>A member who seeks positive attention for themselves</p> Signup and view all the answers

    In which stage of conflict awareness begins but has not yet escalated?

    <p>Perceived conflict</p> Signup and view all the answers

    What characterizes the 'Felt conflict' stage?

    <p>Emotional responses such as fear and anxiety begin to develop</p> Signup and view all the answers

    What does 'Dominator' refer to in group behavior?

    <p>A member who tries to manipulate and control the group</p> Signup and view all the answers

    Which conflict resolution strategy involves sacrificing one's own beliefs for another's benefit?

    <p>Cooperative/Accommodating</p> Signup and view all the answers

    What does the term 'Blocker' indicate in group interactions?

    <p>A member who constantly expresses negative viewpoints</p> Signup and view all the answers

    In the manifest conflict stage, what typically happens?

    <p>Confrontations and visible reactions occur</p> Signup and view all the answers

    Which of the following behaviors is associated with a 'Help seeker'?

    <p>Seeking sympathy through expressions of insecurity</p> Signup and view all the answers

    What is the main difference between intentional and unintentional torts?

    <p>Intentional torts result from direct invasion of legal rights.</p> Signup and view all the answers

    Which of the following is an example of a civil act?

    <p>Malpractice resulting in harm</p> Signup and view all the answers

    What characterizes the tort of battery?

    <p>It includes intentional and wrongful physical contact.</p> Signup and view all the answers

    Which of the following statements is true regarding informed consent?

    <p>The physician has the duty to explain the procedure to the patient.</p> Signup and view all the answers

    What does negligence fall under in legal terms?

    <p>Unintentional tort</p> Signup and view all the answers

    Which legal concept involves the restraint of a person's movement by another?

    <p>False imprisonment</p> Signup and view all the answers

    In which scenario is a physician most likely to be held liable under tort law?

    <p>Providing treatment without patient consent.</p> Signup and view all the answers

    What is the result of committing a criminal act in healthcare?

    <p>Loss of license and possible imprisonment.</p> Signup and view all the answers

    What principle emphasizes that equals should be treated equally and unequals according to their differences?

    <p>Justice</p> Signup and view all the answers

    What is the primary purpose of healthcare laws and legislations?

    <p>Protect the patient's and the nurse's rights</p> Signup and view all the answers

    What type of law does the TN State Nurse Practice Act belong to?

    <p>Statutory law</p> Signup and view all the answers

    Which aspect of the ANA code of ethics provides guidance for nurses in their practice?

    <p>It outlines values, duties, and responsibilities of nurses.</p> Signup and view all the answers

    Which best describes the term 'nonmaleficence' in healthcare?

    <p>The obligation to avoid harm to patients.</p> Signup and view all the answers

    What is the definition of ethics?

    <p>The systematic study of moral conduct and principles</p> Signup and view all the answers

    In nursing, what does the term 'civil law' primarily relate to?

    <p>Legal disputes between individuals, like malpractice cases.</p> Signup and view all the answers

    What characterizes moral distress in nursing?

    <p>Knowing the right action but being unable to take it due to external constraints</p> Signup and view all the answers

    What is a potential consequence of a nurse being found guilty in a civil lawsuit?

    <p>Monetary damages</p> Signup and view all the answers

    Which action should be taken when a patient refuses to sign consent?

    <p>Provide all necessary information and address their concerns</p> Signup and view all the answers

    How does the ANA code of ethics assist nurses in their professional conduct?

    <p>It serves as a non-binding moral guideline only.</p> Signup and view all the answers

    What does the ethical principle of autonomy refer to?

    <p>Freedom of choice regarding one's own actions</p> Signup and view all the answers

    What is an example of a nursing ethical dilemma?

    <p>Making a choice between two or more undesirable alternatives</p> Signup and view all the answers

    What is the first step a nurse manager should take to enhance productivity during the day?

    <p>Start the day with a planning session</p> Signup and view all the answers

    What best describes utilitarianism in ethical decision-making?

