Ch 14: Legal And Ethical Issues Flashcards
Common law
Developed from court decisions
Constitutional law
Based on the US constitution
Statutory law
Enacted by Congress or a state legislature in the form of individual statutes, which form code
Administrative law
Created by administrative agencies, statute, Congress or state legislature; authorizes an agency to create laws known as rules or regulations
Guardianship
Legally enforceable arrangement under which one person (guardian) has the legal right and duty to care for another (the ward)
Duties of the guardian of the person
Manages and makes decisions about personal affairs of the ward, and shows that the ward has food, shelter, and clothing as well as medical care, education, and rehab.
Guardian of the estate
Manages only financial affairs and property of the ward
Plenary guardianship
Cares for both personal needs and the property of the ward
Power of attorney
Document in which a competent person (the principal) appoints another (the agent) to act for him or her in legal and financial matters if agent becomes disabled or incompetent
Living will
Also called an advanced directive
Written instructions by a competent adult to a physician on providing, withholding, or withdrawing life sustaining procedures when the individual is in a terminal or permanently unconscious condition
Durable power of attorney for health care or medical power of attorney
(Health care proxy)
Competent adult (principal) appoints an agent to make decisions about medical care in the event that the principal is unable to make those decisions.
Competency or capacity
legal term that describes a person’s mental ability to understand the nature and effect of one’s decisions and acts
Informed consent
patient’s right to consent to care only after the health care provider fully discloses risks to make an informed decision
Abuse
Willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish
Neglect
failure to provide for the basic needs of a dependent individual
Exploitation
use of a dependent individual’s property illegally or without consent of the individual
advocate
individual or organization who serves on behalf of the individual
ADA definition of individual with disability
a person who has a physical or mental impairment that substantially limits one or more major life activities, person who has a history or record of such an impairment, person who is perceived by other as having such impairment
Title I of the ADA
Prohibits discrimination against individuals with disabilities in recruitment, hiring, promotions, training, pay, social activities;
Individual must be qualified to perform the essential functions of the job with or without reasonable accommodations
Title II of the ADA
Prohibits discrimination against qualified individuals with disabilities in all state and local programs, activities and services of public entities
Olmstead Supreme Court decision
state and local governments are required to provide services in the most integrated setting appropriate to the needs to the individual with a disability
Title III of the ADA
businesses and non profit entities must have public accommodations that comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment
Title IV of the ADA
addresses telephone and television access for people with hearing and speech disabilities
