Health Assessment Reviewer
Health Assessment Reviewer
(Finals)
Legal and Ethical Aspects in Nursing
Law
- Defined as the principles and regulations established in a community by
some authority and applicable to its people whether I the form of legislation
or of custom and policies recognized by judicial decision.
Types of Law
Contract Law – concerned with enforcement of agreements among
private individuals.
Civil Law - concerned with relationships among persons and the
protection of a person’s rights. Violation may cause harm to an individual
or property, but no gave thread to society exists.
Criminal Law – concerned with relationships between individuals and
governments, and with acts that threaten society and its order; a crime is
an offense against society that violates a law and it’s defined as
misdemeanor (less serious nature) or felony (serious nature).
Tort Law – a civil wrong, other than a beach in contract, in which the law
allows an injured person to seek damages from the person who caused
the injury.
Intentional Torts
- Torts actionable upon evidence of an intent to cause harm on another.
Assault
Battery
False Imprisonment
Invasion of Privacy
Fraud
Defamation
Assault
- Any intentional threat to bring about harmful or offensive contact with
another individual, no actual contact is necessary.
- Example: Threatening a patient to give an injection.
- Restrain a patient from an x-ray procedure when the patient has refused
consent.
Battery
- An intentional touching without consent, the contact is harmful to the
patient and causes an injury, or it is merely offensive to the patient’s dignity.
- Example: Giving an injection without the patient’s consent.
- A patient gives consent for left knee repair, but the surgeon performs right
knee surgery.
False Imprisonment
- Making a person stay in pace against is wishes is false imprisonment.
- Example: Restraining or confining a patient to a locked room without proper
consent could constitute false imprisonment.
Invasion of Privacy
- Is a direct wrong of a personal nature.
- It injures the feeling of a person and does not take into account the effect of
revealed information on the reputation of the person in the community.
- The right to privacy is the right of individuals to withhold themselves and
their lives from public scrutiny.
Fraud
- A willful and purposeful misrepresentation that could cause or cased harm
to a person or property.
- Example: Giving incorrect information to obtain a better position or job.
Defamation
- Is communication that is false, or made with a careless disregard for the
truth, results in injury to the reputation of a person.
Libel – is defamation by means print, writing or pictures.
Slander – is defamation by spoken word, stating unprivileged (not legally
protected) or false words by which a reputation is damaged.
Unintentional Torts
Negligence – is a failure to use reasonable care or doing of something
which a reasonably prudent person would not do.
Malpractice – is a legal cause of action that occurs when a medical or
health care professional deviates from standards in his or her profession.
Common Sources of Negligence and Malpractice
- Medication errors that result in injury to patient.
- Burns caused by equipment or spills of hot liquids.
- Falls in sponge, instrument, needle, count in surgery cases.
- Failure to give adequate report, notify physician, adequate monitoring the
patient.
Legal Safeguards for Nurses
- Informed consent is a patient’s agreement to allow something to happen,
such as surgery based on a full disclosure of risks, benefits alternatives and
consequences of refusal (Black, 1999).
Documentation
Executing Physician’s Order
Good Samaritan Law (HB 3474)
Patient Education
Concepts of Consent:
- Client’s questions about the surgery/procedure must be answered before
signing consent.
- Must be signed freely by the client without threat or pressure and must be
witnessed (witnesses must be an adult).
- Client’s medicated with sedating medications or any medications affecting
cognitive function should not sign a consent.
- Legally, the client must be mentally and emotionally competent to give
consent.
- Consent can be withdrawn anytime.
- Can be waived for urgent medical or surgical intervention as long as
institutional policy so indicates.
- Autopsies
- Termination of life-sustaining treatment
- Do not resuscitate / CPR (DNR/DNC) orders
Organ and Tissue Donation
Types: Live Donation and Cadaveric donation
Ethics
- The word ethics derived from the Greek term ethos, which means ‘customs`.
- Defined as a branch of philosophy that involves systematizing, defending,
and recommending concepts of right and wrong conduct, often addressing
disputes of moral diversity (Wikipedia).