    <p>An approach that favors actions providing the greatest good for the greatest number</p> Signup and view all the answers

    Which of the following best describes the approach to priority setting in nursing management?

    <p>Set priorities that may involve delegation of tasks</p> Signup and view all the answers

    Which principle emphasizes the importance of acting to promote good?

    <p>Beneficence</p> Signup and view all the answers

    What is one of the primary challenges nurse managers face regarding time management?

    <p>Managing a large volume of paperwork</p> Signup and view all the answers

    What does moral outrage involve in nursing contexts?

    <p>Feeling powerless to stop another’s immoral act</p> Signup and view all the answers

    Which of the following is a critical step in effective time management for nurse managers?

    <p>Allowing for planning and adjustment throughout the day</p> Signup and view all the answers

    According to Bran's habits for time management, what should a manager do to maintain focus?

    <p>Set aside time for focused effort</p> Signup and view all the answers

    How should a nurse manager respond when they receive new information impacting priorities?

    <p>Consider reprioritizing tasks based on updated information</p> Signup and view all the answers

    What is emphasized in Bran's 12 habits regarding priorities?

    <p>Setting very few priorities and sticking to them</p> Signup and view all the answers

    What role does 'planning' play in a nurse manager's daily routine?

    <p>It allows for adaptability and improved productivity</p> Signup and view all the answers

    What is the primary distinction between intentional and unintentional torts?

    <p>Intentional torts occur with purpose, while unintentional torts result from carelessness.</p> Signup and view all the answers

    Which of the following describes a civil act in healthcare?

    <p>Causing harm due to negligence.</p> Signup and view all the answers

    What constitutes false imprisonment in a healthcare setting?

    <p>Restraining a patient's movement without justification.</p> Signup and view all the answers

    What is the role of informed consent in medical procedures?

    <p>It ensures that patients are fully informed before agreeing to treatment.</p> Signup and view all the answers

    Which action is an example of battery in a healthcare context?

    <p>A nurse administers medication without the patient's consent.</p> Signup and view all the answers

    How does negligence relate to unintentional torts?

    <p>Negligence is considered an unintentional tort that causes harm through carelessness.</p> Signup and view all the answers

    In which situation might a nurse face charges for a criminal act?

    <p>Committing acts of abuse against patients.</p> Signup and view all the answers

    What is the implication of practicing within the area of individual competence for healthcare professionals?

    <p>It ensures all tasks performed are within their knowledge and skills.</p> Signup and view all the answers

    How can a leader assist followers in maximizing time use?

    <p>By fostering cooperative work environments</p> Signup and view all the answers

    Which of the following best describes the role of flexibility in time management?

    <p>Being adaptable to others' time management styles</p> Signup and view all the answers

    What is an effective way to prioritize conflicting requests for time?

    <p>Evaluate the urgency and importance of each request</p> Signup and view all the answers

    How does a leader demonstrate effective time management in high-pressure situations?

    <p>By presenting a calm and reassuring demeanor</p> Signup and view all the answers

    What strategy can improve communication clarity among team members?

    <p>Incorporating multiple communication methods</p> Signup and view all the answers

    What role does nonverbal communication play in time management?

    <p>It tends to be more reliable than verbal communication</p> Signup and view all the answers

    Which approach helps to effectively manage large tasks?

    <p>Breaking down tasks into smaller components</p> Signup and view all the answers

    What contributes to environmental barriers in time management?

    <p>Having a cluttered work area</p> Signup and view all the answers

    What defines moral distress in nursing?

    <p>Knowing the right action to take but feeling powerless to act due to external factors.</p> Signup and view all the answers

    What is a key characteristic of an ethical dilemma in nursing?

    <p>Being forced to choose between two or more undesirable alternatives.</p> Signup and view all the answers

    How should a nurse respond if a patient refuses to sign a consent form?

    <p>Provide the patient with all necessary information and address their concerns.</p> Signup and view all the answers

    Which ethical principle emphasizes promoting good in patient care?

    <p>Beneficence</p> Signup and view all the answers

    What does the principle of autonomy in healthcare imply?

