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111 Cards in this Set
- Front
- Back
The legal responsiblility for one's actions or failure to act appropraitely
Commission of a forbidden act Ommission of an act required by law |
Liability
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An injury that that occured becuse of another person's intentional or unintentional actions or failure to act
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Tort
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The failure to act as a reasonable person would have acted in a similar situation
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Negligence
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A wrong committed against a person or property or public good
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Crime
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A serious crime
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Felony
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A crime that is considered not as serious as a felony
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Misdemeanor
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Failure to act as a reasonable person would have acted in a similar situation
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Negligence
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Improper, injurious, or faulty treatment of a client resulting in illness or injury
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Malpractice
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Defined by the state's Nurse Practice Act
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Standards of practice
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Threat or attempt to do bodily harm
Includes physical or verbal intimidation |
Assualt
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Physical contact, touching a person's body, clothing, chair or bed, False imprisonment,Invasion of privacy
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Battery
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Tests, treatments, medications, outcomes, possible complications, and alternative procedures explained to the client
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informed Consent
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Assumes that if life-threatening circumstances occur, the client would provide consent for care.
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inferred consent
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A written statement or photograph that is false or damaging
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Libel
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An act that harms a person's reputation and good name
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Defamation
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Standards to protect and guard against the misuse of individual identifiable health information
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HIPAA
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Only individuals who are regulated by the _________________ can legally be called nurses
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Nurse practice Act
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a legal document: a person either states choices for medical treatment or names someone to make treatment choices if he of she loses decison-making ability
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advance direct
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Three major types of advance directives
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1. Living will
2. Directives to physicians 3. Durable power of attorney for healthcare |
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The right to make one's own decision
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Autonomy
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the duty to do no harm
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nonmaleficence
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"doing well"
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Beneficence
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refers to a sense of fairness
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Justice
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keeping promises and agreements
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fidelity
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telling the truth
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Veracity
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term used when client decides to leave the hospital without a primary care provider's order
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AMA Against Medical Advice
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are used to make decisions about risk management and quality control
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Incident reports
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process by which a licensed nurse in one state may receive a license in another state without retaking the licensing exam
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endorsement
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status that says a nurse has the minimum requirements for competence and practice
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licensure
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procedure in which a person transfers licensure from on state to another
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reciprocity
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term applies to person praciticing as a practical nrse in CA and TX
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vocational nurse
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refers to moral principles and values that guide human behaviors or may be defined as conduct appropriate for all members of a group.
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Ethics
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a legal document in which a person either states choices for medical treatment or names someone to make treatment choices if he or she loses decision-making ability.
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advance directive
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euthanasia
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mercy killing
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Examples of intentional torts include
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assault, battery, false imprisonment, invasion of privacy, and defamation.
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The example of an unintentional tort is
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negligence
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____________is defined as harm done to a client as a result of neglecting duties, procedures, or ordinary precautions.
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Negligence
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one of the most common causes of lawsuits by clients of healthcare.
takes into account your educational level and experience. |
Negligence
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A nurse can be found negligent and be sued for damages for any of the following reasons:
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1. Performing nursing procedures that have not been taught
2. Failing to follow standard protocols as defined by the facility's policy and procedure manuals 3. Failing to report defective or malfunctioning equipment 4. Failing to meet established standards of safe care for clients 5. Failing to prevent injury to clients, other employees, and visitors 6. Failing to question a physician's order that seems incorrect |
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Harm that results from a licensed person's actions or lack of actions can be called
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malpractice
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A nurse commits ____________when his or her conduct deviates from the normal or expected standard of behavior that would be performed by someone of similar education and experience in similar circumstances.
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malpractice
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Telling the client that you are going to restrain him in bed if he tries to get out of bed without assistance is
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assault
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A gesture that the client may perceive as a threat is ________if the client believes that force or injury may follow.
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assault
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The nursing student never serves as a witness to any
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legal papers or documents.
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All teaching must be
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documented.
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Excessive force is never appropriate. T or F
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True
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________________is a legal term that implies that a healthcare professional has prematurely stopped caring for a client.