Ethical Principles
Autonomy
Beneficence
Nonmaleficence
Fidelity
Justice
Veracity
Autonomy
- It involves the right of self-determination or choice, independence, and
freedom.
- Example: The purpose of the preoperative consent is to assure in writing
that the health care team respects the patient’s independence by obtaining
permission to proceed.
Beneficence
- This principle promotes taking positive, active steps to help others.
- Example: A child immunization causes discomfort during administration but
the benefits of protection from disease both individual and for society,
outweigh the temporary discomforts.
Nonmaleficence
- It refers to the fundamental agreement to do no harm.
- Example: While catching a client who is falling, the nurse grips the client
tightly enough to cause bruises to the client’s arm.
Fidelity
- It refers to the agreement to keep promises, commitments, responsibilities
that one has made oneself and others.
- Example: if you assess a patient for pain and then offer a plan to manage it,
this principle encourages you to do your best to keep the promise to improve
the patient’s comfort
Justice
- It refers principle of fairness
- It implies equal treatment of all clients.
- Example: A national multidisciplinary committee strives for fairness by
ranking recipients according to need, rather than resorting to selling organs.
Veracity
- Placebo: A placebo is a substance or treatment which is designed to have no
therapeutic value. Common placebos include inert tablets, inert injections,
sham surgery, and other procedures.
Code of Ethics
- Code of ethics is defined as `a specific set of professional behaviors and
values the professional interpreter must know and abide by including
confidentiality, accuracy, privacy, integrity.
Ethical Rights
- Based on an ethical principle and are often privileges allotted to individuals.
Ethical Dilemma
- A situation in which a choice must be made between two equally
undesirable actions.
Bill of Rights
- These rights can be exercised on the patient’s behalf by a designated
surrogate or proxy decision maker if the patient lacks decision-making
capacity, is legally incompetent, or is a minor.
The patient has the right to be considerate and receive respectful care.
The patient has the right to and is encouraged to obtain from physicians
and other direct caregivers relevant, current, and understandable
information concerning diagnosis, treatment, and prognosis.
- Except in emergencies when the patient lacks decision making capacity and
the need for treatment is urgent, the patient is entitled to the opportunity to
discuss and request information related to the specific procedures and/or
treatments, the risks involved, the possible length of recuperation, and the
medically reasonable alternatives and their accompanying risks and benefits.
- Patients have the right to know the identity of physicians, nurses, and others
involved in their care, as well as when those involved are students, residents,
or other trainees. The patient also has the right to know the immediate and
long-term financial implications of treatment choices, insofar as they are
known.
The patient has the right to make decisions about the plan of care prior
to and during the course of treatment and to refuse a recommended
treatment or plan of care to the extent permitted by law and hospital
policy and to be informed of the medical consequences of this action.
- In case of such refusal, the patient is entitled to other appropriate care and
services that the hospital provides or transfers to another hospital. The
hospital should notify patients of any policy that might affect patient choice
within the institution.
The patient has the right to have an advance directive (such as a living
will, health care proxy, or durable power of attorney for health care)
concerning treatment or designating a surrogate decision maker with the
expectation that the hospital will honor the intent of that directive to
the extent permitted by law and hospital policy.
- Health care institutions must advise patients of their rights under state law
and hospital policy to make informed medical choices, ask if the patient has
an advance directive, and include that information in patient records. The
patient has the right to timely information about hospital policy that may
limit its ability to implement fully a legally valid advance directive.
The patient has the right to make decisions about the plan of care prior
to and during the course of treatment and to refuse a recommended
treatment or plan of care to the extent permitted by law and hospital
policy and to be informed of the medical consequences of this action.
- The patient has the right to expect that the hospital will emphasize the
confidentiality of this information when it releases it to any other parties
entitled to review information in these records.
The patient has the right to review the records pertaining to his/her
medical care and to have the information explained or interpreted as
necessary, except when restricted by law.
The patient has the right to expect that, within its capacity and policies,
a hospital will make a reasonable response to the request of a patient for
appropriate and medically indicated care and services.
