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Chapter 04 ethical and legal issues affecting nursing assistant
1.
*
Ethical and Legal Issues Affecting the Nursing Assistant Edited by Brenda Holmes MSN/Ed, RN Copyright © 2008 Delmar Learning. All rights reserved.
2.
* Spell and
define terms. * Discuss ethical and legal situations in health care. * Describe the legal and ethical responsibilities of the nursing assistant concerning patient information. * Describe tactful ways to refuse a tip offered by a patient. * Describe the legal responsibilities of a nursing assistant. * Copyright © 2008 Delmar Learning. All rights reserved.
3.
* Describe how
to protect the patient’s right to privacy. * Define sexual harassment and give examples of activities that may be perceived as being sexually harassing. * Copyright © 2008 Delmar Learning. All rights reserved.
4.
* Ethical standards
* Guides to moral behavior * People who provide health care * Voluntarily agree to live up to these standards * Copyright © 2008 Delmar Learning. All rights reserved.
5.
* When these
rules are not followed: * Nursing assistant fails to live up to the promise to give safe, correct care and to do no harm * Copyright © 2008 Delmar Learning. All rights reserved.
6.
* Legal standards
are guides to lawful behavior * When laws are not obeyed: * Nursing assistant may be prosecuted and found liable for injury or damage * Legal guilt can result in the payment of fines or imprisonment * Copyright © 2008 Delmar Learning. All rights reserved.
7.
* At no
other time in history have questions of medical ethics been under such scrutiny * Copyright © 2008 Delmar Learning. All rights reserved.
8.
* Questions health
care providers ask: * When is life gone from a person on life support systems? * How much lifesaving effort should be given in situations of terminal illness? * Copyright © 2008 Delmar Learning. All rights reserved.
9.
* When does
human life actually begin? * How much assistance should be given to the conception process? * Should the body organs of a brain-dead person be harvested for transplants for the living? * Does an unborn baby have rights? * Copyright © 2008 Delmar Learning. All rights reserved.
10.
* Is assisting
a patient before or after an abortion right or wrong? * Is euthanasia ever justified? * Should animals be used in research of potential value to human life? * Copyright © 2008 Delmar Learning. All rights reserved.
11.
* Should food
and water be withheld to speed death when a patient has expressed the desire to have this action performed? * Copyright © 2008 Delmar Learning. All rights reserved.
12.
* Who makes
decisions about removing life support systems when there is no direct expression of the patient’s wishes or there is conflict within the family? * Copyright © 2008 Delmar Learning. All rights reserved.
13.
* How will
a choice be made when two or more people could benefit from an organ transplant but only one organ is available? * Copyright © 2008 Delmar Learning. All rights reserved.
14.
* How should
the limited money available be spent when many serious disease conditions need to be researched? * Who has the final authority over whether a woman will carry a pregnancy to term? * Copyright © 2008 Delmar Learning. All rights reserved.
15.
* Should marijuana
be used for medicinal purposes? * Copyright © 2008 Delmar Learning. All rights reserved.
16.
* One of
the most basic rules of ethics is that life is precious. * Copyright © 2008 Delmar Learning. All rights reserved.
17.
* Respect for
each patient as a unique individual is another ethical principle * Uniqueness is shown by differences in: * Age * Race * Religion * Gender * Copyright © 2008 Delmar Learning. All rights reserved.
18.
* Uniqueness is
shown by differences in: * Sexual preference * Culture * Attitudes * Background * Response to illness * Copyright © 2008 Delmar Learning. All rights reserved.
19.
* Do unto
others as you would have them do unto you * Implies your intent to provide proper care * Copyright © 2008 Delmar Learning. All rights reserved.
20.
* Your good
intentions are effective only when you act on them * To provide proper care: * You also have the ethical responsibility to maintain competence in your practice * Copyright © 2008 Delmar Learning. All rights reserved.
21.
* Treat others
the way they want to be treated * Platinum Rule * Shifts focus from treating everyone alike to providing highly individualized care * Copyright © 2008 Delmar Learning. All rights reserved.
22.
* Find out
what patients want * Give it to them, as much as possible, and in keeping with their plans of care * Use both principles to guide your practice * Copyright © 2008 Delmar Learning. All rights reserved.
23.
* Discuss patient
information only in appropriate places * Discuss patient information only with the proper people * Copyright © 2008 Delmar Learning. All rights reserved.
24.
* Refer patient
requests for information about laboratory results, the patient’s condition, or course of the illness to the nurse or physician. * Copyright © 2008 Delmar Learning. All rights reserved.
25.
* Let the
nurse or physician relay information about a patient’s death. * Follow the ethical code to ensure respect of a patient’s personal religious beliefs. * Copyright © 2008 Delmar Learning. All rights reserved.
