Ethical and Legal Issues

C

Nurse Jones decides to tell the client of his terminal status because she believes it is her duty to do so. Which of the following ethical theories is considered in the decision? A. Natural law theories B. Ethical egoism C. Kantianism D. Utilitarianism

Utilitarianism

"the greatest-happiness principle;" action is taken based on the end results that produce the most good/happiness for the most people

Ethics

A branch of philosophy that deals with systematic approaches to distinguishing right from wrong behavior

C

A competent, voluntary client has stated he wants to leave the hospital. The nurse hides his clothes in an effort to keep him from leaving. With which of the following legal actions might the nurse be charged because of this nursing action? A. Assault B. Battery C. False imprisonment D. Breach of confidentiality

A, B, D

An individual may be considered gravely disabled for which of the following reasons? Select all that apply. A. A person, because of mental illness, cannot fulfill basic needs. B. A mentally ill person is in danger of physical harm based on inability to care for self. C. A mentally ill person lacks the resources to provide the necessities of life. D. A mental ill person is unable to make use of available resources to meet daily living requirements.

C

Attempting to calm an angry client by using "talk therapy" is an example of which of the following clients' rights? A. The right to privacy B. The right to refuse medications C. The right to the least-restrictive treatment alternative D. The right to confidentiality

Rights

Defined as "a valid, legally recognized claim or entitlement, encompassing both freedom from government interference or discriminatory treatment and an entitlement to a benefit or service

Morals

Defined as conduct that results from serious critical thinking about how individuals ought to treat others; reflects the way a person interprets basic respect for other persons

A, B

Guidelines relating to "duty to warn" state that a therapist should consider taking action to warn a third party when his or her client (select all that apply): A. threatens violence toward another individual. B. identifies a specific intended victim. C. is having command hallucinations. D. reveals paranoid delusions about another individual

A

Nurse Jones decides to respect family wishes and not tell the client of his terminal status because that would bring the most happiness to the most people. Which of the following ethical theories is considered in the decision? A. Utilitarianism B. Kantianism C. Christian ethics D. Ethical egoism

D

Joe is very restless and is pacing a lot. The nurse says to Joe, "If you don't sit down in the chair and be still, I'm going to put you in restraints!" With which of the following legal actions might the nurse be charged because of this nursing action? A. Defamation of character B. Battery C. Breach of confidentiality D. Assault

Unintentional Tort

Malpractice and negligence are examples of what kind of law?

Knowledge, Competency, Free Will

Name the three major elements of informed consent.

B

Nurse Jones decides to go against family wishes and tell the client of his terminal status because that is what she would want if she were the client. Which of the following ethical theories is considered in this decision? A. Kantianism B. Christian ethics C. Natural law theories D. Ethical egoism

Values

Personal beliefs about what is important and desirable

Bioethics

Term that refers to concepts of right and wrong behaviors within the scope of medicine, nursing, and allied health

B

The nurse assists the physician with electroconvulsive therapy on his client who has refused to give consent. With which of the following legal actions might the nurse be charged because of this nursing action? A. Assault B. Battery C. False imprisonment D. Breach of confidentiality

False Imprisonment

What charges may be brought against a nurse for confining a client against his or her wishes (outside of an emergency situation)?

Ethical Egoism

Which ethical theory espouses that what is right and good is what is best for the individual making the decision?

B, D

Which of the following statement is (are) correct regarding the use of restraints? Select all that apply. A. Restraints may never be initiated without a physician's order. B. Orders for restraints must be reissued by a physician every 2 hours for children and adolescents. C. Clients in restraints must be observed and assessed every hour for issues regarding circulation, nutrition, respiration, hydration, and elimination. D. An in-person evaluation must be conducted within one hour of initiating restraints.

Statutory Law

a law that has been enacted by a legislative body, such as a county or city council, state legislature, or the U.S. Congress; example: nurse practice acts

Ethical Dilemma

a situation that requires an individual to make a choice between two equally unfavorable alternatives; no clear reason to choose one action over another; both sides of the argument are logical and appropriate; the actions associated with both sides are desirable in some respects and undesirable in others

Torts

a violation of a civil law in which an individual has been wronged; one party has caused harm to another party; may be intentional or unintentional

Christian Ethics

all decisions about right and wrong should be centered in love for God and in treating others with the same respect and dignity with which we would expect to be treated; "Do unto others as you would have them do unto you."

Assault

an act that results in a person's genuine fear and apprehension that he or she will be touched without consent

Malpractice

an instance of negligence or incompetence on the part of a professional; a plaintiff must also prove proximate cause and damages

Autonomy

assuming that a person is capable of making independent choices for himself, this principle emphasizes the status of persons as moral agents whose right to determine their destinies should always be respected

Common Law

derived from decisions made in previous cases; these laws apply to a body of principles that evolve from court decisions resolving various controversies

Ethical Egoism

doing what is right and good because it is what is best for the individual making the decision; to his or her own advantage; may not be best for anyone else involved

Contracts

in this action, one party asserts that the other party has failed to fulfill an obligation; either compensation or performance of the obligation is sought; example: an action by a mental health professional whose clinical privileges have been reduced or terminated in violation of an implied legal form between the professional and a hospital

Veracity

one's duty to always be truthful and not intentionally deceive or mislead clients; clients have the right to know about their diagnosis, treatment, and prognosis

Slander

oral defamation; when shared information is spoken

Civil Law

protects the private and property rights of individuals and businesses

Criminal Law

provides protection from conduct deemed injurious to the public welfare; provides punishment of those found to have engaged in such conduct; example: theft by a hospital employee of supplies or drugs

Beneficence

refers to one's duty to benefit or promote the good of others; act in their client's best interest; being the patient's advocate

Nonmaleficence

requirement to do no harm to clients, either intentionally or unintentionally

False Imprisonment

the deliberate and unauthorized confinement of a person within fixed limits by the use of verbal or physical means

Justice

the duty to treat all individuals equally and fairly; right of individuals to be treated equally regardless of race, sex, marital status, medical diagnosis, social standing, economic level, or religious belief

Negligence

the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others' rights

Natural Law

the idea that decisions about right versus wrong are self-evident and determined by human nature; as rational human beings, we inherently know the difference between good and evil (knowledge that is given to man from God)

Kantianism

the principle or motivation on which the action is based that is the morally decisive factor whether an action is right or wrong; opposed to utilitarianism

Battery

the unconsented touching of another person

Libel

when shared information is in writing