- The hospital must provide evaluation, service, and/or referral as indicated by
the urgency of the case. When medically appropriate and legally permissible,
or when a patient has so requested, a patient may be transferred to another
facility. The institution to which the patient is to be transferred must first have
accepted the patient for transfer. The patient must also have the benefit of
complete information and explanation concerning the need for, risks,
benefits, and alternatives to such a transfer.
The patient has the right to ask and be informed of the existence of
business relationships among the hospital, educational institutions,
other health care providers, or payers that may influence the patient's
treatment and care.
The patient has the right to expect reasonable continuity of care when
appropriate and to be informed by physicians and other caregivers of
available and realistic patient care options when hospital care is no
longer appropriate.
The patient has the right to make decisions about the plan of care prior
to and during the course of treatment and to refuse a recommended
treatment or plan of care to the extent permitted by law and hospital
policy and to be informed of the medical consequences of this action.
- The patient has the right to be informed of the hospital’s charges for
services and available payment methods.
Conclusion
Hospitals have many functions to perform, including the enhancement of
health status, health promotion, and the prevention and treatment of injury
and disease; the immediate and ongoing care and rehabilitation of patients;
the education of health professionals, patients, and the community; and
research. All these activities must be conducted with an overriding concern
for the values and dignity of patients.
- And at the very core of nursing practice is the act of caring. Caring and
nursing are so intertwined that nursing would not be nursing without the act
of caring. Caring is “a feeling and exhibiting concern and empathy for
others, showing or having compassion” (The Free Dictionary, 2015). Caring is
a feeling that also requires action. The American Association of Colleges of
Nursing (2008) and the National League for Nursing (2007) have identified
caring as a foundational value for nursing.
Are You Going to be a Caring Nurse?
- In a study done by Rhodes, Morris, Lazenby (2011), over two-thirds of
subjects expressed caring as an essential Nursing characteristic. Many
described caring as “essential,” “the most important trait,” “central to
nursing,” or “critical to the role.” A caring nurse can cause patients “not to be
scared,” Others indicated that caring separated nursing from other
professions and is essential for providing holistic care. Other comments
included “without caring…not a nurse” and “even if no one else cares, nurses
do.”
Charting
Permanent Record
- Written in chronological order
- Filed in medical records dept for future use/reference.
Sharing Information
- Facilitates exchange of information between staff.
- Prevents duplication errors (Meds, dressing change, activity, diets, etc.)
Patient Confidentiality
- Never leave chart in a public place.
- Discuss contents only with persons directly involved in the patient’s care or
those that are authorized by the patient. These people should be listed by
name.
- Ask for id prior.
- Do not discuss pt or pt info in public places. (Example: Elevators, cafeteria)
Quality Assurance
- A peer review process conducted by a staff nurse and physician.
- Establishes and reflects agency standards.
Accreditation
- JCAHO (Joint Commission on Accreditation of Health Organization)/DSHS
STATE (Extended Care)
- Sets minimum standards for staffing.
- The American nurses association sets the standards for pt care &
documentation for nurse’s
Reimbursement
- Lack of documentation may result in denial of payments from Medicare and
private insurance companies. This puts the burden of payment on the
patient.
Research
- Data on treatments, meds, and therapy
- Info for tumor boards, doctor’s rounds, nursing rounds, etc.
- Be aware of privacy issues
- Nurses, student nurses use for care plans.
Legal Evidence
- Records are considered legal or potential legal documents
- May be subpoenaed as evidence by attorney or nursing boards. Check for
deviations from facility policy or standards.
- Each health care provider is responsible for the ABC’s of recording.
Accuracy, brief, complete.
Access to Charts
Patient’s rights
Who owns chart
Agency policy
Source oriented
- Most traditional
- Different disciplines chart on separate forms.
- Each reader must consult various parts of the record to get a complete
picture.
- Records become bulky.
Problem Oriented
- Commonly referred to as por.
- Organized according to problem.
