ppt chapter 03

Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Chapter 3

Laws and Ethics

Chapter 3

Laws and Ethics


• Rules of conduct established and enforced by government

• Intended to protect both the general public and each person

LawsLaws


• Constitutional laws

– Founders of the United States wrote the first formal laws

o Divided power among three branches of government

o Protected the entire nation

o Identified rights and privileges of U.S. citizens

Laws: Six CategoriesLaws: Six Categories


• Statutory laws

– Laws enacted by federal, state, or local legislatures: public acts, codes, or ordinances

– Nurse practice acts: common elements

o Define scope of nursing practice; establish the limits to practice

Laws: Six Categories (cont’d)Laws: Six Categories (cont’d)


• Statutory laws (cont’d)

– Nurse practice acts (cont’d)

o Identify titles: licensed practical nurse (LPN); licensed vocational nurse (LVN); or registered nurse (RN)

o Authorize a board of nursing to oversee nursing practice

o Determine what constitutes grounds for disciplinary action



• Administrative laws

– Legal provisions: federal, state, and local agencies maintain self-regulation

– State boards of nursing

– Nurse licensure compacts



• Common laws

– Decisions based on prior similar cases: judicial law

– Based on the principle of stare decisis

– Refers to litigation: falls outside the realm of constitutional, statutory, and administrative laws



• Criminal laws

– Penal codes: protect citizens from people who pose a threat to the public good

– Used to prosecute those who commit crimes

– Misdemeanors or felonies



• Civil laws

– Statutes: protect personal freedoms and rights

– Disputes between individual citizens

– Civil cases: torts

o Intentional

o Unintentional



• Intentional torts

– Assault

– Battery

– False imprisonment

– Invasion of privacy

– Defamation

Laws: Civil LawLaws: Civil Law


• Unintentional torts

– Negligence

– Malpractice

Laws: Civil Law (cont’d)Laws: Civil Law (cont’d)


QuestionQuestion

• Which of the following is an unintentional tort?

a. Assault

b. Battery

c. False imprisonment

d. Negligence


AnswerAnswer

d. Negligence

Negligence is an unintentional tort, whereas assault, battery, and false imprisonment are intentional torts.


• Liability insurance

– Contract between a person or corporation and a company willing to provide legal services and financial assistance: policyholder involved in malpractice lawsuit

– Necessary for all nurses: accountable for their actions during clinical practice

Professional LiabilityProfessional Liability


• Liability insurance (cont’d)

– Provides legal protection in the event of a lawsuit

– Liability insurance available through:

o Private insurance companies

Professional Liability (cont’d)Professional Liability (cont’d)


• Mitigating liability

– Good Samaritan laws

– Statutes of limitations

– Principles regarding assumption of risk

– Appropriate documentation



• Reducing liability

– Risk management

– Incident reports

– Anecdotal records



QuestionQuestion

•Is the following statement true or false?

Good Samaritan laws protect health care workers against being sued.


AnswerAnswer

True.

Good Samaritan Laws protect health care workers against being sued. They provide legal immunity to passersby who provide emergency first aid to victims of accidents.


• Malpractice litigation

– Successful outcome in a malpractice lawsuit depends on physical evidence and attorney expertise

– Appearance, demeanor, and conduct of the nurse defendant can help or damage the case



• Moral or philosophical principles: direct actions as being either right or wrong

• Codes of ethics

– List of written statements describing ideal behavior

EthicsEthics


Ethics (cont’d)Ethics (cont’d)

• Ethical dilemmas

– Choice between two undesirable alternatives

– Occur when individual values and laws conflict

– Nurses actions may be legal but personally unethical; or ethical but illegal


• Ethical theories

– Nurses use one of two ethical problem-solving theories to solve ethical dilemmas

o Teleology

o Deontology



• Ethical principles

– Beneficence

– Nonmaleficence

– Autonomy

– Veracity

– Fidelity

– Justice



QuestionQuestion

•Is the following statement true or false?

Nonmaleficence means “doing good” or acting for another’s benefit.


AnswerAnswer

False.

Nonmaleficence means “doing no harm” or avoiding an action that deliberately harms a person.


• Values and ethical decision-making

– Values: person’s most meaningful beliefs

o Basis: decisions about right or wrong

– Guidelines to ethical decision making



• Ethics committees

– Ethical decisions are complex and can affect the lives of clients

– Cross-section of professionals and nonprofessionals debate about ethical issues

– Called on to offer advice to protect clients’ best interests and to avoid legal battles



• Common ethical issues

– Truth telling

– Confidentiality

– Withholding or withdrawing treatment

– Code status

– Allocation of scarce resources

– Whistle-blowing



• Truth telling

– All clients have the right to complete and accurate information

– Physicians’ and nurses’ duty to report truth regarding client health matters



• Confidentiality

– Safeguarding a person’s health information from public disclosure

– Must not divulge health information to unauthorized people without client’s written permission



• Withholding/withdrawing treatment

– Advance directives

o Two types

Living will

Durable power of attorney



• Code status

– During cardiac or respiratory arrest, refers to how health care personnel are required to manage care



• Allocation of scarce resources

– Process of deciding how to distribute limited life-saving equipment or procedures

o First come, first served

o Intent to produce most good to most people



• Whistle blowing

– Reporting incompetent or unethical practices and unsafe or potentially harmful situations

o Involves personal risks

o Ethical priority: protecting clients


ppt chapter 03

Business

lippincott

wilkins question

statement

unintentional

nonmaleficence

false imprisonment

false

state