ch 2 persons rights Flashcards
Patients’ Rights
In April 2003 the American Hospital Association adopted The Patient Care Partnership: Understanding Expectations, Rights, and Responsibilities.
- Explains the person’s rights and expectations during hospital stays
- Stresses the relationship between the doctor, health team, and patient
OBRA
The Omnibus Budget Reconciliation Act (OBRA)
- is a federal law
- Nursing centers must provide care in a manner and in a setting that maintains or improves each person’s quality of life, health, and safety.
- OBRA applies to all 50 states.
- OBRA includes nursing assistant training and competency evaluation.
- Resident rights are a major part of OBRA.
Residents’ Rights
Residents have rights as
United States citizens.
Residents’ Rights
Some residents cannot exercise their rights.
- A representative (partner, adult child, court-appointed guardian) does so for them.
- A representative is a person who has legal right to act on the patient’s or resident’s behalf when he or she cannot do so for himself or herself
Residents’ Rights
Nursing centers must inform residents of their
rights, both orally and in writing.
Information
The right to information means access to all records about the person.
- They include the medical record, contracts, incident reports, and financial records.
- The request can be oral or written.
- This includes the doctor’s name, specialty, and contact information.
- Report any request for information to the nurse.
Refusing Treatment
The person has the right to refuse treatment. A person who does not give consent or refuses treatment
who does not give consent or refuses treatment
Refusing Treatment
The center must find out what the person is refusing and why
- Find out the reason for the refusal.
- Explain the problems that can result from the refusal.
- Offer other treatments options.
- Continue to provide all other services.
Refusing Treatment
Treatment means the care provided to
maintain or restore health, improve function, or relieve symptoms
Refusing Treatment
Advance directives:
- Are part of the right to refuse treatment
- Include living wills and instruction about life support
- Contain written instructions about health care when the person is not able to make such decisions
Refusing Treatment
Report any treatment refusal to
the nurse.
* The nurse may change the person’s care plan
Privacy and Confidentiality
Residents have the right to personal privacy.
- A person has the right to use the bathroom in private.
- Expose body only as necessary; never expose residents in front of visitor (friends, family etc.)
- Residents have the right to visit with others in private—in areas where others cannot see or hear them.
- The right to privacy also includes mail.
- Information about the person’s care, treatment, and condition is kept confidential.
Personal Choice
Residents have the right to make their own choices.
- They can choose their own doctors.
- They also help plan and decide about their care and treatment.
- They can choose activities, schedules, and care.
- They can choose when to get up and go to bed, what to wear, how to spend their time, and what to eat.
- They can choose friends and visitors inside and outside the center.
Grievances
Residents have the right to voice concerns, questions, and complaints about treatment and care.
- The problem may involve another person.
- It may be about care that was given or not given.
- The center must promptly try to correct the matter
Work
The resident has the right to work or perform services if he or she wants to do so.
- Some people like to garden, repair or build things, clean, sew, mend, or cook.
- Other persons need work for rehabilitation or activity reasons.
- The person does not work for care, care items, or other things or privileges.
- The person is not required to perform services for the center.
Taking Part in Resident Groups
The resident has the right
- to form and take part in resident groups.
- Residents have the right to take part in social, cultural, religious, and community events.
- They have the right to receive help when moving to and from events of their choice.
- Families have the right to meet with other families.
Personal Items
Residents have the right to keep and use personal items.
- The person’s property is protected.
- Protect yourself and the center from being accused of stealing a person’s property.
- Treat the person’s property with care and respect.
- The center must investigate reports of lost, stolen, or damaged items. Police help is sometimes needed.
- Do not go through a person’s closet, drawers, purse, or other space without the person’s knowledge and consent
Freedom From Abuse, Mistreatment, and Neglect
Residents have the right to be free from
from verbal, sexual, physical, and mental abuse.
* Residents also have the right to be free from involuntary seclusion:
* Separating the person from others against his or her will
* Keeping the person in a certain area
* Keeping the person away from his or her room without consent
Freedom From Abuse, Mistreatment, and Neglect, cont’d.
No one can
abuse, neglect, or mistreat a resident.
Freedom From Abuse, Mistreatment, and Neglect, cont’d.
Centers must investigate suspected or reported cases of
abuse
Freedom From Abuse, Mistreatment, and Neglect, cont’d.
They cannot employ persons who:
- Were found guilty of abusing, neglecting, or mistreating others by a court of law.
- Have a finding entered into the state’s nursing assistant registry about abuse, neglect, mistreatment, or wrongful acts involving the person’s money or property.
Freedom From Abuse, Mistreatment, and Neglect, cont’d.
A finding means that a state has determined that the employee
abused, neglected, or mistreated a resident, or wrongfully used the person’s money or property.
Freedom From Restraint
Residents have the right not to have body movements restricted.
- Some drugs are restraints because they affect mood, behavior, and mental function.
- Sometimes residents are restrained to protect them from harming themselves or others.
- Restraints are not used for staff convenience or to discipline a person
- Doctor’s order is needed for restraint use
Quality of Life
Residents have the right to quality of life.
- They must be cared for in a manner and in a setting that promotes dignity and respect for self.
- Care must promote physical, mental, and social well-being.
- Speak to the person in a polite and courteous manner. Good, honest, and thoughtful care enhances the person’s quality of life.
Activities
Residents have the right to activities that enhance each
person’s physical, mental, and psycho-social well-being.
* Centers must provide religious services for spiritual health.
Environment
Residents have the right to a safe, clean, comfortable, and home-like setting.
- The person is allowed to have and use personal items to the extent possible.
- They allow personal choice and promote a home-like setting.