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Abandonment of care
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________means that a client has the right to expect that his or her property will be left alone.
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The right to privacy
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Physical striking or beating is ________ . Also, the touching of a person's body, clothing, chair, or bed.
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battery
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Forcing the client to get out of bed can be considered both
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assault and battery
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___________________may be charged in certain situations, such as the use of unnecessary restraints or solitary confinement
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False imprisonment or restraint of movement
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False imprisonment may be a result of either
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physical or chemical limitations.
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___________is the term given to malicious verbal statements that are false or injurious
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Slander
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The federal government initiated the stringent privacy act HIPAA in what year? HIPAA stands for __________________________________,
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2003
Health Insurance Portability and Accountability Act of 1996 |
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___________national standards for the protection of health information for health plans, healthcare clearinghouses, and healthcare providers who conduct certain healthcare transactions electronically.
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HIPAA
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Failure to comply with HIPAA standards may result in
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civil or criminal penalties.
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The law that defines and regulates the practice of nursing in the United States is called the ______. These laws define the title of “nursing” and regulate the many aspects of the field of nursing.
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Nurse Practice Act
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The legislative power to initiate, regulate, and enforce the provisions of the Nurse Practice Act is delegated to a specific state agency often known as the
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State Board of Nursing.
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the Board may define LPN/LVN limitations regarding working with
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intravenous lines and administering intravenous medications.
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The Boards work cooperatively with other regulating Boards, such as the _________________and the _________________
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Board of Medical Examiners and the Pharmacy Board.
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All state “Boards” may be part of one or more larger state agencies such as the
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Department of Consumer Affairs
or the Department of Health Services. |
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The ______________ or ____________ in each state, province, or territory defines regulations for practical and registered nursing.
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The law
or Nurse Practice Act |
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The major concepts of the legislation of Nurse Practice Acts include:
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1. Definition of practical and registered nursing
2. Nursing functions protected by the law 3. Requirements for an approved school of nursing 4. Establishment of requirements for licensure 5. Process and procedures for becoming licensed in each state, territory, or province 6. Procedures for maintaining licensure. 7. Conditions under which a license may be suspended or revoked and conditions for reinstatement 8. Procedures for transferring licenses from one state to another (interstate endorsement) |
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The Nurse Practice Act defines conditions under which a license can be revoked. Such conditions include
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drug or alcohol abuse,
fraud, deceptive practices, criminal acts, previous disciplinary action, and gross or ordinary negligence. |
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NCLEX-PN
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the National Council Licensing Examination for Practical Nurses
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The purpose of the NCLEX-PN is to separate candidates into two groups:
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those who can pass with minimal entry-level knowledge and those who cannot.
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Test questions for the NCLEX-PN are written by
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practicing clinical nurses and educators
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Legal actions involving negligent acts by a person engaged in a profession may become
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malpractice lawsuits.
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CEUs
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continuing education units
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CEHs
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continuing education hours
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Common-Sense Precautions
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Follow Accepted Procedures
Be Competent in Your Practice Ask for Assistance Document Well Do Not Give Legal Advice to Clients Do Not Accept Gifts Do Not Help a Client Prepare a Will Consider a Malpractice Insurance Policy |
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The ____________________is the written and legal evidence of treatment.
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health record
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_______________is perhaps the most important thing you can do to protect yourself against an unjustified lawsuit.
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Careful documentation
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Malpractice insurance covers nurses only when they act
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“as any prudent nurse would.”
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Remember the following important considerations of Professional Boundaries
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Power versus vulnerability
Boundary crossings Boundary violations Professional sexual misconduct |
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PSDA
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Patient Self-Determination Act
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__________ requires that all adults admitted to any healthcare facility must be asked if they have an advance directive and given assistance if they desire more information.
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PSDA
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A _________________is a written and legally witnessed document (but can be executed without an attorney) that requests no extraordinary measures to be taken to save a person's life in the event of terminal illness
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living will
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The Nurse's Responsibility in Determination of Advance Directives:
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1. Understand the different types of advance directives.
