CH 14 Legal and Ethical Issues Flashcards

1
Q

How are the legal rights of individuals with BI altered by the injury?

A

do not alter legal rights, legal representative may exercise their rights

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2
Q

Why is the Patient Bill of Rights important to the individual?

A

ensures basic patient rights in treatment programs. violations are unlawful. advocate for least restrictive programming

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3
Q

What are the requirements for posting a Patient Bill of Rights?

A

-prominent area
-available in other languages
-usually in lobby
-determined by accreditation

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4
Q

Seclusion and restrain are used appropriately only when…

A

-measure of last resort (imminent danger, other less restrictive measures have failed)
-staff are properly trained and accountable
-appropriately prescribed

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5
Q

Who may determine if an individual is legally competent?

A

only a court
competency=pt’s mental ability to understand the nature and effect of one’s decisions and acts

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6
Q

What are the duties of a guardian of the person?

A

personal affairs, food, water, shelter, medical care, etc.

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7
Q

What are the duties of the guardian of the estate?

A

financial and property affairs only

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8
Q

what are the duties of the plenary guardianship?

A

both personal/food/water, etc and financial and property affairs

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9
Q

What are the 4 basics of law?

A

Common, constitutional, statutory and administrative

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10
Q

How is a living will different from a power of attorney?

A

AKA advanced directive, written instruction for care made prior to illness/injury

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11
Q

What is PHI?

A

identifying info that can be linked to a person individually

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12
Q

What is informed consent?

A

pt’s right to consent to care only after all risks and facts have been explained that are necessary to make an informed decision

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13
Q

What is privilege?

A

right of pt to prevent disclosure of health care info by a health care provider

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14
Q

Define abuse

A

willful infliction of injury, confinement, intimidation or punishment resulting in physical harm, pain or mental anguish. Also deprivation of goods and services necessary to attain/maintain well being

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15
Q

Define neglect

A

usually a failure to provide for the basic needs of a dependent individual, may also include abandonment

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16
Q

Define exploitation

A

use of a dependent individuals property illegally or without the consent of the individual, typically use of funds for profit

17
Q

What are staff responsibilities in reporting abuse, neglect and exploitation?

A

must report the activity immediately to the appropriate governing authorities of be subject to penalty themselves

18
Q

What is “natural” guardianship?

A

parents of child until age 18 unless legal action is taken

19
Q

Describe the importance of HIPPA

A

est in 1996, resulted in informed consent and privilege