CNA > Legal and Ethical Behavior > Flashcards

Legal and Ethical Behavior Flashcards

Identify potential breaches of legal and ethical behavior in patient care (44 cards)

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1
Q

What is the purpose of legal and ethical guidelines in healthcare?

A

To protect patients and healthcare providers while ensuring high-quality care.

These guidelines are in place to keep everyone safe. Following them protects you from legal trouble and ensures the resident gets the best care.

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2
Q

What are the FIVE ethical principles in healthcare?

A
  1. Autonomy
  2. Justice
  3. Beneficence
  4. Nonmaleficence
  5. Fidelity

These guide ethical decision-making in patient care.

Autonomy means respecting the resident’s personal choices.

Justice means treating everyone fairly.

Beneficence means doing good.

Nonmaleficence means “do no harm”.

Fidelity means being faithful and keeping your promises.

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3
Q

What ethical principle allows a patient to choose their own clothing, regardless of appearance?

A

Autonomy

Autonomy, or self-determination, allows patients to make personal choices as long as they are mentally competent.

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4
Q

What ethical principle emphasizes treating all patients with respect and dignity?

A

Justice

Justice in healthcare means providing fair and equal treatment to all patients, irrespective of personal biases.

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5
Q

What is an advance directive?

A

A legal document stating a patient’s healthcare preferences.

Guides medical decisions if the patient is incapacitated. Includes living wills and durable power of attorney.

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6
Q

Define:

A Living Will

A

A document outlining a patient’s preferences for medical treatment.

Guides care decisions if a patient becomes unable to communicate.

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7
Q

What is medical durable power of attorney?

A

A legal document appointing someone to make healthcare decisions if the patient cannot.

Ensures the patient’s wishes are respected.

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8
Q

List THREE behaviors that can result in legal or disciplinary action.

A
  1. Neglect
  2. Abuse
  3. Confidentiality breaches

These behaviors can lead to termination or legal consequences. These are serious offenses.

Neglect is failing to provide care.

Abuse is causing harm.

Confidentiality breaches are talking about the resident’s private information.

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9
Q

List TWO common signs of elder abuse.

A
  1. Unexplained bruises
  2. Fearful behavior

Elder abuse should be reported immediately.

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10
Q

List TWO risk factors for resident abuse.

A
  1. Caregiver stress
  2. Patient dependency

Identifying risk factors helps prevent abuse.

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11
Q

Define:

Physical Abuse

A

Intentional infliction of harm through force.

Includes hitting, slapping, and improper restraint use.

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12
Q

Define:

Emotional Abuse

A

Actions that cause psychological harm, such as threats or humiliation.

Emotional abuse is as harmful as physical abuse.

Withdrawal and fearfulness are some signs of emotional abuse.

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13
Q

What should a CNA do if they witness abuse?

A

Report it immediately to a supervisor.

Reporting abuse is a legal and ethical obligation.

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14
Q

What type of wrongful act is characterized by a lack of intent to cause harm?

A

Unintentional tort

It occurs when a person fails to act as a reasonable person would, leading to harm without intent, such as negligence.

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15
Q

Define:

Negligence

A

It is the failure to act in a careful or competent manner, resulting in harm to a person or their property.

Example: Failure to turn a comatose patient resulting in pressure sores.

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16
Q

How can CNAs prevent negligence?

A
  • Follow care plans
  • Document properly
  • Report concerns

Negligence can lead to serious patient harm. Always follow the rules and the care plan. If you are unsure, ask the nurse.

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17
Q

What term describes confining a patient to a specific area against their will?

A

Involuntary seclusion

It restricts a patient’s freedom, which can lead to ethical and legal issues if done improperly.

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18
Q

What is the legal term for the unlawful restriction of a person’s freedom of movement?

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A

False imprisonment

It involves restricting someone’s liberty, such as using physical restraints without justification or preventing a patient from leaving a facility.

19
Q

List TWO examples of financial exploitation.

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A
  1. Stealing money
  2. Unauthorized use of a patient’s credit card

Financial abuse must be reported immediately. Examples are stealing money or unauthorized use of a patient’s credit card.

CNA Insight: Never handle a resident’s money or valuables. If they ask you to buy something, report it to the nurse.

20
Q

True or False:

It is acceptable to accept expensive gifts from patients.

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A

False

Accepting gifts may be considered unethical or exploitation.

21
Q

What is the role of an ethics committee?

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A

A group that helps resolve ethical dilemmas in healthcare.

Ethics committees ensure fair and just decisions.

22
Q

How does ethical behavior impact patient care?

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A

It ensures fairness, respect, and dignity for all patients.