2. Know specific advance directives that apply to certain areas (such as in mental health units). 3. Obtain assistance if clients wish to change an advance directive, as their condition or desires change. 4. Teach clients so they can make informed decisions. 5. Inform clients that they have the right to refuse treatment or can refuse life-prolonging measures but can still receive palliative care and pain control |
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A ____________________ is another type of written document that can be useful for terminally ill adults who have no other person to name as their agent for making healthcare decisions.
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directive to physicians
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written document in which a client names another person to make healthcare decisions for him or her should the client become unable to do so.
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durable power of attorney
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the _______________________ establishes specific guidelines for psychiatric care.
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mental health advance declaration
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Laws protecting the vulnerable are particularly important for those who work with
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mentally ill, mentally retarded, or confused persons.
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_________________as observed and declared, usually by a physician, is the total lack of activity of any of the body's systems.
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Legal death
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____________is death due to natural causes.
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Biological death
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__________is the cessation of brain function. may also be known as clinical death.
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Brain death
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In all cases that may involve the determination of death, the following exceptions are identified:
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Marked hypothermia (core body temperature below 90°F [32.2°C]
Severe depression of the central nervous system (CNS) after drug overdose with a CNS depressant, such as a barbiturate |
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Criteria for the diagnosis of brain death include the following:
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1. Cessation of breathing after artificial ventilation is discontinued
2. Cessation of heartbeat without external stimuli 3. Unresponsiveness to external stimuli 4. Complete absence of cephalic reflexes 5. Pupils fixed and dilated 6. Irreversible cessation of all functions of the brain |
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Today, healthcare workers confront many ethical issues that have arisen as a result of
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1. increased knowledge and technology
2. changing demographic patterns 3. consumer demands |
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______________are the culmination of heritage, culture, and one's family of origin, combined with life experiences. They evolve as life situations change. They may change when a person is faced with illness, injury, and possible death.
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Values
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provides a motivation for establishing, maintaining, and elevating professional standards. Each LP/VN, upon entering the profession, inherits the responsibility to adhere to the standards of ethical practice and conduct as set forth in this Code.
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Code of Ethics: National Federation of Licensed Practical Nurses
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UNOS
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The United Network of Organ Sharing
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An ethical principle that emphasizes doing what is best for the patient or can be defined as 'if the healthcare team makes the decision about treatment
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beneficence
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If the client makes the decision, it is termed
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autonomy
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was called “mercy killing.” It meant the deliberate taking of a person's life to put the individual out of misery. This definition has been amended to include the withdrawal or withholding of treatment.
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Euthanasia
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means denial of treatment or care because treatment has been deemed inappropriate, not enough of a particular treatment is available or the client or family has refused it.
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Withholding treatment
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The only time a person does not have the right to make the decision to refuse treatment is
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when the greater public interest would be in danger.
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Healthcare facilities have ethics committees made up of
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healthcare professionals, chaplains, social workers, and others.
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The chief functions of the ethics committee are
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education, policy-making, case review, and consultation
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______________must be obtained before treatment may be withheld or removed.
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A court order
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Clients are ________ ____________in their own healthcare.
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active participants
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In 1972, the American Hospital Association )adopted a _________________ which states the rights of hospitalized individuals
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A Patient's Bill of Rights,
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AHA
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American Hospital Association
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The nurse or physician also has the right to bring charges against a client for
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an unlawful act, such as a physical attack
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What standard of care is the vocational nursing student held to when providing care normally performed by a licensed vocational nurse?
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The student is held to the same standard as the licensed vocational nurse.
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What is the nurse's responsibility in obtaining informed consent?
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Confirm that the signed consent is in the chart prior to the procedure.
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Safeguards for the nurse and student nurse against litigation include:
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Follow accepted procedures.
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Privacy means that information is available to the client but not to the public. Information collected may be used to
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provide effective care,
develop treatment guidelines, determine ability to pay for care, bill third-party payers, and anonymously conduct research studies. |
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The American Hospital Association first adopted A Patient's Bill of Rights in ____, and revised it in ____.
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1972
1992 |
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_________________________________________________ is responsible for the NCLEX exams.
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The National Council of State Boards of Nursing
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NCSBN
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The National Council of State Boards of Nursing
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