    <p>Patients should be fully informed and able to make their own choices.</p> Signup and view all the answers

    In the ethical principle of justice, what is the main concern?

    <p>Ensuring fairness and treating equals equally.</p> Signup and view all the answers

    What is a common reaction of individuals experiencing moral outrage in a healthcare setting?

    <p>They witness an immoral act but feel powerless to intervene.</p> Signup and view all the answers

    Which term refers to the concern of not knowing which moral principles apply in a given situation?

    <p>Moral uncertainty</p> Signup and view all the answers

    Why is nonverbal communication often considered more reliable than verbal communication?

    <p>It indicates the emotional component of the message.</p> Signup and view all the answers

    What is a key characteristic of passive communication?

    <p>It avoids conflict, often leading to bottled-up emotions.</p> Signup and view all the answers

    In effective organizational communication, why is seeking feedback important?

    <p>It ensures clarity of the message.</p> Signup and view all the answers

    Which type of communication is characterized by expressing feelings in a threatening manner?

    <p>Aggressive</p> Signup and view all the answers

    What should manager-leaders prioritize to enhance organizational communication?

    <p>Assessing the quality of communication.</p> Signup and view all the answers

    What is a violation of justice regarding community resources?

    <p>Insufficient community resources for a low income family</p> Signup and view all the answers

    What is a potential downside of passive-aggressive communication?

    <p>It may result in sarcastic remarks and resentment.</p> Signup and view all the answers

    What does nonmaleficence refer to in healthcare ethics?

    <p>Avoiding harm to patients</p> Signup and view all the answers

    What is essential for effective communication in an organization?

    <p>Clarity, simplicity, and precision.</p> Signup and view all the answers

    What role does the ANA code of ethics fulfill in nursing?

    <p>It serves as a guide for ethical nursing responsibilities</p> Signup and view all the answers

    How should important messages be conveyed in an organization?

    <p>Through multiple communication modes.</p> Signup and view all the answers

    What is the primary purpose of laws and legislation in healthcare?

    <p>To protect patients and nurses</p> Signup and view all the answers

    Which of the following statements about the TN State Nurse Practice Act is true?

    <p>It defines and limits the practice of nursing</p> Signup and view all the answers

    Which characteristic distinguishes civil law from criminal law in nursing?

    <p>It deals with disputes between individuals</p> Signup and view all the answers

    What consequence can result from a nurse being found guilty in a civil lawsuit?

    <p>Monetary damages to be paid</p> Signup and view all the answers

    What best reflects the ethical principle of confidentiality in nursing?

    <p>Maintaining the privacy of privileged information</p> Signup and view all the answers

    What is one potential consequence for a nurse found guilty of a criminal offense?

    <p>Fines and imprisonment</p> Signup and view all the answers

    Which of the following elements must be established to prove a breach of duty in a malpractice case?

    <p>There was a failure to meet the established standard of care</p> Signup and view all the answers

    Which law primarily focuses on patient privacy rights in nursing?

    <p>Health Insurance Portability and Accountability Act (HIPAA)</p> Signup and view all the answers

    What is a key reason nurses may face an increased risk of malpractice suits?

    <p>More authority and independence in decision-making</p> Signup and view all the answers

    What element of malpractice involves the cause and effect between improper care and patient injury?

    <p>Actual injury</p> Signup and view all the answers

    How can nurses reduce the risk of malpractice claims?

    <p>Following agency policies and procedures</p> Signup and view all the answers

    Which of the following can be classified as an administrative action in nursing law?

    <p>Failure to adhere to OSHA regulations</p> Signup and view all the answers

    What is one way nurses should respond if they discover a medication error?

    <p>Report the error without fail</p> Signup and view all the answers

    What behavior does a 'Help seeker' typically exhibit in a group setting?

    <p>Manipulates sympathy through expressions of insecurity</p> Signup and view all the answers

    In which stage of conflict are underlying issues present but not visible?

    <p>Latent conflict</p> Signup and view all the answers

    What is a key characteristic of the 'Dominator' in group dynamics?

