CNA 1- Module E (Laws and Ethics)

Laws

Are rules made by government to help protect public

Person liable if laws not obeyed and may not be fined or jailed

Criminal or civil

Criminal

Offenses against the public

Civil

Deal with relationships between people

Tort

A wrong committed against w person or property

Unintentional- did not mean to cause harm

Intentional- did mean to cause harm

Malpractice

Giving care for which you are not allowed legally to perform

Negligence

Actions or failure to act or give proper care ,resulting in injury

Assault

Act of threatening to touch, or attempting to touch a person, without proper consent (key is consent )

Ex:threatening to tie a resident down

Battery

Touching a person without consent ex: hitting a resident

Consent

The right to decide what will be done to the body and who can touch my body

Written consent

signs a form (nurse aide doesnt obtain it)

Verbal consent

A verbal yes or ok (nurse aide can obtain this)

Implied consent

Resident extends arm after nurse aide asks to check blood pressure

Invasion of privacy

Violation of right to control personal information or the right to be left alone

False imprisonment

Unlawful restraining or restricting a person’s movement

Defamation

False statement made to a third person that causes a person shame or ridicule, or ruins the reputation

Written - libel

Verbal - slander

Diversion of drugs

Unauthorized taking or use of any drug

Fraud

Intentional deception or misrepresentation made by a person with knowledge that deception could result in some unauthorized benefit

Vulnerable adults def

Adults who are at risk for abuse or mistreatment because they are not able to protect themselves from harm

Misappropriation of property

Illegal or improper use of resident’s money,property,assets; by another, without consent for personal gain

Abuse

Willful infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain, or mental anguish

Exploitation

Taking advantage of a resident for personal gain by manipulation, intimidation, threats, or coercion

Signs of emotional or psychological abuse

* emotionally upset or agitated
* Extremely withdrawn, will not talk, or is non-responsive
* Deferent,passive, acting shamed
* Depressed, voices feelings of helplessness and hopelessness
* Trembling, clinging,cowering,minimal eye contact
* Unusual behavior (sucking, biting,rocking) that may be mistakenly attributed to dementia
* Resident’s report of emotional or psychological abuse

Exploitation signs and symptoms

Signs:

* resident inconsistent with longstanding values/beliefs
* Wills ,living wills, trusts, income flow altered with new caretaker or friend as beneficiary/executor
* Begins using new bankers,physcians, attorneys,
* Increasingly helpless,frightened,despondent ,feeling only caretaker or friend can prevent further decline


* new friend or caretaker appears to have restrictive control and dominance over resident
* visitors are denied access to resident
* Resident mistrusts family members and long-time

Health Care Personnel Registry (HCPR)

Lists pending allegations and substantiated findings of nurse aides and other unlicensed personnel

* HCPR listing can lead to negative outcomes

Mistreatment of vulnerable adult- points to remember

* abuse is cause for immediate dismissal of the perpetrator and posted on Nurse Aide Registry, if substantiated
* Not reporting abuse is aiding and abetting

Ethics

Is knowledge of what is right conduct and wrong conduct, or knowing right from wrong

Inner knowledge that assists us in making choices or judgements

Code of ethics

Rules of conduct for particular group

Helps employees deal with issues of right and wrong

Confidentiality

Not disclosing or telling information that is personal or private about a resident, except to authorized people

Basic human rights

\-are protected by the Constitution

\- right to be treated with respect ,living in dignity, pursue meaningful life, snd be free of fear

Resident’s rights

* legally protected Resident’s Rights
* Rights that have been written into federal law (OBRA) that identify how a resident must be treated while living in a long-term care facility

Ombudsman

Every resident living in a NC long-term care facility has access to a person assigned to their district who supports or promotes their interests

Ethics-importance

\-knowledge of right and wrong guides sense pf duty and conduct of all health care providers

\-guides all healthcare providers

\-guides all healthcare providers in providing quality care

\-governs actions of health care providers

\-vital to safety and well-being of residents