Legal Issues for Caregivers
What is the “Standard of Care”? The "Standard of Care" describes what your average, professional peer would do in any given clinical situation. It becomes important if you or a co-worker are ever accused of harming a client or acting in an unprofessional manner.
LEGAL ISSUES THAT CAN AFFECT CAREGIVERS
Abuse & Neglect—Abuse and neglect are ongoing problems in our health care system that can have serious legal consequences. Actions can be considered abuse and neglect if they have a negative effect on a client’s physical, mental and/or psychological well-being. Examples include:
- Failing to provide proper nutrition, hydration, personal hygiene, protection against falls, and failing to report if a client is being abused by someone else.
- Restraining clients when it’s unnecessary or without a doctor’s order.
Assault & Battery—Assault involves threatening another person with physical harm. Battery involves touching someone with the intention of causing harm. Any rough treatment, including hitting, pinching or pushing, can be considered battery.
Libel and Slander—Slander is making statements that injure someone’s reputation. Libel is when these statements are put in writing.
Invasion of Privacy—Every client has the right to privacy. This right is invaded by failing to keep personal information confidential or by not shielding the client’s body.
False Imprisonment—In health care settings, restraining clients (or parts of their bodies) for even a short time may be seen as false imprisonment.
Theft—Taking anything that does not belong to you, regardless of the value, is considered theft.
Drug Abuse and Diversion—Drug abuse is defined as the habitual use of drugs to alter one's mood, emotion, or state of consciousness. Drug diversion is when a healthcare worker "diverts" medication that is supposed to go to the client. In other words, the healthcare worker says the client took the medication, and may even chart it, but then takes all or a part of the medication for his or her own personal use.
HOW TO AVOID LEGAL TROUBLE
One of the best defenses against the charges of a lawsuit is good charting. Always make sure your documentation is completed in a timely manner, contains only the facts, identify the time and date on every note, and includes information about any communication you had with other members of the health care team regarding the care you gave.