2-Ethical and Legal Issues Flashcards
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 he or she will be harmed
battery
the intentional touching of a person without her consent
civil law
private law; law between individuals
criminal law
public law; law relating to committing a crime against the community
defamation
any untrue statement that injures a person’s reputation and/or damages the person’s ability to make a living
DNR
do not resuscitate
domestic violence
physical, sexual, or emotional abuse by spouses, intimate partners or family members
durable power of attorney for health care
legal document that appoints someone to make the medical decisions for a person in the event he becomes unable to do so
EHR
electronic health records
electronic health records
electronic form of a resident’s personal and health data that is used to manage and coordinate a resident’s health care
ethics
knowledge of right and wrong; standards of conduct
etiquette
code of proper behavior and courtesy in certain setting
exploitation
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 and the action
financial abuse
improper or illegal use of a person’s money, possessions, property, or other assets
HIPPA
Health insurance portability and accountability act
law that sets standards for protecting the privacy of patients’ health info
intimate partner violence
physical, sexual, or emotional harm caused by a partner or spouse
invasion of privacy
violation of the right to be left alone and the right to control personal info
involuntary seclusion
separation of a person from others against the person’s will
libel
defamation in written form
living will
document that states the medical care a person wants, or does not want, in case 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
misappropriation
deliberate misplacement, exploitation, or improper use of a resident’s belongings or money without the resident’s consent
mistreatment
inappropriate treatment or exploitation of a resident
NATCEP
nurse aide training and competency evaluation program
NATCEP definition
part of OBRA that sets minimum requirements for training and testing nursing assistants
neglect
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
omnibus budget reconciliation act
OBRA definition
law passed by federal government that includes minimum standards for nursing assistant training, staffing requirements, resident assessment instructions, and information on rights for residents
ombusdman
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
PHI
protected health information
PHI definition
information that can be used to identify a person and relates to his past, present, or future physical or mental 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
resident counsil
group of residents who meet regularly to discuss issues related to the long term care facility
resident’s rights
rights identified by 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 as allowed 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 working environment
slander
defamation in oral form
substance abuse
repeated use of illegal or legal drugs, cigarettes, or alcohol in a way that causes harm to oneself or others
verbal abuse
the use of language that threatens, embarrasses, or insults a person
workplace violence
verbal, physical, or sexual abuse by staff by other staff members, residents, or visitors
why was OBRA created
in response to reports of poor care and abuse in LTC. sets a minimum standard of care and standardizing training of NAs
what is the minimum number of training hours required
75
PSDA
patient self-determination act
difference between abuse and neglect
abuse = doing something physical or verbal to someone neglect= lack of care resulting in harm