- Four parts:
a. Data base - the patients present health status.
b. Problem list - numbered list of health problems.
c. Initial plan - plan to help overcome health problems.
d. Progress notes - all disciplines chart on same page
Narrative
- Chronological
- Baseline charted qshift
- Lengthy, time-consuming
- Separate pages for each
- Source-oriented
SOAP
- Used for problem-oriented charts
Focus Charting
- Uses narrative documentation (DAR)
Pie Charting
- Similar to SOAP charting
- Both are problem-oriented
- PIE comes from the Nursing Process, SOAP comes from a Medical Model.
P-Problem
I-Intervention
E-Evaluation
Charting By Exception
- Uses flowsheets.
- Emphasis on abnormal (what is abnormal for this patient.
- Although it may be abnormal for the “normal” person, if it is abnormal for
your patient on a consistent basis, it is no longer considered an “exception”.
- Advantage
Computerized Charting
- Password. Never share. Change frequently.
- Legible
- Can be voice-activated, touch-activated.
- Date and time automatically recorded.
- Abbreviations and terms are selected by a menu provided by the facility.
- Terminals are usually easily accessible, in pt rooms, convenient hallway
locations.
- Make sure terminals cannot be viewed by unauthorized persons.
Kardex
- Quick reference
- Changed as needed
- Not part of permanent record
Abbreviations
- You must use your facility’s approved abbreviations.
- Be aware that a lot of commonly used abbreviations
- Example: TID, BID, QOD, HS are no longer allowed and should be currently
being phased out of your facility.
Incident Reports
- Objective
- Do not blame or admit liability
- What did you do?
- Do not include names/addresses of witnesses
- Document time/name of doctor
- Do not file in chart
- Do not write “incident report made”
Correcting Errors
- If you spill something on the chart, do not discard notes. Recopy, put
original and copied sheets in chart. Write “copied” on copy.
- Do not scribble out charting.
- Avoid using “error” or “wrong patient” when making correction.
- Follow your facilities policy.
- Do not alter charting, it is a legal document.
Team-based care
- Of a learning health system.
- It stresses interdependence, efficient care coordination, and a culture that
encourages parity among all team members (IOM, 2001, 2007).
- Teamwork should be reinforced at all levels, from leadership to the unit
level, and individual patients should understand that they are working with a
team
Health Care
- An increasingly diverse field where many specialties interact to provide
patient care.
Nursing
- Is an honorable profession, and nurses are the heart and soul of the
healthcare system.
- Nurses are on the frontlines of administering and evaluating treatment
- Nurses are the patient’s greatest advocates. Because they spend more time,
nurses can comprehensively moderate the patient’s progress.
The Anesthesiologist
- Is a doctor (MD or DO)
- Who practices anesthesia.
- Anesthesiologists are physicians specializing in perioperative care,
developing anesthetic plans, and the administration of anesthetics.
- He or she has finished college, then medical school (four years), then an
internship (one year) followed by a residency in anesthesia (three years).
- Some anesthesiologists pursue additional years of training (a fellowship).
- Anesthesiologists help ensure the safety of patients undergoing surgery.
- The anesthesiologist provides care for the patient to prevent the pain and
distress they would otherwise experience.
- The future of health care lies in successful collaboration among all of these
disciplines. It is essential for medical and other health professional students
to learn how to work with other clinicians in hospitals and other practice
sites. Each of these professionals brings a unique skill set and viewpoint to
the management of patient care. An environment of mutual respect and trust
among health care providers will promote excellent care and improve patient
outcomes.
Validating, Documenting and Reporting Data
Validating Data
- is the process of confirming or verifying that the subjective and objective
data you have collected is reliable and accurate.
Steps of Validation
Deciding whether the data requires validation.
Determining ways to validate the data.
Identifying areas for which data are missing.
Methods of Validation
- Recheck your own data through a repeat assessment.
- Clarify data with the client by asking additional questions.
- Verify the data with another health care professional.
- Compare your objective findings with your subjective findings to uncover
discrepancies.
Documentation as Communication
- Is defined as written evidence of:
The interactions between and among health professionals, clients, their
families, and health care organizations
The administration of tests, procedures, treatments, and client
education
The results or client’s response to these diagnostic tests and
interventions
- Nurses rely on charting, records, and systems that support the
implementation of the nursing process.
