Patient Care Fundamentals- Chapter 2: Ethical and Legal Issues (Information from- Nursing Assisting A Foundation in Caregiving)

Abuse

purposeful mistreatment that causes physical, mental, emotional, or financial pain or injury to a person.

Active Neglect

purposeful failure to provide needed care, resulting in physical, mental, or emotional harm 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 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 a crime against the community.

Defamation

any statement (written or oral) that is not true and injures a person's reputation

DNR (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 decisions for a person in the event he or she becomes unable to do so.

Ethics

the knowledge of right and wrong; standards of conduct.

Etiquette

the code of proper behavior and courtesy in a certain setting.

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, or other assets.

HIPAA (Health Insurance Portability and Accountability Act)

a federal law that sets standards for protecting the privacy of patients' health information

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 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 act of taking what belongs to someone else and using it illegally for one's own gain or other unauthorized purpose.

NATCEP (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.

Negligence

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

OBRA (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.

Ombudsman

a legal advocate for residents in long-term care facilities.

Passive Neglect

the unintentional failure to provide needed care, resulting in physical, mental, or emotional harm to a person.

Physical Abuse

any treatment, intentional or unintentional, 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 his or her past, present, or future physical or medical condition, including any health care the patient has had, or payment for that health care.

Psychological Abuse

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

Residents' 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

defines the tasks that healthcare providers are legally permitted to perform as allowed by state or federal law.

Sexual Abuse

the forcing of unwanted sexual acts or behavior on a person.

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 drugs, cigarettes, or alcohol 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.

1. What are ethics?

The knowledge of what is right and wrong

2. Give one example of a law that must be followed.

Civil Laws (disputes between individuals)

3. Describe five elements of a typical nursing assistant code of ethics.

"I will strive to provide and maintain the highest quality of care for all residents. I will fully recognize and follow all of the Residents' Rights."

4. According to the Omnibus Budget Reconciliation Act's (OBRA) requirements, how many hours of training must nursing assistants complete at a minimum?

75 hours of training

5. What are active neglect and passive neglect?

Active Neglect is purposeful failure to provide needed care, resulting in physical, mental, or emotional harm to a person.

Passive Neglect is unintentional failure to provide needed care, resulting in physical, mental, or emotional harm to a person.

6. Give one example of negligence.

Ex. "A nursing assistant forgetting to lock the bed wheels before transferring a resident."

7. What is a nursing assistant's responsibility if she sees or suspects abuse?

Report any signs of abuse to the nurse.

8. What generally happens to a nursing assistant after a report of abuse has been made about him or her?

The nursing assistant will be suspended immediately following investigation.

9. Describe some of the typical duties of an ombudsman.

1. Advocates for Residents' Rights and quality care

2. Educates consumers and care providers

3. Investigates and resolves complaints; works with investigators from the police, Adult Protective Services, and health departments

4. Appears in court and/or at legal hearings

5. Gives information to the public

10. With whom may a nursing assistant share a resident's health information?

Care team members

11. What does HIPAA protect?

Protects the privacy of patients' health information.

12. List four examples of PHI.

1. Patient's name

2. Address

3. Telephone number

4. Medical record

13. To which members of the care team does HIPAA apply?

All healthcare providers

14. What are 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.

15. List four rights related to advance directives that the PSDA requires be given to new residents upon admission.

1. The right to participate in and direct healthcare decisions.

2. The right to accept or refuse treatment

3. The right to prepare an advance directive

4. Information on the facility's policies that govern these rights

16. What is one reason that a nursing assistant should not accept money or gifts from residents?

B. Receiving money or gifts is unprofessional and can lead to conflict

17. What is the name of the resident assessment system that is part of OBRA's requirements?

C. Minimum Data Set (MDS)

18. Residents have a legal right not to be abused or mistreated. To which Residents' Rights does this relate?

B. Right to dignity, respect, and freedom

19. Residents have a legal right to be told of changes in their medical condition. To which Residents' Rights does this relate?

A. Right to participate in their own care

20. A nursing assistant takes money from a resident's purse, planning to pay it back later. Which type of abuse is this considered?

D. Financial abuse

21. Emotional abuse of a resident by his wife would be considered

A. Domestic violence