Chapter 2: Ethical and Legal Issues

A comprehensive set of vocabulary flashcards covering key ethical and legal terms for healthcare and long-term care settings.

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 medical care they want if they become unable to make those decisions themselves.

Assault

A threat to harm a person that makes the person fear being harmed.

Battery

The intentional touching of a person without the person’s consent.

Civil Law

Private law that governs disputes between individuals.

Criminal Law

Public law related to committing crimes against the community.

Defamation

Any untrue statement (written or oral) that harms a person’s reputation or ability to make a living.

DNI (Do Not Intubate)

A medical order telling professionals not to place a breathing tube in the person.

DNR (Do Not Resuscitate)

A medical order telling professionals not to perform CPR if cardiac or respiratory arrest occurs.

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 medical decisions for a person who becomes unable to do so.

Electronic Health Record (EHR)

The electronic form of a resident’s personal and health data used to manage and coordinate 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 of a resident from a facility.

Exploitation

Taking advantage of a person for personal gain through threats or manipulation.

False Imprisonment

Unlawful restraint that affects a person’s freedom of movement.

Financial Abuse

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

HIPAA

Health Insurance Portability and Accountability Act; 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

Violation of the right to be left alone and to control personal information.

Involuntary Seclusion

Separating 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 stating the medical care a person wants—or does not want—if unable to make decisions.

Malpractice

Professional misconduct that results in damage or injury to a person.

Mandated Reporters

People required to report suspected abuse or neglect because of their regular contact with vulnerable populations.

Misappropriation

Deliberate misplacement, exploitation, or improper use of a person’s belongings or money without consent.

Mistreatment

Inappropriate treatment or exploitation of a resident.

NATCEP

Nurse Aide Training and Competency Evaluation Program; sets minimum requirements for training and testing nursing assistants.

Neglect

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

Negligence

Actions, or failure to act, that result in unintended injury.

OBRA

Omnibus Budget Reconciliation Act; federal law with minimum standards for NA training, staffing, assessments, and resident rights.

Ombudsman

A legal advocate 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)

Identifiable health information relating to a person’s condition, care, or payment for 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 under OBRA that dictate how residents must be treated in long-term care facilities.

Scope of Practice

The tasks healthcare providers are legally permitted to perform, as defined by 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 work environment.

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

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.