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CNA legal
Legal Terms, Resident/Pt Rights & Restraints
| Question | Answer |
|---|---|
| Standard of Care | The correct conduct and performance when completing patient care |
| Duty | Acting as another reasonable healthcare worker would act |
| Breach of Duty | Acting in an unacceptable way |
| Direct or Proximate Cause | What happened directly or indirectly caused a problem/injury |
| Injury | Pt must be harmed in some way from the act noted in malpractice claim |
| Neglect/Negligence | Doing or failing to do something for the patient that causes an injury. Usually unintentional |
| Intentional Acts | Purposely intending to do a wrongful act. These may or may not be considered “abuse.” |
| Assault | Putting another in fear of being touched in an offensive way. |
| Battery | Touching without consent. |
| False Imprisonment | Detention of a person against their will. |
| Invasion of Privacy | Revealing personal information about a person without their consent |
| Abuse | Causing physical or mental harm |
| Physical Abuse | Causes harm to the body |
| Psychological Abuse | causes mental injury |
| Financial Abuse (misappropriation or larceny) | Taking personal items from the patient (stealing) |
| Defamation of Character | Injury to a person’s reputation or character. |
| Slander | Oral defamation |
| Libel | Written defamation |
| Nominal Damages | A small amount awarded just to say the HC worker was wrong |
| Compensatory Damages | An amount that puts the injured person into the same state as before the injury |
| Punitive Damages | An amount meant to punish |
| Advanced Directive | A document that allows a person to choose their medical care even when they cannot physically do this!! |
| Living Will | Describes what should or should not be done in case of emergency |
| Durable Power of Attorney for Healthcare | Names a person who will make all the healthcare decisions for the person |
| Good Samaritan Act | Protects persons that help at the scene of an accident, when no duty is present. |
| Patient/Resident Rights | List of rights for all patients in a healthcare facility |
| DNR | "Do Not Resuscitate" Order written by a doctor to not perform CPR on a pt |
| Malpractice | Requires duty to pt; breach of duty; direct or proximate cause; pt injury |
| Fraud | Deception that could cause harm to another person |
| Chemical Restraint | Medication that alters a pt’s mood or behavior, such as sedatives. |
| Physical Restraint | Device attached to or near to a pt’s body to limit their freedom or access to their body. |
| Isolation | Placing a person in a room that they cannot leave without permission. |
| Vest Restraint/Posey Vest | vest straps cross in front & tied to frame of bed |
| Limb Restraint | used on arm or leg, usually used in ICU |
| Mitt Restraint | looks like padded mitten |
| Lap Restraint | used in chairs or wheelchair to prevent pt from getting up |
| Lap Buddy | placed on wheelchair to prevent pt from getting out |
| Geri chairs | Large chair with tray in front |
| Checks to do with restraints every 2 hours | Remove restraint; Take to bathroom or offer bedpan; Exercise limbs & reposition; Check skin; Offer nourishment or water |
| Checks to do with restraints every 15 minutes | Check breathing for vest restraint; Check circulation (color, movement, sensation, warmth) for limb restraint |
| Things to do before using physical restraints | Move pt close to others, Use a volunteer to watch them, use distraction, have family visit Use pressure sensitive monitors/alarms or wandering devices. |