CH 14 Legal and Ethical Issues Flashcards
How are the legal rights of individuals with BI altered by the injury?
do not alter legal rights, legal representative may exercise their rights
Why is the Patient Bill of Rights important to the individual?
ensures basic patient rights in treatment programs. violations are unlawful. advocate for least restrictive programming
What are the requirements for posting a Patient Bill of Rights?
-prominent area
-available in other languages
-usually in lobby
-determined by accreditation
Seclusion and restrain are used appropriately only when…
-measure of last resort (imminent danger, other less restrictive measures have failed)
-staff are properly trained and accountable
-appropriately prescribed
Who may determine if an individual is legally competent?
only a court
competency=pt’s mental ability to understand the nature and effect of one’s decisions and acts
What are the duties of a guardian of the person?
personal affairs, food, water, shelter, medical care, etc.
What are the duties of the guardian of the estate?
financial and property affairs only
what are the duties of the plenary guardianship?
both personal/food/water, etc and financial and property affairs
What are the 4 basics of law?
Common, constitutional, statutory and administrative
How is a living will different from a power of attorney?
AKA advanced directive, written instruction for care made prior to illness/injury
What is PHI?
identifying info that can be linked to a person individually
What is informed consent?
pt’s right to consent to care only after all risks and facts have been explained that are necessary to make an informed decision
What is privilege?
right of pt to prevent disclosure of health care info by a health care provider
Define abuse
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
Define neglect
usually a failure to provide for the basic needs of a dependent individual, may also include abandonment