Ethical care fosters trust and safety.

23
Q

Why is professional behavior important in healthcare?

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A

It ensures patient trust and safety.

Unprofessional actions can lead to legal consequences.

24
Q

List TWO examples of professional misconduct.

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A
  1. Falsifying records
  2. Patient neglect

Misconduct can result in disciplinary action.

25
# Define: **Fraud** in Healthcare
Intentionally misleading or deceiving **for financial gain**. ## Footnote Fraudulent documentation or billing is illegal.
26
How can a CNA report **suspected fraud**?
Notify a **supervisor** or **compliance officer**. ## Footnote Fraud can result in severe penalties for healthcare providers.
27
List TWO examples of **ethical dilemmas** in healthcare.
1. End-of-life decisions 2. Refusal of treatment ## Footnote Ethical dilemmas require careful consideration and consultation.
28
What could **bathing** a patient **against their will** be classified as?
Battery ## Footnote Battery involves any form of physical contact without consent, including unwanted medical procedures. Performing care without consent may be considered battery.
29
What is the **difference** between *assault and battery*?
* **Assault**: The threat of harm * **Battery**: Actual physical contact ## Footnote Both are considered abuse and are illegal.
30
Why should CNAs **follow facility policies**?
To ensure **legal compliance** and **patient safety**. ## Footnote Policies guide ethical and professional behavior.
31
What is the **difference** between *slander and libel*?
* **Slander**: Damaging someone's reputation through **spoken** falsehoods * **Libel**: Damaging someone's reputation through **written** falsehoods ## Footnote Slander is verbal defamation, whereas libel is written defamation. Both involve making false statements that harm a person’s reputation.
32
# Fill in the blank: CNAs must always **act with** \_\_\_\_\_\_ and **integrity**.
honesty ## Footnote Ethical care is based on trust and transparency.
33
What is **aiding** and **abetting**?
It is being **complicit in an unlawful action**, which includes not reporting abusive behavior witnessed in a healthcare setting. ## Footnote You are participating in an unlawful act by failing to report the observed behavior.
34
# Define: **Whistleblowing** in healthcare
**Reporting** unethical or illegal actions in a facility. ## Footnote Whistleblowers help protect patients from harm by reporting unethical or illegal actions in a facility.
35
What should CNAs do to ensure **ethical decision-making**?
* Follow policies * Seek guidance * Prioritize patient well-being ## Footnote Ethical care requires ongoing education and awareness. It should prioritize patient welfare over personal gain, focusing on fairness, respect, and potential harm to the patient.
36
What does the term ‘**scope of practice**’ refer to in healthcare?
The **legal limits and tasks** you are permitted to perform as a healthcare worker. ## Footnote Understanding your scope of practice is crucial to ensure patient safety and compliance with regulations. **CNA Insight**: This is the boundary of your job. You must know what you can and cannot do.
37
Under what condition can a CNA **refuse to perform a task**?
If it is **outside** their scope of practice. ## Footnote Refusing tasks based on personal dislike or workload is not valid; the refusal must be rooted in the legal limits of the CNA’s role.
38
List any THREE examples of tasks that are **not within** CNA's scope of practice.
1. Administering medications 2. Inserting a catheter 3. Adjusting IV rate ## Footnote Only qualified personnel administer medications. CNAs should not adjust IV rates without proper authority. CNAs can monitor and report on catheter function but cannot perform insertions, which require higher qualifications.
39
What should you do if you suspect a fellow CNA is **under the influence of alcohol at work**?
You are obligated to **report your observations** to the charge nurse immediately. ## Footnote Patient safety is paramount, and reporting concerns about a colleague’s fitness for duty is part of your ethical responsibilities.
40
How can a CNA ensure **accurate documentation**?
* Record care immediately * Use objective language * Never alter records ## Footnote Documentation errors can lead to legal issues.
41
How can CNAs prevent legal issues **in documentation**?
* Use factual statements * Avoid assumptions * Follow facility protocols ## Footnote Accurate documentation ensures legal protection.
42
# True or False: A nurse assistant should **follow verbal orders** without documentation.
False ## Footnote Orders should be documented to ensure accountability.
43
What should a CNA do if they make a **documentation error**?
**Correct it** properly and report the mistake. ## Footnote You should correct it properly and report the mistake to the nurse. **CNA Insight**: Draw a single line through the mistake, write "error," initial, and date it. Never use white-out.
44
Who **regulates nursing practice** and defines the roles of nursing assistants?
Nurse Practice Acts ## Footnote These acts outline the responsibilities, education, and certification necessary for nursing assistants.
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