CDM overview Flashcards

(58 cards)

1
Q

what are the two forms of consent?

A
  1. a waiver by the patient of what would be otherwise be wrongful.
  2. legitimises some action based on background norms (marriage, authority of law)
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2
Q

importance of consent?

A

against the idea of being directly by others, especially in ethics, that we eventually get the current legal notion of consent

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3
Q

what are the 3 law, ethics and profession distinct elements?

A
  1. all normative they all state what one ought to do, how someone should professionally be
  2. profession is restricted in scope to how one should be and what one should do as a nurse in the UK.
  3. law is restricted to whatever territory it covers (eg england).
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4
Q

professionalism - what does it mean?

A

autonomous evidence-based decision making by members who also share the same values.

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5
Q

NMC: professional standards

A
  • respect rights to refuse treatment
  • receiving properly informed consent
  • following laws on mental capacity, following best interests in decision making when lacking capacity
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6
Q

two types of moral autonomy?

A
  1. kant: self-imposition of the moral law = autonomy - shows freedom & respect
  2. Mill: Autonomy = intrinsic value, an essential part of well-being -
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7
Q

what is moral autonomy?

A

a capacity to impose the moral law on oneself, not a freedom to do anything but is to be bound y the moral law.

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8
Q

what is personal autonomy?

A

trait individuals have that is not restricted to morality.
- autonomy is the independence of one’s desires that motivates one to action

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9
Q

what is freedom autonomy?

A

freedom to act without external constraints

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10
Q

values of autonomy?

A
  1. free to govern oneself (freedom)
  2. pre-suppose most adults are autonomous, being responsible for actions
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11
Q

how must consent be given?

A
  • implied
  • orally
  • in writing
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12
Q

legal process of consent?

A

replacing the assumption healthcare professionals know best and will always act in the patients best interests.
- informed
- voluntary
- capacity/competent

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13
Q

capacity?

A

the ability to use and understand information to make decisions and communicate any decision made.

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14
Q

someone lacks capacity?

A

someone’s mind is impaired or disturbed in some way, meaning they are unable to make a decision at that time.

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15
Q

mental capacity act 2005

A

framework that provides support for decisions on behalf of people who are ages 16 or over if they lack capacity themselves.

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16
Q

lasting power of attorney

A

person who can make financial and healthcare decisions on behalf of a person who lacks capacity

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17
Q

mental health act 1983/2007

A
  • people can be treated without their consent
  • community treatment orders allow for this in the community
  • ECT cannot be given if a patient has capacity and refuses
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18
Q

what are rights?

A

rights are entitlements to something or to not have things done.
- meant to have very string normative force

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19
Q

human rights?

A

contra arguments against rights talk: embody a move positive picture of rights
- standards for minimally acceptable/expected treatment for people
- liberty and equality to the force.

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20
Q

human rights - general ideas

A
  • universal
  • inalienable: or at least are very strong
  • ground: is somehow objective in nature/god given/moral/political
  • human rights are basic and important
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21
Q

what are the grounds for human rights?

A
  1. given
  2. agreed upon
  3. fought for
  4. talked about
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22
Q

nursing and human rights act 1998

A
  • HR are legally enforceable: not just the HR act but many international human rights treatise
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23
Q

meaning of being right to be free from inhuman and degrading treatment?

A
  • rarely deliberate in healthcare
  • usually due to neglect
  • requires immediate action by the organisation
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24
Q

