Chapter 3 Legal and Ethical Issues

Question 1

Omnibus Budget Reconciliation Act (OBRA)

Answer 1

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

Question 2

minimum data set (MDS)

Answer 2

a detailed form with guidelines for assessing residents in long term care facilities; also details what to do if resident problems are identified

Question 3

residents’ rights

Answer 3

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

Question 4

informed consent

Answer 4

the process in which a person, with the help of a doctor, makes informed decisions about his or her health care

Question 5

abuse

Answer 5

purposeful mistreatment that causes physical, mental, or emotional pain or injury to someone

Question 6

neglect

Answer 6

the failure to provide needed care that results in physical, mental, or emotional harm to a person

Question 7

physical abuse

Answer 7

any treatment, intentional or not, that causes harm to a person’s body

Question 8

psychological abuse

Answer 8

emotional harm caused by threatening, scaring, humiliating, intimidating, isolation, or insulting a person, or treating him as a child, also included verbal abuse

Question 9

verbal abuse

Answer 9

the use of spoken or written words, pictures, gestures that threaten, embarrass, or insult a person

Question 10

sexual abuse

Answer 10

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

Question 11

financial abuse

Answer 11

the improper or illegal use of a person’s money, possessions, property or other assets

Question 12

assault

Answer 12

a threat to harm a person, resulting in the person feeling fearful that he or she will be harmed

Question 13

battery

Answer 13

the intentional touching of a person without his or her consent

Question 14

domestic violence

Answer 14

physical, sexual, or emotional abuse by spouses, intimate partners, or family members

Question 15

workplace violence

Answer 15

verbal, physical, or sexual abuse of staff by other staff members, residents, or visitors

Question 16

false imprisonment

Answer 16

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

Question 17

involuntary seclusion

Answer 17

the separation of a person from others against the person’s will

Question 18

sexual harassment

Answer 18

any unwelcome sexual advance or behavior that created an intimidating, hostile, or offensive working environment

Question 19

substance abuse

Answer 19

the repeated use of legal or illegal drugs, cigarettes, or alcohol in a way that is harmful to oneself or others

Question 20

active neglect

Answer 20

the purposeful failure to provide needs care, resulting in harm to a person

Question 21

passive neglect

Answer 21

the unintentional failure to provide needed care, resulting in physical, mental, or emotional harm to a person

Question 22

negligence

Answer 22

actions, or the failure to act or provide the proper care, that results in unintended injury to a person

Question 23

malpractice

Answer 23

injury to a person due to professional misconduct through negligence, carelessness, or lack of skill

Question 24

mandated reporters

Answer 24

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

Question 25

ombudsman

Answer 25

a legal advocate for residents in long term care facilities; helps resolve disputes and settle conflicts

Question 26

confidentiality

Answer 26

the legal and ethical principle of keeping information private

Question 27

advance directives

Answer 27

legal documents that allow people to choose what medical care they wish to have if they are unable to make those decisions themselves

Question 28

living will

Answer 28

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

Question 29

durable power of attorney for health care

Answer 29

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

Question 30

do not resuscitate (DNR) order

Answer 30

a type of advance directive that instructs medical professionals not to perform CPR if a person’s heartbeat or breathing stops