Chapter 3 Legal and Ethical Issues Flashcards
Omnibus Budget Reconciliation Act (OBRA)
law passed by the federal government that includes minimum standards for nursing assistant training, staffing requirements, resident assessment instructions, and information on rights for residents
minimum data set (MDS)
a detailed form with guidelines for assessing residents in long term care facilities; also details what to do if resident problems are identified
residents’ rights
numerous rights identified in the OBRA law that relate to how residents must be treated while living in a facility; they provide an ethical code of conduct for healthcare workers
informed consent
the process in which a person, with the help of a doctor, makes informed decisions about his or her health care
abuse
purposeful mistreatment that causes physical, mental, or emotional pain or injury to someone
neglect
the failure to provide needed care that results in physical, mental, or emotional harm to a person
physical abuse
any treatment, intentional or not, that causes harm to a person’s body
psychological abuse
emotional harm caused by threatening, scaring, humiliating, intimidating, isolation, or insulting a person, or treating him as a child, also included verbal abuse
verbal abuse
the use of spoken or written words, pictures, gestures that threaten, embarrass, or insult a person
sexual abuse
the forcing of a person to perform or participate in sexual acts against his or her will, included unwanted touching, exposing oneself, and the sharing of porn material
financial abuse
the improper or illegal use of a person’s money, possessions, property or other assets
assault
a threat to harm a person, resulting in the person feeling fearful that he or she will be harmed
battery
the intentional touching of a person without his or her consent
domestic violence
physical, sexual, or emotional abuse by spouses, intimate partners, or family members
workplace violence
verbal, physical, or sexual abuse of staff by other staff members, residents, or visitors
false imprisonment
the unlawful restrain of someone which affects the person’s freedom of movement, included both the threat of being physically restrained and actually being physically restrained
involuntary seclusion
the separation of a person from others against the person’s will
sexual harassment
any unwelcome sexual advance or behavior that created an intimidating, hostile, or offensive working environment
substance abuse
the repeated use of legal or illegal drugs, cigarettes, or alcohol in a way that is harmful to oneself or others
active neglect
the purposeful failure to provide needs care, resulting in harm to a person
passive neglect
the unintentional failure to provide needed care, resulting in physical, mental, or emotional harm to a person
negligence
actions, or the failure to act or provide the proper care, that results in unintended injury to a person
malpractice
injury to a person due to professional misconduct through negligence, carelessness, or lack of skill
mandated reporters
people who are legally required to report suspected or observed abuse or neglect because they have regular contact with vulnerable populations, such as the elderly in care facilities
ombudsman
a legal advocate for residents in long term care facilities; helps resolve disputes and settle conflicts
confidentiality
the legal and ethical principle of keeping information private
advance directives
legal documents that allow people to choose what medical care they wish to have if they are unable to make those decisions themselves
living will
a document that outlines the medical care a person wants, or does not want, in case he or she becomes unable to make those decisions
durable power of attorney for health care
a signed, dated, and witnessed legal document that appoints someone else to make the medical decisions for a person in the event he or she becomes unable to do so
do not resuscitate (DNR) order
a type of advance directive that instructs medical professionals not to perform CPR if a person’s heartbeat or breathing stops
