Chapter 2: Ethical and Legal Issues

Vocabulary flashcards defining key legal and ethical concepts, laws, abuse categories, and professional standards in long-term health care.

abuse

Purposeful or willful mistreatment 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 they are unable to make those decisions themselves.

assault

A threat to harm a person, resulting in the person feeling fearful that they will be harmed.

battery

The intentional touching of a person without their consent.

civil law

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 they become unable to do so.

electronic health record (EHR)

The electronic form of a 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

Involuntary discharge from a facility.

exploitation

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

false imprisonment

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 caused 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

A document that states the medical care a person wants, or does not want, in case they become 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 the 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 treatment or exploitation of a resident.

NATCEP

Abbreviation for Nurse Aide 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

A 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 any health care the person has had, and payment for that health care.

psychological abuse

Emotional harm caused by threatening, frightening, isolating, intimidating, humiliating, or insulting a person.

Resident Council

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

Residents' Rights

Rights identified in the Omnibus Budget Reconciliation Act (OBRA) that relate to how 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 state or federal law.

sexual abuse

Nonconsensual sexual contact of any type.

sexual harassment

Any unwelcome sexual advance or behavior that creates an intimidating, hostile, or offensive working environment.

slander

Defamation in oral form.

substance abuse

The 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.