    <p>Attempts to control and manipulate group interactions</p> Signup and view all the answers

    Which resolution strategy involves compromising one's own beliefs for another's advantage?

    <p>Cooperative/Accommodating</p> Signup and view all the answers

    During which stage of conflict do emotional responses start to develop?

    <p>Felt conflict</p> Signup and view all the answers

    What term describes the behavior of someone who tries to cloak their personal biases by representing others?

    <p>Special interest pleader</p> Signup and view all the answers

    What occurs during the manifest conflict stage?

    <p>Conflicts are openly addressed and discussed</p> Signup and view all the answers

    What defines the 'Blocker' in a group setting?

    <p>A person who expresses negative viewpoints persistently</p> Signup and view all the answers

    Study Notes

    Criminal Law In Nursing

    • Criminal law in nursing involves actions against the state or public, such as theft, abuse, or practicing without a license.
    • Criminal charges can lead to penalties like fines, imprisonment, or loss of nursing license.

    Federal/Administrative Law in Nursing

    • Federal law in nursing includes nationwide rules like patient privacy (HIPAA), anti-discrimination (ADA), and workplace safety (OSHA).
    • These laws ensure nurses follow national standards and protect patient rights.

    Medication Errors

    • It is critical to increase both mandatory and voluntary reporting of medical errors.

    Malpractice: 5 Elements

    • Standard of care: the care that should be done
    • Breach of duty: failure to meet the standard of care
    • Foreseeability of harm: not meeting the standard of care could cause harm
    • Injury to the patient: provable correlation between improper care and injury
    • Actual injury: the injury occurred because of the defendant's actions

    Nurses & Risk of Malpractice Suits

    • Nurses have more authority and independence in decision making.
    • They have increased legal accountability for decision making.
    • They are performing more actions previously done by medical practitioners.
    • More nurses are carrying malpractice insurance.

    Avoiding/Reducing Risk of Malpractice Suits

    • Practice within the scope of the nurse practice act.
    • Observe and follow agency policies and procedures.
    • Follow evidence-based practice.
    • Always put patient's rights and welfare first.
    • Be aware of relevant law and legal doctrines.
    • Practice within the area of individual competence and upgrade technical skills constantly.

    Torts

    • Torts: legal wrongs committed against a person or property, independent of a contract, that render the person who commits them liable for damages in a civil action.
    • Intentional tort: direct invasion of someone's legal rights.
    • Unintentional tort: an accident that results in injury, property damage, or financial loss due to a person's careless or reckless behavior.

    Types of Torts

    • Negligence: considered an unintentional tort.
    • Assault: threatening a person with the intention to carry out the threat, producing a reasonable apprehension of harm.
    • Simple assault: a threat but no physical contact.
    • Battery: intentional and wrongful physical contact that results in harm, no matter how minor.
    • Assault & battery: a threat that's carried out resulting in harm.
    • False imprisonment: restraint of a person's movement by another.
    • Invasion of privacy:
    • Defamation:
    • Slander:

    Criminal vs. Civil Act

    • Criminal act: Offenses against the state or society (patients) as a whole. Examples: Theft, abuse, or practicing without a license.
    • Civil act: Disputes between individuals or entities, typically seeking compensation for harm caused. Examples: Malpractice and negligence.

    Time Management

    • Priority setting is the most critical skill in good time management.
    • "Do now" = setting priorities; may utilize delegation.

    3 Steps to Time Management

    • Allow for planning.
    • Complete highest priority first.
    • Finish one task before completing another.

    Improving Productivity

    • Start the day/morning by planning and updating the plan as needed.

    Biggest Time Waster for Nurse Managers

    • Paperwork overload.

    Bran's 12 Time Management Habits

    • Strive to be authentic.
    • Favor trusting relationships.
    • Maintain lifestyle that gives you maximum energy.
    • Organize your day by your biorhythms.
    • Set very few priorities and stick to them.
    • Turn down things inconsistent with your priorities.
    • Set aside time for focused effort.
    • Always look for ways of doing things better and faster.
    • Build solid processes.
    • Spot trouble ahead and solve problems immediately.
    • Break goals into small units of work and think only about one unit at a time.
    • Finish what is important and stop doing what is no longer worthwhile.

