Ethical and Legal Issues Flashcards
abuse
purposeful mistreatment that causes physical, mental, emotional, or financial pain or injury to a person
active neglect
purposeful failure to provide needed care, resulting in physical, mental, or emotional harm to a person.
advance directives
Legal documents that allow people to decide what kind of medical care they wish to have in the event they are unable to make those decisions themselves.
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.
civil law
private law; law between individuals.
criminal law
public law; law related to committing a crime against the community.
defamation
any statement (written or oral) that is not true and injures a person’s reputation.
DNR (do-not-resuscitate)
an order that tells medical professionals not to perform CPR in the event of cardiac or respiratory arrest.
domestic violence
physical, sexual, or emotional abuse by spouses, intimate partners, or family members.
durable power of attorney for health care
a legal document that appoints someone to make the medical decisions for a person in the event he or she becomes unable to do so.
ethics
the knowledge of right and wrong; standards of conduct.
etiquette
the code of proper behavior and courtesy in a certain setting.
false imprisonment
unlawful restraint that affects a person’s freedom of movement; includes both the threat of being physically restrained and actually being physically restrained.
financial abuse
improper or illegal use of a person’s money, possessions, property, or other assets.
HIPAA (Health Insurance Portability and Accountability Act)
a federal law that sets standards for protecting the privacy of patients’ health information.
invasion of privacy
the violation of the right to be left alone and the right to control personal information.
involuntary seclusion
the separation of a person from others against the person’s will.
laws
rules set by the government to help protect the public.
libel
defamation in written form.
living will
a document that states the medical care a person wants, or does not want, in case he or she becomes unable to make those decisions.
living will
a document that states the medical care a person wants, or does not want, in case he or she becomes unable to make those decisions.
malpractice
professional misconduct that results in damage or injury to a person.
mandated reporters
people who are required to report suspected or observed abuse or neglect due to their regular contact with vulnerable populations, such as the elderly in long-term care facilities.
misappropriation
the act of taking what belongs to someone else and using it illegally for one’s own gain or other unauthorized purpose.
NATCEP (Nurse Aide Training and Competency Evaluation Program)
part of the Omnibus Budget Reconciliation Act (OBRA) that sets minimum requirements for training and testing nursing assistants.
negligence
actions, or the failure to act or provide proper care for a person, resulting in unintended injury.
OBRA (Omnibus Budget Reconciliation Act)
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.
ombudsman
a legal advocate for residents in long-term care facilities.
passive neglect
the unintentional failure to provide needed care, resulting in physical, men-tal, or emotional harm to a person.
physical abuse
any treatment, intentional or unintentional, that causes harm or injury to a person’s body.
protected health information (PHI)
information that can be used to identify a person and relate to his or her past, present, or future physical or mental condition, including any health care the patient has had, or payment for that health care.
psychological abuse
emotional harm caused by threatening, frightening, isolating, intimidating, humiliating, or insulting a person.
Residents’ Council
a group of residents who meet regularly to discuss issues related to the long-term care facility.
Residents’ Rights
Rights identified in the Omnibus Budget Reconciliation Act (OBRA) relate to how residents must be treated while living in a long-term care facility; they provide an ethical code of conduct for healthcare workers.
scope of practice
defines the tasks that healthcare providers are legally permitted to perform as allowed by state or federal law.
sexual abuse
the forcing of unwanted sexual acts or behavior on a person.
sexual harassment
any unwelcome sexual advances or behavior that creates an intimidating, hostile, or offensive working environment.
slander
defamation in oral form.
substance abuse
the repeated use of legal or illegal drugs, cigarettes, or alcohol in a way that is harmful to oneself or others.
verbal abuse
the use of language that threatens, embarrasses, or insults a person
