http://www.nursingnotes.info/Bioethics • Is ethics as applied to human life or health • Ex: Abortion or euthanasiaMoral Principles • Are statements about broad, general, philosophical concepts, such as autonomy and justice. They provide the foundation for moral rules which are specific prescriptions for actions • Ex: people should not lieAutonomy • The right to make one’s own decisionsNonmaleficence • Duty to “do no harm”Beneficence • Means “doing good” • Nurses are obliged to do good, to implement actions that benefit clients and their support personsJustice • Referred to as fairnessFidelity • To be faithful to agreements and promisesVeracity • Telling the truthResponsibility • Refers to specific accountability or liability associated with the performance of duties of a rolePhilippine Nursing Act of 1992 – defines the scope of nursing practice • Nurses are held responsible and accountable for the quality of performance of their duties. • Nurses employed in any agencies are directly responsible to their immediate supervisors. • PDN are held to a standard of conduct that is expected of reasonably prudent nurses.Nurses’ Bill of Rights • Nurses have the right of practice in any manner that fulfills their obligations to society and to those who receive nursing care. • Nurses have the right to practice in environments that allow them to act in accordance with professional standards and legally authorized scopes of practice. • Nurses have the right to a work environment that supports and facilitates ethical practice, in accordance with the Code of Ethics for Nurses and its imperative statements. • Nurses have the right to freely and openly advocate for themselves and their patients, without fear of retribution. • Nurses have the right to fair compensation for their work, consistent with their knowledge, experience, and professional responsibilities. • Nurses have the right to a work environment that is safe for themselves and their patients.
• Nurses have the right to negotiate the conditions of their employment, either as individuals or collectively, in all practice settings.Unprofessional Conduct • Incompetence or gross negligence • Conviction for practicing without a license • Classification of client’s records • Legally obtaining, using, or possessing controlled substances • Having personal relationship with a clientCategories of Confidential Information • Vital statistics • Infections and communicable diseases • Child or elder abuse • Violent incidentsDefinition of a Law • Is the sum total of rules and regulations by which a society is governedFunctions of the Law in Nursing • Provides a framework for establishing which nursing actions in the care of the clients are legal • Differentiates the nurses’ responsibilities from those of other health professional • Helps establish the boundaries of independent nursing action • Assists in maintaining a standard of nursing practice by making nurses accountable under the lawTypes of Law 1. Public Law • The body of law that deals with relationships between individuals and the government and government agencies • An important segment of public law is criminal law which deals with actions against the safety 2. Private Law/Civil Law • Body of law that deals with relationships among private individuals a. Contract law –involves the enforcement of agreements and private individuals or the payment of compensation for failure to fulfill the agreements b. Tort law – defines and enforces duties and rights among private individuals that are not based on contractual agreementsSources of Law 1. Constitutional Law – supreme law Establishes general organization of the government Grants certain powers to the government Places limitations to what the government may do Creates legal rights and responsibilities Foundation for a system of justice 2. Legislation (Statutory Law) Law enacted by any legislative body 3. Administrative Law – when a state legislature passes a statute, an administrative agency is given the authority to create rules and regulations to enforce the statutory laws. 4. Common Law – law evolving from court decisions.Tort Law
- Deals with rights and obligations of the person involved in an act; related to injury or harm committed to a person; invasion of privacy; damage to a person’s property, business, reputation - Forms: Intentional and UnintentionalCharacteristics of Law • It comes from an authority: the right to declare that the rule exists • Rule is pronounced and source is identified • Right to enforce the same is providedThe controlling authority • Government: embodiment of such control is the constitution • Constitution is the fundamental law of the land • Constitution contains principles on which the government is founded; regulates the sovereign powers; directs to which the powers are entrusted; specifies manner by which the powers are exercisedPronouncement of the Law • Declared in writing: to enforce control • Sources of Pronouncements: 1. Constitution 2. Statues or legislations 3. Regulations 4. Judicial decisions 5. Presidential decrees 6. LOIRules of Conduct • Provided by the law making body • Issued in writing • Provisions on consequences for violationsWill • Legal declaration of a person’s intentions upon death • Testamentary document because it takes effect after the death of its makerDecedent • A person whose property is transmitted through succession whether or not he left a will o Testator – person who left a will o Testatrix – woman who makes a willHeir • A person called to succession either by the provision of a will or by operation of lawTestate • A person who dies leaving a willIntestate • A person dies without leaving a willProbate • Validation of a will in courtAdministrator
• One who administer the provision of the willHolographic Will • A will which is written, dated and signed by the testatorNuncupative / Nuncupation Will • Oral willSix Elements that must be present for a case of nursing malpractice to be proven 1. Duty o The nurse must have a relationship with the client that involves providing care and following an acceptable standard of care 2. Breach of duty o There must be a standard of care that is expected in the specific situation, but that the nurse did not observe 3. Foreseeability o A link must exist between the nurse’s act and the injury suffered 4. Causation o It must be proved that the harm occurred as a direct result of the nurse’s failure to follow the standard of care and the nurse could have known that failure to follow the standard of care could result in such harm 5. Harm or injury o The client or plaintiff must demonstrate some type of harm or injury as a result of the breach of duty owed the client 6. Damages o If malpractice caused the injury, the nurse is held liable for damages that may be compensated. The goal of awarding damages is to assist the injured party to his or her original position so far as financially as possible.