    Leadership Roles in Groups

    • Aggresso: Expresses disapproval of others' values or feelings through jokes, verbal attacks, or envy.
    • Blocker: Persists in expressing negative points of view and resurrects dead issues.
    • Recognition seeker: Works to focus positive attention on himself or herself.
    • Self-confessor: Uses the group setting as a forum for personal expression.
    • Playboy: Remains uninvolved and demonstrates cynicism, nonchalance, or horseplay.
    • Dominator: Attempts to control and manipulate the group.
    • Help seeker: Uses expressions of personal insecurity, confusion, or self-deprecation to manipulate sympathy from members.
    • Special interest pleader: Cloaks personal prejudices or biases by ostensibly speaking for others.

    Stages of Conflict

    • Latent conflict: Underlying issues exist but aren't yet visible.
    • Perceived conflict: Awareness of the conflict begins, but it hasn't yet escalated.
    • Felt conflict: Emotional responses to the conflict start to develop.
    • Manifest conflict: The conflict becomes visible and may involve confrontations.
    • Conflict aftermath: The conflict is resolved, and the outcome impacts future interactions.

    Conflict Resolution Strategies

    • Cooperative/Accommodating: The person cooperating gives for the other.

    Nurse-Patient Communication

    • Promote better communication among patients, family members, and healthcare professionals from the point of admission.
    • Implement safe continuity of care by keeping the patient and family informed through nurse bedside change-of-shift reports.
    • Engage patients and families in discharge planning throughout the hospital stay.

    Total Quality Management (TQM)

    • Also known as continuous quality improvement (CQI).
    • Based on the individual being the focal element in production and service.
    • Focus on doing the right things, the right way, the first time, and problem-prevention planning.

    Benchmarking

    • The process of measuring products, practices, or services against best-performing organizations.

    Evidence-Based Practice (EBP)

    • Integrates the best available research evidence with clinical expertise and patient values.
    • Helps ensure patient care is based on the latest and most reliable evidence.

    Clinical Practice Guidelines (CPGs)

    • Provide diagnosis-based, step-by-step interventions for providers to follow.
    • Promote high-quality care while controlling resource utilization and costs.

    Standards

    • A predetermined level of excellence that serves as a model to follow.
    • Performance is measured against predetermined standards.
    • Each organization and profession must set standards and objectives to guide individual practitioners.

    Ethics

    • Ethics: The study of right and wrong conduct, focusing on what a person's actions and relationships should be, not necessarily what they are.
    • Characteristics of ethical dilemmas:
      • Being forced to choose between two undesirable options.
      • Moral distress: knowing the right thing to do but being unable to act due to constraints.
      • Moral uncertainty/conflict: being unsure which moral principles apply.
      • Moral outrage: witnessing immoral acts but feeling powerless to stop them.
    • Ethical terms:
      • Autonomy: Freedom to make choices and accept responsibility for those choices.
        • Violations: Imposing choices on patients, not informing them before a procedure.
      • Utilitarianism: Making decisions based on what produces the greatest good for the most people.
      • Beneficence: Acting to promote good.
        • Violation: Refusing a procedure that promotes health violates beneficence and autonomy.
    • Purpose of healthcare laws and legislations: To protect patients and nurses, define scope of practice, and protect individual rights.
    • TN State Nurse Practice Act: Defines and limits the practice of nursing.
    • Statutory law: Established by congress, legislatures, and city councils.
    • Civil law: Deals with disputes between individuals, like malpractice, seeking compensation for harm.
      • Example: A nurse violates patient rights and must pay damages.
    • Criminal law: Involves offenses against society, can lead to loss of license and imprisonment.
      • Example: Practicing without a license.

