Chapter 04 ethical and legal issues affecting nursing assistant

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Chapter 04 ethical and legal issues affecting nursing assistant

  1. 1. * Ethical and Legal Issues Affecting the Nursing Assistant Edited by Brenda Holmes MSN/Ed, RN Copyright © 2008 Delmar Learning. All rights reserved.
  2. 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. 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. 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. 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. 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. 7. * At no other time in history have questions of medical ethics been under such scrutiny * Copyright © 2008 Delmar Learning. All rights reserved.
  8. 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. 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. 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. 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. 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. 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. 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. 15. * Should marijuana be used for medicinal purposes? * Copyright © 2008 Delmar Learning. All rights reserved.
  16. 16. * One of the most basic rules of ethics is that life is precious. * Copyright © 2008 Delmar Learning. All rights reserved.
  17. 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. 18. * Uniqueness is shown by differences in: * Sexual preference * Culture * Attitudes * Background * Response to illness * Copyright © 2008 Delmar Learning. All rights reserved.
  19. 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. 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. 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. 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. 23. * Discuss patient information only in appropriate places* Discuss patient information only with the proper people * Copyright © 2008 Delmar Learning. All rights reserved.
  24. 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. 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. 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. 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. 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. 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. 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. 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. 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. 33. * Nursing assistants * Are educated care providers and are expected to perform in certain ways * Copyright © 2008 Delmar Learning. All rights reserved.
  34. 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. 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. 36. * Restraining a person’s movement or actions without proper authorization constitutes unlawful or false imprisonment. * Copyright © 2008 Delmar Learning. All rights reserved.
  37. 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. 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. 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. 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. 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. 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. 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. 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. 45. * Patients have a right to have their person and personal affairs kept confidential. * Copyright © 2008 Delmar Learning. All rights reserved.
  46. 46. * Physical, verbal, or nonverbal actions or advances that are unwelcome by the other person. * Copyright © 2008 Delmar Learning. All rights reserved.
  47. 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. 48. * Sexual harassment is illegal * Copyright © 2008 Delmar Learning. All rights reserved.
  49. 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. 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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