Chapter 3 - Legal and Ethical Issues Flashcards
Ethics
The knowledge of right and wrong
Laws
Tell people what they must do
Omnibus Budget Reconciliation Act (OBRA)
Was passed in 1987 due to the fact that poor care and abuse was occurring in long-term care facilities. This act helps prevent this.
Minimum Data Set (MDS)
A resident assessment system that was developed in 1990 and is revised periodically. It helps establish guidelines for when someone is assessing a resident.
Resident’s Rights
Specify how residents must be treated while living in a facility
Quality of Life
Residents have the right to the best care available
Services and Activities To Maintain A High Level of Wellness
Residents must receive the correct care
The Right To Be Fully Informed About Rights and Services
Residents must be told what services are available and what the fee is for each service
The Right To Participate In Their Own Care
Residents have the right to participate in planning their treatment, care and discharge
Informed Consent
A resident, with the help of a doctor, makes informed decision about his or her health care
The Right To Make Independent Choices
Residents can make choices about their doctors and treatments
The Right To Privacy And Confidentiality
Resident have the right to speak privately with anyone, the right to privacy during care, and the right to confidentiality regarding every aspect of their lives
The Right To Dignity, Respect, And Freedom
Residents must be respected and treated with dignity. Residents must not be abused mistreated or neglected in any way
The Right To Security Of Possessions
Residents personal possessions must be safe at all times
Rights During Transfers and Discharges
Residents have the right to be informed of and to consent to any location changes
The Right To Complain
Residents have the right to make complaints and voice grievances without fear for their safety or care
The Right To Visits
Residents have the right to visits from doctors, family members, friends, ombudsmen, clergy members, legal representatives, or any other person
Right with Regard To Social Services
The facility must provide resident with access to social services, including counseling, assistance in solving problems with others, and help contacting legal and financial professionals
Neglect
Is the failure to provide needed care that results in physical, mental, or emotional harm to a resident
Active Neglect
Is the purposeful failure to provide needed care, resulting in harm to a person
Passive Neglect
Is the unintentional failure to provide needed care, resulting in harm to a person
Negligence
The failure to act or provide the proper care for a resident, resulting in unintended injury
Malpractice
Occurs when a person is injured due to professional misconduct through negligence
Abuse
Purposeful mistreatment that causes physical, emotional, or mental injury to a person
Physical Abuse
Any treatment that causes harm to a person’s body
Psychological Abuse
Emotional harm such as isolating or treating someone as a child
Verbal Abuse
The use of spoken or written words that threaten or insult a person
Assault
A threat to harm a person
Battery
The intentional touching of a person without consent
Sexual Abuse
The forcing of a person to perform sexual acts without consent
Financial Abuse
Improper or illegal use of a person’s money
Domestic Violence
Abuse by spouses, intimate partners, or family members
Workplace Violence
Abuse by staff members, residents, or visitors
False Imprisonment
Unlawful restraint that affects a person’s freedom of movement
Involuntary Seclusion
The separation of a person from other’s against the person’s consent
Sexual Harassment
Any unwelcome sexual advance or behavior that creates a hostile environment
Substance Abuse
The repeated use of legal or illegal drugs that harms oneself or others
Mandated Reporters
Are people who are legally required to report suspected or observed abuse or neglect
Ombudsmen
A legal advocate for residents
Confidentiality
Means to keep private things private
Protected Health Information (PHI)
Information that can be used to identify a person and relates to the patient’s physical or mental condition
Advance Directives
Legal documents that allow people to decide what kind of medical care they wish to receive in the event that they are unable to make decisions themselves
Living Will
Outlines medical care a person wants or doesn’t want in the event that they are unable to make decisions themselves
Durable Power Of Attorney For Health Care
Is a signed, dated, and witnessed legal document that appoints someone to make medical decisions for a person in the event that they are unable to make decisions themselves
Do-Not-Resuscitate (DNR)
Is another tool that helps medical providers honor a person’s wishes
Physician Order For Life-Sustaining Treatment (POLST)
This order specifies treatments to be used when a person is very ill