    Torts

    • Torts: Legal wrongs against a person or property, leading to civil actions for damages.
      • Intentional torts: Direct invasion of someone's rights.
        • Assault: Threat of harm, causing a reasonable apprehension.
        • Battery: Intentional and wrongful physical contact, causing harm.
        • False imprisonment: Restraining someone's movement.
        • Invasion of privacy: Violating someone's right to privacy.
        • Defamation: harming someone's reputation.
          • Slander: Defamation through spoken words.
      • Unintentional torts: Accidents caused by carelessness or recklessness.
        • Negligence: Failure to exercise the care expected of a reasonable person.

    Time Management

    • Good time management benefits: Positive outcomes, productivity, and effective communication.
    • Planning as a nurse manager: Appropriately prioritize tasks to meet short-term and long-term unit goals.
      • Reprioritizing: Adjusting plans based on new information.
    • Priority setting: Do now tasks, delegating when possible.
    • 3 steps in time management:
      • Plan ahead.
      • Complete the highest priority tasks first.
      • Finish one task before starting another.
    • Best time for productivity: Start the day/morning by planning and updating as needed.
    • Largest time waster for nurse managers: Paperwork overload.
    • ** Bran's 12 habits to master time management:**
      • Strive for authenticity.
      • Favor trusting relationships.
      • Maintain a high-energy lifestyle.
      • Organize your day based on your biorhythms.
      • Set and stick to a few priorities.
      • Turn down tasks inconsistent with your priorities.
      • Set aside focused time for important tasks.
      • Look for ways to improve efficiency.
      • Develop solid processes.
      • Spot problems early and solve them promptly.
      • Break down large goals into smaller units.
      • Finish what's important and stop doing what's not worthwhile.

    Leadership and Management Roles for Effective Time Management

    • Leadership Roles:
      • Self-awareness of personal time management obstacles.
      • Recognizing how personal values influence time use.
      • Role modeling prioritization and supportive resources.
      • Working cooperatively with others to maximize time.
      • Preventing distractions and interruptions.
      • Adapting to different time management styles.
      • Staying calm during high activity periods.
      • Prioritizing conflicting requests for time.
      • Determining the quality of work needed for each task.
    • Management Functions:
      • Prioritizing daily plans to meet unit goals.
      • Scheduling time for planning.
      • Analyzing time management on the unit level.
      • Eliminating environmental barriers to time effectiveness.
      • Handling paperwork efficiently.
      • Breaking down large tasks into smaller, manageable ones.
      • Utilizing technology to facilitate communication.
      • Identifying the root of time issues.

    Communication

    • Increasing accurate interpretation: Use multiple communication methods.
    • Nonverbal communication: Often more reliable than verbal communication.

    Ethics

    • Definition: Study of right and wrong conduct, including personal, societal, and environmental aspects.
    • Characteristics of nursing ethical dilemmas:
      • Forced to choose between undesirable alternatives
      • Moral Distress: Knowing the right thing but unable to act due to constraints.
      • Moral Uncertainty/Conflict: Unsure of which moral principles apply.
      • Moral Outrage: Witnessing immoral acts but feeling powerless.
    • Steps:
      • Address concerns.
      • Provide necessary information.
      • Maintain open communication, empathy, and respect for patient autonomy.
      • Explore alternative options.

    Ethical Terms

    • Autonomy: Freedom of choice, taking responsibility for one's decisions.
      • Example: Grandkids deciding not to tell grandma about her illness violates her autonomy.
      • Violation: Occurs when patients are not properly informed.
    • Beneficence: Actions taken to promote good.
      • Example: Patient refusing a health-promoting procedure violates both autonomy and beneficence.
    • Justice: Fairness and equal treatment.
      • Example: Lack of community resources for low-income families violates justice.
      • Example: Allocating organs based on a person's worth to society violates justice.
    • Nonmaleficence: Actions taken to avoid harm.
    • Confidentiality: Maintaining private information.
    • Utilitarianism: Making decisions based on what benefits the greatest number of people.

    ANA Code of Ethics with Interpretive Statements

    • Outlines core values, duties, and responsibilities for nurses.
    • A guide for ethical practice consistent with quality nursing care.
    • Not legally binding but functions as a guide for ethical standards and moral thinking.

