Nclexrn Flashcards: Legal And Ethical Practice And Confidentiality

What this deck covers

This deck focuses on Legal And Ethical Practice And Confidentiality, giving you a quick way to review the definitions, rules, and examples that matter most for Nclexrn.

How to use these flashcards

Work through these flashcards in short sessions. Try to answer each prompt before flipping the card, then revisit any cards you miss until the explanation feels automatic.

Flashcard 1: What four elements must be proven to establish nursing malpractice (professional negligence)?

Answer: Duty, breach, causation, damages. These elements form the foundation of proving malpractice, requiring evidence of obligation, violation, direct cause, and resulting injury.

Flashcard 2: Under HIPAA, what is the "minimum necessary" standard?

Answer: Use or disclose only the least PHI needed for the purpose. This HIPAA rule limits information sharing to essential details, protecting patient privacy while allowing necessary access.

Flashcard 3: What is the ethical principle of avoiding harm to the patient?

Answer: Nonmaleficence. This principle obligates nurses to prevent or minimize harm, forming the basis for safe practice and risk assessment.

Flashcard 4: What ethical principle requires truth-telling to the patient?

Answer: Veracity. This principle mandates honest communication, building trust and enabling informed patient decisions.

Flashcard 5: What is the key legal distinction between an advance directive and a DNR order?

Answer: Advance directive is patient-made; DNR is a provider order. Advance directives express patient wishes directly, while DNR orders are medical directives issued by providers based on those wishes or assessments.

Flashcard 6: What is the legal term for putting a patient in fear of harmful or offensive contact?

Answer: Assault. This intentional tort involves creating a reasonable apprehension of imminent harmful contact, even without physical touch.

Flashcard 7: What ethical principle requires fair and equal treatment and resource allocation?

Answer: Justice. This principle ensures equitable distribution of care and resources, preventing discrimination in healthcare delivery.

Flashcard 8: Identify the priority: You suspect a colleague is diverting opioids; what is the nurse's duty?

Answer: Report through the chain of command per policy. Reporting via protocol ensures patient safety, legal compliance, and addresses potential impairment or illegal activity.

Flashcard 9: Identify the action: A patient refuses a blood transfusion; what must the nurse do first?

Answer: Notify the provider and document the refusal. Immediate notification and documentation protect patient rights and ensure legal safeguards against claims of abandonment or negligence.

Flashcard 10: Which document names a surrogate to make health care decisions if the patient lacks capacity?

Answer: Durable power of attorney for health care. This legal instrument appoints a proxy to act on behalf of an incapacitated patient, ensuring decisions align with their preferences.

Flashcard 11: What is the ethical principle of doing good and promoting the patient's welfare?

Answer: Beneficence. This principle guides nurses to actively promote positive outcomes and well-being in patient care decisions.

Flashcard 12: What is the legal term for confining or restraining a competent patient without legal justification?

Answer: False imprisonment. This tort violates patient rights by unlawfully restricting freedom of movement, often through restraints or threats.

Flashcard 13: What is the nurse's role when a patient signs an informed consent form?

Answer: Witness signature and assess voluntariness and capacity. Nurses verify that the patient signs willingly and has the mental capacity, ensuring legal and ethical compliance.

Flashcard 14: Identify the priority action: A competent patient wants to leave AMA; what should the nurse do?

Answer: Notify provider, explain risks, document, and have AMA form signed. These steps respect autonomy while ensuring informed decision-making, legal protection, and documentation of risks.

Flashcard 15: What is implied consent in nursing care?

Answer: Consent inferred from patient actions in noninvasive care. It assumes agreement based on voluntary participation in routine, low-risk procedures without explicit verbal or written permission.

Flashcard 16: What is the best definition of confidentiality in nursing practice?

Answer: Safeguarding patient information from unauthorized disclosure. Confidentiality upholds patient trust and privacy rights by preventing breaches that could lead to harm or discrimination.

Flashcard 17: Identify the required action: You receive a subpoena for a patient record; what should you do first?

Answer: Notify the facility legal/risk department and follow policy. Involving legal or risk management ensures compliance with laws and protects against unauthorized release of information.

Flashcard 18: Which disclosure is allowed without patient authorization for routine care coordination?

Answer: Disclosure for treatment, payment, and health care operations. HIPAA permits these disclosures as essential for care continuity, billing, and operational efficiency without needing explicit consent.

Flashcard 19: What is the legal term for intentional touching of a patient without consent?

Answer: Battery. This intentional tort occurs when physical contact is made without permission, violating patient autonomy and rights.

Flashcard 20: What is the ethical principle supporting a competent patient's right to accept or refuse care?

Answer: Autonomy. This principle respects the patient's right to make independent choices, central to ethical nursing practice.

Flashcard 21: Which finding triggers mandatory reporting by the nurse in most jurisdictions?

Answer: Suspected child abuse or neglect. Laws require reporting to protect vulnerable populations, overriding confidentiality to prevent further harm.

Flashcard 22: What is the legal term for failing to act as a reasonably prudent nurse would in similar circumstances?

Answer: Negligence. This term applies when a nurse's failure to meet the standard of care results in potential harm, breaching professional duty.

Flashcard 23: What ethical principle requires keeping promises and honoring commitments to patients?

Answer: Fidelity. This principle emphasizes reliability in maintaining therapeutic relationships and fulfilling professional obligations.

Flashcard 24: What is the primary purpose of informed consent in health care?

Answer: To protect the patient's right to self-determination. Informed consent ensures patients are fully aware of risks, benefits, and alternatives, upholding autonomy in decision-making.

Flashcard 25: Which provider is primarily responsible for obtaining informed consent for a procedure?

Answer: The provider performing the procedure. The responsible provider must explain the procedure, risks, and alternatives to ensure the patient's understanding and voluntary agreement.