Chapter 2: Ethical and Legal Issues

Nursing Assisting: A Foundation in Caregiving - 6th Edition

Abuse

Willful mistreatment causing harm

Advance Directives

Legal documents stating medical care wishes

Assault

Threat of harm causing fear

Battery

Intentional touching without consent

Civil Law

Law between individuals

Criminal Law

Law involving crimes against society

Defamation

False statements that harm reputation (written or oral)

DNI (Do Not Intubate)

Order not to place a breathing tube

DNR (Do Not Resuscitate)

Order not to perform CPR

Domestic Violence

Abuse by a spouse or family member

Durable Power of Attorney for Health Care

Legal document naming someone to make medical decisions

Electronic Health Record (EHR)

Electronic record of health information

Ethics

Knowledge of right and wrong

Etiquette

Proper behavior and courtesy

Eviction

Forced removal from a facility

Exploitation

Taking advantage of someone for personal gain

False Imprisonment

Unlawful restraint of a person that affects freedom of movement

Financial Abuse

Illegal or improper use of someone’s money

Health Insurance Portability and Accountability Act (HIPAA)

Law protecting patient privacy

Intimate Partner Violence (IPV)

Abuse by a partner or spouse

Invasion of Privacy

Violation of personal information or space

Involuntary Seclusion

Separating a person against their will

Laws

Government rules that protect the public

Libel

Written defamation

Living Will

Document stating desired medical care

Malpractice

Professional misconduct causing harm

Mandated Reporters

People required to report abuse or neglect

Misappropriation

Improper use of someone’s belongings or money

Mistreatment

Inappropriate treatment or exploitation

NATCEP

Federal program that sets minimum requirements for training and testing nursing assistants

Neglect

Failure to provide necessary care resulting in physical, mental, or emotional harm

Negligence

Failure to act with proper care resulting in unintentional injury

Omnibus Budget Reconciliation Act (OBRA)

Federal law setting standards minimum standards for long term care

Ombudsman

Advocate for long-term care residents

Physical Abuse

Harm or injury to the body, intentional or not

Protected Health Information (PHI)

Health information used to identify a person and relatives to the patient’s condition

Psychological Abuse

Emotional harm through threats or intimidation

Resident Council

Group of residents discussing facility issues

Residents’ Rights

Legal rights that protect how residents are treated in long-term care

Scope of Practice

Tasks a healthcare worker is legally allowed to do

Sexual Abuse

Any nonconsensual sexual contact

Sexual Harassment

Unwelcome sexual behavior that creates a hostile work environment

Slander

False spoken statements that harm a person’s reputation

Substance Abuse

Repeated harmful use of drugs or alcohol

Verbal Abuse

Use of words or gestures to threaten or insult someone

Workplace Violence

Abuse of staff by coworkers, residents, or visitors