    Healthcare Laws & Legislation

    • Purpose:
      • Protects patients and nurses.
      • Defines acceptable practice and protects individual rights.
      • Enables nurses to understand their legal rights and obligations.

    Tennessee State Nurse Practice Act

    • A type of statutory law.
    • Defines and limits the practice of nursing within the state.

    Types of Law

    • Civil Law: Deals with disputes between individuals.
      • Example: Malpractice or negligence lawsuits.
      • Consequence of guilty verdict: Monetary damages.
    • Criminal Law: Involves offenses against the state or public.
      • Examples: Theft, abuse, practicing without a license.
      • Consequence of guilty verdict: Fines, imprisonment, loss of license.
    • Federal/Administrative Law: Rules and regulations issued by local, state, and federal governments.
      • Examples: HIPAA (patient privacy), ADA (anti-discrimination), OSHA (workplace safety).
      • Consequence of guilty verdict: Suspension or loss of licensure.

    Medication Error

    • Increase in both mandatory and voluntary reporting is crucial for addressing errors.

    Malpractice

    • Elements:
      • Standard of care (what should have been done).
      • Breach of duty (failure to meet the standard of care).
      • Foreseeability of harm (not meeting the standard of care could have caused harm).
      • Injury to the patient (provable link between improper care and injury).
      • Actual injury (injury occurred due to the defendant's actions).

    Nurse Risk of Malpractice Suits

    • Increased authority and independence in decision making.
    • Increased legal accountability for decisions.
    • Performing more actions previously done by physicians.
    • Higher salaries.
    • Increased prevalence of malpractice insurance.

    Reducing Risk of Malpractice Suits

    • Practice within the scope of the Nurse Practice Act.
    • Observe and follow agency policies and procedures.
    • Utilize evidence-based practice.
    • Maintain open communication and accurate documentation.

    Organizational Communication

    • Key Factors:
      • Assessing organizational communication.
      • Understanding organizational structure and who will be affected by decisions.
      • Clear, simple, and precise communication.
      • Two-way communication.
      • Seeking feedback.
      • Utilizing multiple communication modes for important messages.
      • Avoiding overwhelming subordinates with unnecessary information.

    Types of Communication

    • Passive: Avoiding conflict by suffering in silence.
      • Example: Nursing tech silently enduring task assignment issues.
    • Passive-Aggressive: Aggressive messages presented passively.
      • Example: Saying yes when meaning no, sarcasm, complaining about others.
      • Considered the most dangerous coworker.
    • Aggressive: Direct, threatening, and condescending.
      • Infringes on others' rights and personal space.

    Stages of Conflict

    • Latent Conflict: Underlying issues that haven't surfaced.
      • Example: Staffing crisis.
    • Perceived Conflict: Awareness of the conflict, but not escalated, often without emotional response.
      • Example: Staff reporting a problem to management.
    • Felt Conflict: Emotional responses to the conflict start developing.
      • Example: Staff anxiety when management doesn't address staffing concerns.
    • Manifest Conflict: Visible conflict with confrontations.
      • Example: Manager's meeting with staff to discuss the problem.
    • Conflict Aftermath: The outcome of the conflict, impacting future interactions.
      • Example: Increased staff or resignation of staff.

    Conflict Resolution Strategies

    • Accommodating/Cooperative: One person sacrifices their beliefs to allow the other person to "win."

    Other Conflict Resolution Strategies

    • Collaboration: Working together to find a solution that benefits both parties.
    • Compromise: Both parties give something up to reach a mutual agreement.
    • Conflict Smoothing: Trying to avoid conflict by downplaying the issue.
    • Avoidance: Ignoring or withdrawing from the conflict.
    • Competing: Trying to win at all costs, regardless of the other party.

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    Preceptor Exam 2 PDF

    Description

    This quiz explores essential legal concepts in nursing, including criminal law, federal regulations, medication errors, and malpractice. Understanding these legal frameworks is crucial for ensuring patient safety and adhering to ethical standards in nursing practice.

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