Chapter 2 Ethical and Legal Issues

Abuse

Purposeful or willful that causes physical, mental, emotional or financial pain or injury to a person

advance directives

legal documents that allow people to decide what kind of medical care they wish to have in the event that they are unable to make those decisions themselves

assault

threat to harm a person, resulting in the person feeling fearful that he will be harmed

battery

the intentional touching of a person without their consent

civil war

private law; law between individuals

criminal law

public law; law related to committing a crime against the community

defamation

any untrue statement (written or oral) that harms a person’s reputation and/or damages the person’s ability to make a living

DNI

abbreviation for do not intubate; a medical order that tells medical professionals not to place a breathing tube in a person

DNR

abbreviation for do not resuscitate; a medical order that tells medical professionals not to perform CPR in the event of cardiac or respiratory arrest

domestic violence

physical, sexual, or emotional abuse by spouses, intimate partners, or family members

durable power of attorney for health care

a legal document that appoints someone to make the medical decisions for a person in the event he becomes unable to do so

electronic health record (EHR)

the electronic form of resident’s personal and health data that is used to manage and coordinate a resident’s health care

ethics

the knowledge of right and wrong; standards of conduct

etiquette

the code of proper behavior and courtesy in a certain setting

eviction

voluntary discharge from a facility

expoliotation

the act of taking advantage of a person for personal gain through threats or manipulation

false impersonment

unlawful restraint that affects a person’s freedom of movement; includes both the threat of being physically restrained and actually being physically restrained

financial abuse

improper or illegal use of a person’s money, possessions, property, or other assets

HIPAA

abbreviation for health insurance portability and accountability act; a federal law that sets standards for protecting the privacy of patients health information

intimate partner violence (IPV)

physical, sexual, or emotional harm cause by a partner or spouse

invasion of privacy

the violation of the right to be left alone and the right to control personal information

involuntary seclusion

the separation of a person from others against the person’s will

laws

rules set by the government to help protect the public

libel

defamation in written form

living will

document that states the medical care a person wants, or does not want, in case she becomes unable to make those decisions

malpractice

professional misconduct that results in damage or injury to a person

mandated reporters

people who are required to report suspected or observed abuse or neglect due to their regular contact with vulnerable populations, such as elderly in long-term care facilities

misappropriation

the deliberate misplacement, exploitation, or improper use of a person’s belongings or money without the person’s consent

mistreatment

the inappropriate exploitation of a resident

NATCEP

abbreviation for nurse aid training and competency evaluation program, part of the omnibus budget reconciliation act (OBRA) that sets minimum requirements for training and testing nursing assistants

neglect

the failure to provide necessary care or services, resulting in physical, mental, or emotional harm to a person

negligence

actions, or the failure to act or provide proper care for a person resulting in unintended injury

OBRA

abbreviation for omnibus budget reconciliation act; a law passed by the federal government that includes minimum standards for nursing assistant training, staffing requirements, resident assessment instructions, and information on rights for residents

ombudsman

legal advocate (person who publicly supports a certain cause) for residents in long-term care facilities

physical abuse

any treatment, intentional or not, that causes harm or injury to a person’s body

protected health information (PHI)

information that can be used to identify a person and relates to the patient’s condition, including health care the person has had, and payment for that health care

psychological abuse

emotional harm cause by threatening, frightening, isolating, intimidating, humiliating, or insulting a personr

resident council

a group of residents who meet regularly to discuss issues related to the long-term care facility

resident’s rights

rights identified in the omnibus budget reconciliation act (OBRA) that relate to how long residents must be treated while living in a long-term care facility; they provide an ethical code of conduct for healthcare workers

scope of practice

the tasks that healthcare providers are legally permitted to perform according to the state or federal law

sexual abuse

non consensual sexual contact of any kind

sexual harassment

any unwelcome sexual advance or behavior that creates an intimidating, hostile, or offensive working environments

slander

defamation in oral form

substance abuse

repeated use of legal or illegal substances in a way that is harmful to oneself or others

verbal abuse

the use of language, pictures, or gestures that threaten, embarrass, or insult a person

workplace violence

verbal, physical, or sexual abuse of staff by other staff members, residents, or visitors