26.
* Laws are
passed by governments and are to be obeyed by citizens. * Anyone who fails to obey a law may be liable for fines or imprisonment. * Copyright © 2008 Delmar Learning. All rights reserved.
27.
* You need
not fear breaking laws if you are careful to: * Stay within your scope of practice * Not overstep your authority * Do only those things you have been taught * Within the scope of your training * Copyright © 2008 Delmar Learning. All rights reserved.
28.
* You need
not fear breaking laws if you are careful to: * Carry out procedures carefully and as you were taught * Keep your skills and knowledge up to date * Copyright © 2008 Delmar Learning. All rights reserved.
29.
* You need
not fear breaking laws if you are careful to: * Request guidance from the proper person before you take action in a questionable situation * Copyright © 2008 Delmar Learning. All rights reserved.
30.
* You need
not fear breaking laws if you are careful to: * Always keep the safety and well-being of the patient a priority * Make sure you thoroughly understand the instructions for the care you are to give * Copyright © 2008 Delmar Learning. All rights reserved.
31.
* You need
not fear breaking laws if you are careful to: * Perform your job according to facility policy * Stay within OBRA guidelines * Copyright © 2008 Delmar Learning. All rights reserved.
32.
* You need
not fear breaking laws if you are careful to: * Maintain in-service requirements of OBRA * Do no harm to the patient * Respect the patient’s belongings * Copyright © 2008 Delmar Learning. All rights reserved.
33.
* Nursing assistants
* Are educated care providers and are expected to perform in certain ways * Copyright © 2008 Delmar Learning. All rights reserved.
34.
* You would
be guilty of negligence if you injured a patient by: * Not performing your work as taught * Not carrying out your job in a conscientious manner * Copyright © 2008 Delmar Learning. All rights reserved.
35.
* Negligence may
be accidental or deliberate * It may be the result of an action or omission * Failure to act * In either situation, the patient is not given the expected level of care * Copyright © 2008 Delmar Learning. All rights reserved.
36.
* Restraining a
person’s movement or actions without proper authorization constitutes unlawful or false imprisonment. * Copyright © 2008 Delmar Learning. All rights reserved.
37.
* Assault
* Intentionally attempting to touch the body of a person or even threatening to do so * Battery * Touching a person without that person’s permission * Copyright © 2008 Delmar Learning. All rights reserved.
38.
* Abuse
* Any act or failure to act that is non-accidental and causes or could cause harm or death to a patient * Verbal abuse * May be directed toward a patient or expressed about a patient * Copyright © 2008 Delmar Learning. All rights reserved.
39.
* Sexual abuse
* Use of physical means or verbal threats to force a patient to perform sexual acts. * Copyright © 2008 Delmar Learning. All rights reserved.
40.
* Physical abuse
* Does actual physical harm to a patient * Psychological abuse * Involves making a patient fearful of you * Such as threatening not to respond when he or she calls * Copyright © 2008 Delmar Learning. All rights reserved.
41.
* Involuntary seclusion
* Involves separating a patient from other patients against the patient’s will * Misappropriation of property * Involves taking or using the patient’s belongings without permission * Copyright © 2008 Delmar Learning. All rights reserved.
42.
* If you
suspect a person in your care is being abused by others * Discuss this matter with your supervisor * You are not responsible for determining whether abuse has occurred * Copyright © 2008 Delmar Learning. All rights reserved.
43.
* * If you
feel like your own tolerance level is being tested * You need to find ways to safeguard the patient and release your stress Copyright © 2008 Delmar Learning. All rights reserved.
44.
* Failure to
provide the services or care necessary to avoid physical harm, mental anguish, or mental illness. * Copyright © 2008 Delmar Learning. All rights reserved.
45.
* Patients have
a right to have their person and personal affairs kept confidential. * Copyright © 2008 Delmar Learning. All rights reserved.
46.
* Physical, verbal,
or nonverbal actions or advances that are unwelcome by the other person. * Copyright © 2008 Delmar Learning. All rights reserved.
47.
* This may
be in the form of sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. * Copyright © 2008 Delmar Learning. All rights reserved.
48.
* Sexual harassment
is illegal * Copyright © 2008 Delmar Learning. All rights reserved.
49.
* Your facility
will have policies and procedures listing actions to take and penalties if harassment occurs. * Copyright © 2008 Delmar Learning. All rights reserved.
50.
* Upon being
informed that an incident of sexual harassment has occurred: * Hospital is responsible for investigating the situation * During investigation: * Facility must protect the victim from further harassment * Copyright © 2008 Delmar Learning. All rights reserved.
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