ch 31 - common legal and ethical issues Flashcards
conditions/circumstances that result in a higher than usual responsibility of HCPs to ensure consent is informed (7)
- impaired sensory functioning
- low educational level
- low/limited health literacy
- low literacy of any kind
- questionable cognitive status
- complex procedure (surgery of any kind)
- participation in research
examples of representatives for advanced care planning
- power of attorney
- health care proxy
- guardians and conservators
legal rep: Legally appointed to act on behalf of another
in ways specifically indicated in a legal document
power of attorney
legal rep: Authority to act on a person’s behalf when he or she has lost capacity to make decisions and
has not documented what he or she wants
health care proxy
legal rep: Individual, agencies, or corporations appointed to take care, custody, and control of an incapacitated person and assure needs are met
guardians and conservators
purpose of power of attorney
- general POA for business
- durable POA for medical decisions
- made in advance of need
purpose of health care proxy
-how decisions are made when pt is incapacitated or POA hasn’t been selected
purpose of conservator
manage finances
purpose of guardians of the person
- helps incapacitated person make decisions
- ensures pt safety and wellbeing
- can provide consent for pt
people who are more likely to abuse/neglect
- family member
- one with mental/emotional illnesses
- abuser of alcohol/substances
- h/o family violence
- cultural acceptance of interpersonal violence
- caregiver frustration
- social isolation
- impaired impulse control of caregiver
people who are more likely to be abused/neglected
- cognitively impaired
- dependent on abuser
- physically/mentally frail
- abused caregiver in earlier life
- women living alone or in household with family
- h/o being abused
- behavior considered aggressive, demanding or unappreciative
- living in institutional setting
- feels deserving of abuse due to personal inadequacies
types of abuse of older adult (7)
- physical
- sexual
- psychological
- medical
- financial
- discrimination
- abandonment
type of abuse: physical force that results in threat of or infliction of bodily injury, physical pain, or impairment
physical abuse
type of abuse: nonconsensual sexual contact of any kind
sexual abuse
type of abuse: inflict of anguish, pain, of distress through verbal or nonverbal acts, including intimidation or enforced social isolation
psychological abuse