Caring for Older Adults Holistically, 4th Edition Chapter Four Legal and Ethical Considerations Regarding the Elderly Person

Caring for Older Adults Holistically, 4th Edition Ethics  Study of moral actions and values  Consider values of a person and the relationships of those values  Need to understand your own value system and ethical framework

Caring for Older Adults Holistically, 4th Edition Ethics  Patient’s Bill of Rights  Adopted by American Hospital Association  Outlines ethical behaviors appropriate for care of hospital patients  Nursing homes also have Resident’s Bill of Rights

Caring for Older Adults Holistically, 4th Edition Ethics  Most professional organizations have ethical codes that guide practice  Standards of care identify legal and ethical models of care

Caring for Older Adults Holistically, 4th Edition The Law  Rules and regulations that guide society  Possible legal approach to care may conflict with your ethical value system  Ethical-legal dilemmas occur  Possible to give legal but unethical care  Nurses work under federal and state laws

Caring for Older Adults Holistically, 4th Edition The Law  Nurse Practice Act  State laws that identify requirements for licensure and limits of nursing practice  Vary from state to state  Facility policy and procedures  Must be in line with state and federal laws

Caring for Older Adults Holistically, 4th Edition The Law  Negligence  Failure to use care and caution when providing care  Malpractice  Failure to do something that should have been done  Omission  Omit something that is ordered or expected

Caring for Older Adults Holistically, 4th Edition Use of Restraints  OBRA stopped routine use of restraints on the elderly  Short-term restraints require a physician’s order  If used, restraints must be monitored closely and removed frequently  Use of restraints must be carefully documented  Restraint-free environment requires education of staff

Caring for Older Adults Holistically, 4th Edition Informed Consent  Provide all information on treatment or procedures  Form must be signed  Nurse acts as advocate

Caring for Older Adults Holistically, 4th Edition Elder Abuse  Elder abuse is increasing in this country  Abuser is usually a close family member  Family members experience burn out due to lack of understanding and ability to care for elderly person  Report suspected abuse to your supervisor, legal authorities

Caring for Older Adults Holistically, 4th Edition Sexual Needs  Nurses should provide appropriate opportunities for the elderly to express intimate and sexual needs  Provide privacy  Consenting partners

Caring for Older Adults Holistically, 4th Edition Elder Abuse  Types of abuse  Inflicting pain or injury  Withholding food, housing, basic needs  Confinement  Theft or mismanagement of assets  Sexual abuse  Threatening to do any of above