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Ppt chapter 03

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  • 1. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Chapter 3 Laws and Ethics
  • 2. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Rules of conduct established and enforced by government • Intended to protect both the general public and each person Laws
  • 3. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • 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 Categories
  • 4. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • 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)
  • 5. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • 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 Laws: Six Categories (cont’d)
  • 6. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Administrative laws – Legal provisions: federal, state, and local agencies maintain self-regulation – State boards of nursing – Nurse licensure compacts Laws: Six Categories (cont’d)
  • 7. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • 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 Laws: Six Categories (cont’d)
  • 8. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • 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 Laws: Six Categories (cont’d)
  • 9. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Civil laws – Statutes: protect personal freedoms and rights – Disputes between individual citizens – Civil cases: torts o Intentional o Unintentional Laws: Six Categories (cont’d)
  • 10. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Intentional torts – Assault – Battery – False imprisonment – Invasion of privacy – Defamation Laws: Civil Law
  • 11. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Unintentional torts – Negligence – Malpractice Laws: Civil Law (cont’d)
  • 12. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Question • Which of the following is an unintentional tort? a. Assault b. Battery c. False imprisonment d. Negligence
  • 13. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Answer d. Negligence Negligence is an unintentional tort, whereas assault, battery, and false imprisonment are intentional torts.
  • 14. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • 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 Liability
  • 15. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • 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)
  • 16. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Mitigating liability – Good Samaritan laws – Statutes of limitations – Principles regarding assumption of risk – Appropriate documentation Professional Liability (cont’d)
  • 17. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Reducing liability – Risk management – Incident reports – Anecdotal records Professional Liability (cont’d)
  • 18. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Question •Is the following statement true or false? Good Samaritan laws protect health care workers against being sued.
  • 19. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Answer 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.
  • 20. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • 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 Professional Liability (cont’d)
  • 21. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Moral or philosophical principles: direct actions as being either right or wrong • Codes of ethics – List of written statements describing ideal behavior Ethics
  • 22. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins 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
  • 23. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Ethical theories – Nurses use one of two ethical problem- solving theories to solve ethical dilemmas o Teleology o Deontology Ethics (cont’d)
  • 24. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Ethical principles – Beneficence – Nonmaleficence – Autonomy – Veracity – Fidelity – Justice Ethics (cont’d)
  • 25. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Question •Is the following statement true or false? Nonmaleficence means “doing good” or acting for another’s benefit.
  • 26. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins Answer False. Nonmaleficence means “doing no harm” or avoiding an action that deliberately harms a person.
  • 27. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Values and ethical decision-making – Values: person’s most meaningful beliefs o Basis: decisions about right or wrong – Guidelines to ethical decision making Ethics (cont’d)
  • 28. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • 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 Ethics (cont’d)
  • 29. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Common ethical issues – Truth telling – Confidentiality – Withholding or withdrawing treatment – Code status – Allocation of scarce resources – Whistle-blowing Ethics (cont’d)
  • 30. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Truth telling – All clients have the right to complete and accurate information – Physicians’ and nurses’ duty to report truth regarding client health matters Ethics (cont’d)
  • 31. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Confidentiality – Safeguarding a person’s health information from public disclosure – Must not divulge health information to unauthorized people without client’s written permission Ethics (cont’d)
  • 32. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Withholding/withdrawing treatment – Advance directives o Two types  Living will  Durable power of attorney Ethics (cont’d)
  • 33. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Code status – During cardiac or respiratory arrest, refers to how health care personnel are required to manage care Ethics (cont’d)
  • 34. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • 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 Ethics (cont’d)
  • 35. Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins • Whistle blowing – Reporting incompetent or unethical practices and unsafe or potentially harmful situations o Involves personal risks o Ethical priority: protecting clients Ethics (cont’d)