Legal Terms in Caregiving

Questions and Answers

What does involuntary seclusion mean?

Separating a person from others against his or her will

Keeping a person in a certain area without consent

Taking a person out of their room without agreement

All of the above (correct)

What is a vulnerable adult?

A person 18 years or older with a disability or condition at risk of being harmed.

What is a boundary sign?

An act or behavior warning of a boundary crossing or violation.

What is malpractice?

Negligence by a professional person. Signup and view all the answers

What is fraud?

Saying or doing something to trick, fool, or deceive another person. Signup and view all the answers

What does criminal law concern?

Offenses against the public and society in general. Signup and view all the answers

What is a will?

A legal statement about property distribution after death. Signup and view all the answers

What is protected health information?

Identifying information and health care information maintained or sent in any form. Signup and view all the answers

What is boundary crossing?

A brief act or behavior outside of the helpful zone. Signup and view all the answers

What is an ombudsman?

Someone who supports or promotes the needs and interests of another person. Signup and view all the answers

What is a law?

A rule of conduct made by a government body. Signup and view all the answers

What constitutes battery?

The unauthorized touching of a person's body without consent. Signup and view all the answers

What is abuse?

The willful infliction of injury or unreasonable confinement resulting in harm. Signup and view all the answers

What is slander?

Making false statements orally. Signup and view all the answers

What does defamation mean?

Injuring a person's name and reputation by making false statements. Signup and view all the answers

What is ethics?

Knowledge of what is right and wrong conduct. Signup and view all the answers

What is assault?

Intentionally attempting or threatening to touch someone without consent. Signup and view all the answers

What is a tort?

A wrong committed against a person or the person's property. Signup and view all the answers

What does civil law concern?

Laws related to relationships between people. Signup and view all the answers

What is a representative in legal terms?

Any person with the legal right to act on the resident's behalf. Signup and view all the answers

What is professional sexual misconduct?

An act, behavior, or comment that is sexual in nature. Signup and view all the answers

What is a boundary violation?

An act that meets your needs, not the person's. Signup and view all the answers

What does invasion of privacy refer to?

Violating a person's right not to expose private affairs. Signup and view all the answers

What is the standard of care?

The skills, care, and judgment required by health team members. Signup and view all the answers

What is a professional boundary?

It separates helpful behaviors from unhelpful behaviors. Signup and view all the answers

What is a crime?

An act that violates a criminal law. Signup and view all the answers

What is false imprisonment?

The unlawful restraint or restriction of a person's movement. Signup and view all the answers

What is libel?

Defamation through written statements. Signup and view all the answers

What is negligence?

An unintentional wrong causing harm due to a lack of reasonable care. Signup and view all the answers

What does treatment refer to?

Care provided to maintain or restore health. Signup and view all the answers

What is neglect?

Failure to provide goods or services needed to avoid harm. Signup and view all the answers

What is self-neglect?

Behaviors that threaten a person's health or safety. Signup and view all the answers

What is a resident’s right in long-term care?

To have personal choice in what to wear and how to spend time. Signup and view all the answers

Who can exercise the rights of an incompetent resident under OBRA?

A responsible party such as a partner, adult child, or court-appointed guardian. Signup and view all the answers

If a resident refuses treatment, what should you do?

Report the refusal to the nurse. Signup and view all the answers

What should a student do if a resident does not want them present during treatment?

The student cannot watch, as this violates the resident's right to privacy. Signup and view all the answers

When should a resident be given personal choice?

Whenever it is safely possible. Signup and view all the answers

If a resident voices concerns about care, what must the center do?

Promptly try to correct the situation. Signup and view all the answers

What is an acceptable part of the care plan for a resident?

When a resident volunteers to take care of houseplants at the center. Signup and view all the answers

What does it mean when residents and family plan activities together?

It meets the resident's right to take part in family groups. Signup and view all the answers

What should be done with personal items like holiday decorations?

Keep and use personal items. Signup and view all the answers

What right is denied if a staff member tells a resident they cannot leave their room?

The right to be free from involuntary seclusion. Signup and view all the answers

What right may be denied if a resident is given drugs affecting mood or behavior?

Freedom from restraint. Signup and view all the answers

Which action promotes courteous and dignified care?

Assisting with dressing the resident in appropriate clothing. Signup and view all the answers

What does asking a resident for permission to touch represent?

Courteous and dignified interactions. Signup and view all the answers

Assisting a resident to ambulate while respecting independence is an example of?

Courteous and dignified care. Signup and view all the answers

How do you maintain privacy and self-determination for a resident?

Knock on the door before entering and wait to be asked in. Signup and view all the answers

How can a resident maintain personal choice and independence?

By participating in activities according to their interests. Signup and view all the answers

What are the actions an ombudsman may carry out?