- Systematic documentation is critical to presenting the care administered by
nurses in a logical fashion.
- Critical thinking skills, judgments, and evaluation must be clearly
communicated through proper documentation.
- Recording provides written evidence of what was done for the client, the
client’s response, and any revisions made in the care plan.
- Recording documents compliance with professional practice standards and
accreditation criteria.
- Written records are a resource for review, audit, reimbursement, and
research.
- Documentation provides a written legal record to protect the client,
institution, and practitioner.
Education
- Health care students use medical records as a tool to learn about disease
processes, diagnoses, complications, and interventions.
- Clinical rounds and case conferences rely heavily on information contained
in the medical record.
Research
- Researchers rely heavily on medical records as a source of clinical data.
- Documentation can validate the need for research.
Legibility
- Print if necessary.
- Do not erase or obliterate writing.
- Draw one line through an erroneous entry.
- State the reason for the error.
- Sign and date the correction.
- If you spill something on the chart, do not discard notes. Recopy, put
original and copied sheets in chart. Write “copied” on copy.
- Do not alter charting. It is a legal document.
Abbreviations and Symbols
- Always refer to the facility’s approved listing.
- Avoid abbreviations that can be misunderstood.
Organization
- Start every entry with the date and time.
- Chart in chronological order.
- Chart in a timely fashion to avoid omissions.
- Chart medications immediately after administration.
- Sign your name after each entry.
Accuracy
- Use factual, descriptive terms to chart exactly what was observed or done.
- Use correct spelling and grammar.
- Write complete sentences.
- Maintain continuity of care by recording with respect to notes made on
previous shifts.
Confidentiality
- The nurse is responsible for protecting the privacy and confidentiality of
client interactions, assessments, and care.
- The client’s significant others, insurance companies, or other parties not
directly involved in care provided by the health team may not have access to
clients’ records.
Methods of Documentation
Narrative Charting
Source-Oriented Charting
Problem-Oriented Charting
PIE Charting
Focus Charting
Charting by Exception (CBE)
Computerized Documentation
Case Management with Critical Paths
Narrative Charting
- Describes the client’s status, interventions and treatments, response to
treatments in story format.
- Now being replaced by other formats.
- Chronological
- Baseline charted Qshift
- Lengthy, time-consuming
- Source-oriented
Source-Oriented Charting
- Narrative recording by each member (source) of the health care team on
separate records.
Program instruction
- Is a method of presenting new subject matters to students in a graded
sequence of controlled steps through a programmed material
Nursing Assessment
- Includes gathering information concerning the patient’s individual
physiological, psychological, sociological, and spiritual needs.
- It is the first step in the successful evaluation of a patient. Subjective and
objective data collection are an integral part of this process.
Teaching techniques
- Are the methodology and skills of an educator is using in the class.
Devices
- Are the equipment used while teaching.
- Examples: books, smart-board, tablets, computer, projector, or any device
that aids teaching
Simulation
- Is a term that refers to an artificial representative of a real-world process to
achieve educational goals through an experiential learning
Fidelity
- Is the accuracy of the model or simulation when compared to the real
world.
Levels of Fidelity
Low Fidelity Simulation
- The simulations in this category will feel the least real to the learner. These
can include static models and two-dimensional displays. Goal: Increase
knowledge
Types of Fidelity
Conceptual fidelity
- Ensures that the scenario makes sense. Is the lab work or medications
consistent with the signs and symptoms the patients are exhibiting? Subject
matter experts should be used to review sceneries to maximize conceptual
fidelity (Rudolph et al., 2007; Dieckmann et al., 2007).
Physical fidelity
- The degree to which the simulator duplicates the appearance and feel of the
real system (Alexander, Bruny©, Sidman, & Weil, 2005).
Emotional or Psychological fidelity
- Is the extent to which a simulation can duplicate or capture the real task by
using a simulated task and make the student feel as if it is real (Munshi,
Lababidi, & Alyousef, 2016).