Legal & Ethical Behaviours Flashcards

Forgetting to raise the side rails as ordered causes a resident to fall and be injured. This could be called

Answer: neglect to keep the resident safe.

Neglect occurs when a caregiver fails to provide the necessary care, supervision, or services to maintain a resident's physical and mental health and safety. Forgetting to raise side rails as ordered is a direct failure to follow a safety protocol, which led to injury, thus constituting neglect. This action demonstrates a breach of the caregiver's duty to ensure the resident's well-being.

After your elderly neighbor falls, he is admitted to your unit. Another neighbor asks you how he's doing. Your best response is

Answer: "I know this is awkward, since we both know him. But now that he's a patient, I can't discuss him."

This response upholds patient confidentiality, which is a legal and ethical obligation under HIPAA. As a healthcare professional, a CNA cannot disclose a patient's protected health information (PHI) to unauthorized individuals, even if they know the patient personally. Acknowledging the awkwardness while firmly stating the professional boundary is the most appropriate and respectful way to handle the situation.

If the nurse aide is concerned about client care, who should the nurse aide speak to FIRST?

Answer: The nurse in charge

The nurse in charge is the immediate supervisor for nurse aides and is responsible for overseeing client care on the unit. They are the first point of contact for concerns, as they have the authority and knowledge to address issues, make decisions, or escalate them appropriately within the chain of command. This ensures timely intervention and proper resolution of care concerns.

While at work, you receive a call from someone who says he is a client's nephew. He asks about his uncle's condition. However, he is not on the client's list of approved people who can have access to his condition. What should you say?

Answer: "Can I please have your contact information? I'll have someone get back to you."

This response protects patient confidentiality by neither confirming nor denying the patient's presence or condition, while also providing a professional way to handle the inquiry. The CNA should not disclose any information to an unverified caller. By taking contact information, the CNA allows the nurse or appropriate staff member to verify the caller's identity and relationship to the patient, and then return the call if authorized.

The nurse aide should refuse to perform a task if the

Answer: nurse aide has not been trained to do it.

Nurse aides are legally and ethically obligated to only perform tasks for which they have received proper training and are competent. Performing an untrained task could lead to harm for the resident and liability for the CNA and the facility. It is crucial for CNAs to understand their scope of practice and refuse tasks outside of it to ensure resident safety.

When starting a job, when is HIPAA training mandatory?

Answer: During initial orientation.

HIPAA (Health Insurance Portability and Accountability Act) training is mandatory for all healthcare employees to ensure they understand and comply with patient privacy regulations. This training is typically provided during the initial orientation period before an employee begins direct patient care. This ensures they are aware of their legal and ethical responsibilities from day one.

Proper use of a waist restraint requires that the nurse aide

Answer: monitor for skin irritation.

When using any restraint, it is crucial for the nurse aide to regularly monitor the resident for potential complications. Skin irritation, redness, pressure sores, and circulatory impairment are common risks associated with restraints. Frequent monitoring and proper application are essential to ensure the resident's safety and comfort, preventing harm from prolonged pressure or friction.

A client with metastatic cancer has an Do-Not-Resuscitate (DNR) advance directive. If the client's heart rate begins to slow, what should you do?

Answer: Notify the nurse, in case supportive measures are in place.

Even with a DNR order, a nurse aide's primary responsibility is to observe and report changes in a resident's condition to the nurse. A DNR order means no resuscitation efforts will be initiated, but it does not mean other supportive or comfort measures should be withheld. The nurse needs to be aware of the change to assess the situation, provide comfort care, or adjust the care plan as appropriate.

Keeping information confidential about a client is

Answer: a legal responsibility.

Keeping client information confidential is a fundamental legal responsibility mandated by laws such as HIPAA. Breaching confidentiality can lead to severe penalties, including fines, legal action, and loss of certification. It is also an ethical obligation, building trust between the client and healthcare provider and protecting the client's privacy and dignity.

You get a call from someone claiming to be a client's nephew while you are at work. He enquires about his uncle's health. He is not, however, on the client's list of authorized individuals who can view his condition. What ought I to say?

Answer: "Can I please have your contact information? I'll have someone get back to you.".

This response protects patient confidentiality by neither confirming nor denying the patient's presence or condition, while also providing a professional way to handle the inquiry. The CNA should not disclose any information to an unverified caller. By taking contact information, the CNA allows the nurse or appropriate staff member to verify the caller's identity and relationship to the patient, and then return the call if authorized.

A standard of care is a way to guarantee that medical staff always meets ALL requirements, EXCEPT

Answer: Fast

Standards of care are established guidelines that define the appropriate level of care expected from healthcare professionals. They ensure that care is safe, competent, and delivered by trained individuals, minimizing risks and promoting positive outcomes. While efficiency is desirable, 'fast' is not a primary component of a standard of care, as rushing can compromise safety and quality.

Patients may become aggressive and assault nursing assistants. If this occurs, you ought to ______.

Answer: back away from the patient and talk to them in a calm voice.

When a patient becomes aggressive, the immediate priority is to ensure safety for both the patient and the caregiver. Backing away creates physical space, reducing the risk of injury, while speaking calmly can help de-escalate the situation. It's important to avoid confrontational actions and seek assistance from other staff or the nurse after ensuring immediate safety.

A few nurse's assistants head to a restaurant once their shift is over. The acceptable conversational topics would be

Answer: the weather

Discussing patients, surgical procedures, or hospital politics outside of a professional setting violates patient confidentiality (HIPAA) and professional ethics. Healthcare professionals have a legal and ethical obligation to protect patient privacy. General topics like the weather are appropriate for casual conversation among colleagues, as they do not involve protected health information or sensitive workplace matters.

The occupant suffers injuries from a fall because a nurse's assistant forgot to lift the side rails of a bed. This is known as

Answer: Neglect

Neglect occurs when a caregiver fails to provide the necessary care, supervision, or services to maintain a resident's physical and mental health and safety. Forgetting to raise side rails, as ordered, is a failure to follow a safety protocol, directly leading to harm and thus constituting neglect. This is a breach of the caregiver's duty to ensure the resident's well-being.

Which of the following could result in a nurse assistant losing their position on the State Registry and possibly disqualifying them from working in nursing homes?

Answer: Being charged of resident neglect in a legal court case.

Being found guilty of resident neglect, abuse, or misappropriation of property in a legal court case is a serious offense that will almost certainly result in the loss of a CNA's certification and placement on the State Registry's abuse registry. This disqualifies them from working in healthcare settings, particularly those receiving federal funding. The other options, while potentially leading to job termination, do not typically result in permanent loss of state certification.

When suddenly they hear a scream coming from the adjacent room, the nurse's assistant is giving the patient a bed bath. What ought to the nurse assistant do?

Answer: Secure the safety of the patient first before leaving the room.

In an emergency, a CNA's immediate priority is to ensure the safety of the patient they are currently with. This means making sure the patient is not in immediate danger (e.g., covering them, ensuring they won't fall) before quickly leaving to investigate the scream. Abandoning a patient mid-procedure or ignoring a potential emergency are unacceptable actions, as the current patient's safety must be secured first.