chapter 2 ethical and legal issues

abuse

purposeful or willful mistreatment that causes physical, 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

assult

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

battery

the intentional touching of a person without his or her consent

civil law

private law; law between individuals

criminal law

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

defamation

any untrue statement (written or oral) that injures 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

an abbreviation for do-not-resuscitate; an 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 decision for a person in the event he or she becomes 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 restraints that affects a person’s freedom of movements; 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 assests

HIPPA

an abbreviation for Health Insurance Portability and Accountability Act; a federal law that sets standards for protecting the privacy of patient’s health information

IPV (intimate partner violence)

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 gov. to help protect the public

libel

defamation in written form

living will

a document that staes the medical care a person wants, or does not want, in case he or 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 the elderly in long-term care facilities

misappropriation

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

NATCEP

an abbreviation for Nurse Aide Training and Competency Evaluation Program; part of the omnibus budget reconcilation act (OBRA) that sets minimum requirements for training and testing nursing assistants

neglect

failure to provide necessary care or services, resulting in unintended injury

negligence

actions, or the failure to act or provide care for a person’s body

OBRA

an abbreviation for Omnibus Budget Reconciliation Act; 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’ helps define a NA’s scope of practice

ombudsman

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

physical abuse

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

protected health information

information that can be caused to identify a person and relates to the patient’s condition, including ay health care the oatient had, or payment for that health care

psychological abuse

emotional harm caused by threatening, frightening, isolating, intimidating, humilating or insulting a person

resident’s council

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

residents’ rights

rights identified in the Omnibus Budget Reconciliation Act (OBRA) that relates to how residents must be treated while living in a long-term 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 sunbstances in a way that is harmful to oneself or others

verbal abuse

the use of language that threatens, embarrasses, or insults a person

workplace violence

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