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