equality act 2010

A
  • removing or minimising disadvantage suffered by people due to their protected characteristics
25
protected characteristics...
- against the law to discriminate against them: - age - gender reassignment - being married or in a civil partnership - being pregnant or on maternity leave - disability - race including colour, nationality, ethnic or national origin - religion or belief - sex - sexual orientation
26
Duty and standard of care: negligence is a legal term...
- duty of care - breach the duty of care (standards not met)
27
duty of care as a nurse?
the legal duty of care applies to all in england. No matter what role your in - must be a relationship between the person who owes the duty and the person owed the duty.
28
duty of care: professionalism
NMC calins looking after yourself will shape what the public think about nursing and gain trust and confidence
29
social action, responsibility and heroism act (2015).
the act above protects people volunteering to help from legal action.
30
refusal of prescription orders and refusal to care
Refusal of prescription orders: can be done for good reasons but communication necessary Refusal to care is almost always not appropriate especially when not due to competency or safety concerns
31
duty of confidentiality...
1. duty of care 2. contract of employment 3. duty to keep information passed on in confidence 4. professional requirement by the NMC
32
Confidentiality and the professional patient relationship
- develops trust with nurse patient relationship. - confidentiality is not secrecy - trust is essential for healthcare institutions to function effectively
33
confidentiality in law?
common law requires there to be a lawful basis for the use or disclosure of personal information that is held in confidence.
34
GDPR principles requires data to what?
- processed lawfully, fairly and in a transparent manner - collected for specified, explicit and legitimate purposes - adequate and relevant - accurate and up to date - processed in a manner that ensures integrity and confidentiality
35
confidentiality with law: Caldicott principle.
8 principles to ensure peoples information is kept confidential and used appropriately
36
what are the 8 Caldicott principles
1. Justify the purpose(s) for using confidential information 2. Use confidential information only when it is necessary 3. Use the minimum necessary confidential information 4. Access to confidential information should be on a strict need-to-know basis 5. Everyone with access to confidential information should be aware of their responsibilities 6. Comply with the law 7. The duty to share information for individual care is as important as the duty to protect patient confidentiality 8. Inform patients and service users about how their confidential information is used
37
confidentiality (data protection act 2018)
controls how your personal information is used by organisations, businesses or the government
38
confidentiality (freedom of information act 2000)
rights of access of information held by public authorities
38
39
key motto of confidentiality
need to know basis
40
what is a case-control study
- select subjects based on the disease status (yes/no) - have the disease (cases) or not (controls) - compare groups to determine how many in each group had the exposure
41
pros of case-control study
- inexpensive and fast - select cases from disease registries or records - great for rare diseases - study multiple exposures to one disease
42
cons to case-control study
- appropriate control group is hard to find - potential for high recall bias - weak in establishing temporality
43
what is a cohort study?
- subject selection based on exposure - follow people prospectively until disease occurs or the study ends (temporality) - compare disease incidence between exposed and unexposed
44
what is a longitudinal cohort study
- data is gathered for same subject repeatedly over a period - it can extend over years or even decades - same individuals are observed over the study period
45
pros of a cohort study?
- temporal sequence - useful when studying rare exposures - you can study multiple disease outcomes - can directly compute disease risk
46
cons of a cohort study?
- expensive due to follow ups - tacking subjects is challenging (dropping out) - potential for loss to follow up - drop outs bringing in selection bias
47
what is an RCT
- considered 'gold standard' - research manipulates exposure - treatment group, control group, placebo - establish temporal relationships
48
pros of RCT
- reduced confounding (randomization) - reduce bias by blinding - temporal sequence - strongest evidence of a direct effect
49
what is the methodology that is included for RCT?
1. blinding: single/double/triple 2. randomization: random assignment of subjects to group. 3. use of placebo
50
cons for RCT
- not as much control over outside forces - possibility for non-compliance with assigned treatment - loss to follow up - expensive design and long to follow
51
what is meant by a pre and post test?
assessing an individuals knowledge of a topic prior to treatment/assessment and then reassessing afterwards to see if there has been improvements
52
what is phenomenology?
- seeks to gain insight into experience of individuals - persons reality is defined by their interpretation of their world. - enables participants to describe and explain their lived experience.
53
what is meant by descriptive phenomenology?
no requirement to have prior knowledge of a situation
54
what is meant by interpretive phenomenology?
can be based in existing knowledge of a situation
55
what is meant by ethnography?
- usually focuses on groups - origins in anthropology - explores the world in which individuals or groups come together - used to understand aspects of cultures and communities.
56
what does an ethnography use to understand aspects of communities and cultures?
1. accepted behaviours 2. expectations about behaviours 3. social traditions 4. systems of communication or symbol representing the group
57