Ethical and Legal DISCUSSION

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School

Louisiana Delta Community College *

*We aren’t endorsed by this school

Course

100

Subject

Law

Date

Jun 10, 2024

Type

pdf

Pages

1

Uploaded by ColonelSardineMaster197

Define legal terms: Torts- A tort is a civil wrong made against a person or property. Malpractice - is one type of negligence and often referred to as professional negligence. Negligence - is conduct that falls below the generally accepted standard of care of a reasonably prudent person. False imprisonment - occurs with unjustified restraint of a person without a legal reason. Felony - A felony is a serious offense that results in significant harm to another person or society in general. Assault - is an intentional threat toward another person that places the person in reasonable fear of harmful, imminent, or unwelcome contact. Battery - is any intentional offensive touching without consent or lawful justification. Describe types of laws: Constitutional – Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. Statutory - Statutory laws include the Nurse Practice Act found in all states. The Nurse Practice Act describes and defines the legal boundaries of nursing practice in each state. The Nurse Practice Act of each state defines the scope of nursing practice and expanded nursing roles, sets education requirements for nurses, and distinguishes between nursing and medical practice. Administrative - Regulatory law, also known as administrative law, defines your duty to report incompetent or unethical nursing conduct to the Board of Nursing. Most of these revolve around negligence and malpractice. Criminal - Criminal laws are meant to prevent harm to society and to provide punishment for crimes. These are categorized as felonies or misdemeanors. Describe ethical principles: Beneficence – The agreement to act with beneficence implies that the best interests of the patient remain more important than self-interest. Nonmaleficence - Maleficence refers to harm or hurt; nonmaleficence is the avoidance of harm or hurt. In health care, ethical practice involves not only the will to do good, but an equal commitment to do no harm. Autonomy – the commitment to include patients in decisions about all aspects of care as a way of acknowledging and protecting a patient ’s independence. Providers are obligated to inform patients about risks and benefits of treatment plans and then to ensure that they understand and agree with their plan. Justice - refers to fairness. It is used most often in discussions about access to health care resources, including the just distribution of resources. The term just culture refers to the promotion of open discussion without fear of recrimination whenever mistakes, especially those involving adverse events, occur or nearly occur. Confidentiality - The information that is in a patient’s medical record is a confiden tial communication that may be shared with health care providers for the purpose of medical treatment only. Health care providers must not disclose the patient’s confidential medical information without his or her consent. A patient must authorize the release of information. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) mandates protection of the patient’s personal health information. Truthfulness – Always be honest. Do not lie or try to hide anything. Informed consent -. Informed consent creates a legal duty for the health care provider to disclose material facts in terms the patient can understand to make an informed choice. It must be obtained and witnessed when the patient is not under the influence of medication such as opioids. A patient’s signed consent form is necessa ry for admission to a health care agency, invasive procedures such as intravenous central line insertion, surgery, some treatment programs such as chemotherapy, and participation in research studies.
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