Investigate and resolve complaints made by a resident. Signup and view all the answers

What is part of the code of conduct for a nursing assistant?

Recognize the limits of your role and knowledge. Signup and view all the answers

Provide an example of boundary crossing.

Hugging a person every time you see them. Signup and view all the answers

What would be classified as a boundary violation?

Keeping secrets with the person. Signup and view all the answers

What should you do if offered a gift by a person you care for?

Thank them but explain you cannot accept gifts. Signup and view all the answers

What is it called when a nurse fails to act reasonably?

Malpractice. Signup and view all the answers

What might lead to an accusation of negligence?

Failing to test the temperature of a hot soak resulting in burns. Signup and view all the answers

What happens if you fail to identify a person correctly before treatment?

You are legally responsible (liable) for your actions. Signup and view all the answers

What is called when a nursing assistant injures someone's reputation by making false statements?

Libel. Signup and view all the answers

What constitutes a violation of HIPAA?

Giving out information about a person's health care. Signup and view all the answers

What is it called when a nursing assistant claims to be a nurse?

Fraud. Signup and view all the answers

What is the action of threatening to 'tie down' a person classified as?

Assault. Signup and view all the answers

What is battery?

An individual touches a person's body without consent. Signup and view all the answers

What is defined as fraud in healthcare?

An individual tricks or fools another person. Signup and view all the answers

What is classified as false imprisonment?

Restraining or restricting a resident's freedom of movement without a physician's order. Signup and view all the answers

What is malpractice defined as in nursing?

Giving a treatment to the wrong person. Signup and view all the answers

What is slander?

A nursing assistant injures the name of a resident making false statements. Signup and view all the answers

What is libel similar to?

Writing notes falsely accusing someone of theft. Signup and view all the answers

Study Notes

Legal Terms and Definitions

Involuntary seclusion: Separating an individual against their will without consent.
Vulnerable adult: An individual aged 18 or older at risk due to disability or condition.
Boundary sign: An act that indicates a crossing or violation of personal boundaries.
Malpractice: Professional negligence leading to harm.
Fraud: Deliberate deception or trickery to gain something of value.
Criminal law: Focuses on offenses against society as a whole.
Will: A legal document detailing property distribution after death.
Protected health information: Identifiable health data maintained or transmitted in any format.

Boundary Issues in Care

Boundary crossing: A brief behavior outside of the professional relationship.
Ombudsman: Represents and advocates for the needs and rights of individuals.
Boundary violation: Engaging in acts that serve the caregiver's needs over the individual's.
Professional boundary: Distinguishes between helpful and unhelpful behaviors in a care context.

Abuse and Neglect

Battery: Unauthorized physical contact with another person.
Abuse: Intentional harm causing injury or emotional distress.
Slander: Making false spoken statements damaging another's reputation.
Defamation: Injuring someone's reputation through false statements.
Negligence: Failing to act with reasonable care, causing harm unintentionally.
Self-neglect: Dangerous behavior endangering an individual’s health.
Neglect: Failing to provide necessary goods or services to prevent harm.

Rights and Responsibilities in Care

Residents have the right to personal choice in daily activities.
Informed consent: Can be obtained from a legal representative if the individual is incapacitated.
Residents must be allowed privacy and dignity in care settings.
A refusal of treatment must be reported to the supervising nurse.

Regulations and Acts

CMS: Centers for Medicare & Medicaid Services oversees healthcare regulations.
HIPAA: Protects patient privacy and health information.
OBRA: Omnibus Budget Reconciliation Act outlines residents' rights in long-term care.

Professional Conduct

Respect resident privacy by asking for permission before entering living spaces.
Maintain professional boundaries; for example, do not accept gifts from residents.
Code of conduct: Recognize the limitations of knowledge and role as a caregiver.
Care should promote independence and dignity while being courteous.

Signs of Abuse and Reporting

Signs of elder abuse may include a caregiver’s presence during private conversations.
Discuss any suspicions of abuse with a nurse or appropriate authority.
Verbal, physical, and social abuse needs to be reported if suspected.

Critical Situations

If a resident voices concerns, action must be taken to address them.
Understanding and adhering to consent and patient rights is crucial for caregivers.
False imprisonment: Restraining someone's freedom without legal basis can have serious implications.

Handling Incidents

Report any accidents, such as breaking a resident’s belongings, as negligence.
Invasion of privacy occurs when personal communications are accessed without consent.
Deliberately ignoring a resident's request constitutes assault and is unacceptable behavior.

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Description

Test your knowledge on important legal terms and definitions relevant to caregiving. This quiz covers topics such as malpractice, boundary issues, and protections for vulnerable adults. Understand the implications of these terms in professional practice.