CH 14 Legal and Ethical Issues

Question 1

How are the legal rights of individuals with BI altered by the injury?

Answer 1

do not alter legal rights, legal representative may exercise their rights

Question 2

Why is the Patient Bill of Rights important to the individual?

Answer 2

ensures basic patient rights in treatment programs. violations are unlawful. advocate for least restrictive programming

Question 3

What are the requirements for posting a Patient Bill of Rights?

Answer 3

-prominent area
-available in other languages
-usually in lobby
-determined by accreditation

Question 4

Seclusion and restrain are used appropriately only when…

Answer 4

-measure of last resort (imminent danger, other less restrictive measures have failed)
-staff are properly trained and accountable
-appropriately prescribed

Question 5

Who may determine if an individual is legally competent?

Answer 5

only a court
competency=pt’s mental ability to understand the nature and effect of one’s decisions and acts

Question 6

What are the duties of a guardian of the person?

Answer 6

personal affairs, food, water, shelter, medical care, etc.

Question 7

What are the duties of the guardian of the estate?

Answer 7

financial and property affairs only

Question 8

what are the duties of the plenary guardianship?

Answer 8

both personal/food/water, etc and financial and property affairs

Question 9

What are the 4 basics of law?

Answer 9

Common, constitutional, statutory and administrative

Question 10

How is a living will different from a power of attorney?

Answer 10

AKA advanced directive, written instruction for care made prior to illness/injury

Question 11

What is PHI?

Answer 11

identifying info that can be linked to a person individually

Question 12

What is informed consent?

Answer 12

pt’s right to consent to care only after all risks and facts have been explained that are necessary to make an informed decision

Question 13

What is privilege?

Answer 13

right of pt to prevent disclosure of health care info by a health care provider

Question 14

Define abuse

Answer 14

willful infliction of injury, confinement, intimidation or punishment resulting in physical harm, pain or mental anguish. Also deprivation of goods and services necessary to attain/maintain well being

Question 15

Define neglect

Answer 15

usually a failure to provide for the basic needs of a dependent individual, may also include abandonment

Question 16

Define exploitation

Answer 16

use of a dependent individuals property illegally or without the consent of the individual, typically use of funds for profit

Question 17

What are staff responsibilities in reporting abuse, neglect and exploitation?

Answer 17

must report the activity immediately to the appropriate governing authorities of be subject to penalty themselves

Question 18

What is “natural” guardianship?

Answer 18

parents of child until age 18 unless legal action is taken

Question 19

Describe the importance of HIPPA

Answer 19

est in 1996, resulted in informed consent and privilege