Similar to other types of professions, there are certain rules and laws that should be followed by CNAs. These would be the laws which have been passed by local, state and the federal governments. As a CNA, if you are unable to abide by them, you may be found liable for any resulting injuries or damages. You would be able to avoid breaking any laws by doing several things. Here are some of them.
1. First off, make sure that you know, understand and follow the practice rules that have are being enforced in the state where you are working in.
2. You should only perform the tasks and the skills that you have been trained for. In the event that you are asked to do tasks which you have not been trained for, you should seek the advice of your immediate supervisor and ask for guidance.
3. Perform the tasks and duties assigned to you with utmost care and in the way that you have been trained.
4. Continue to learn or seek for further education that would help you improve your skills and capabilities.
5. In any situation that you are uncertain on what you need to do, always get the advice of your immediate supervisor.
6. Before carrying out your duties, make sure that you completely understand the directions given to you.
7. Know and understand the policies and procedures of the facility you are working in; and follow them.
8. Never harm or cause any harm to your patients.
9. Always respect your patient’s personal property.
To give you an idea of some of the most common legal issues which are associated with the work of CNAs and how to avoid them, here are some examples and circumstances.
Negligence
This would be the failure to provide the level of reasonable care to the patient, resulting to injury. It is usually caused by rushing work and by not thinking first. Some examples would be when you give your patient a bath and then because you did not check the temperature of the water first, the patient gets burned. Another would be when you give a food tray to a patient but do not double-check and the food turns out to be for another patient. As a result, the patient you gave the food to eats the food with the wrong consistency, making him choke.
Theft
This happens whenever you get any personal property of a patient, whether it is small or big, cheap or expensive.
Defamation
This would be making statements which are about another person in writing or verbally which results to the damaging of that person’s character. You should never make any announcements or statements, either verbally or in writing, about any patient or anyone without being sure that it is a fact.
Invasion of Privacy
It is important to make sure that CNAs are able to protect the rights of every patient to have their medical information kept confidential at all times. As a CNA, you should only discuss the medical condition of the patient with his doctor, his nurse/s and his close relatives.
False Imprisonment
Many nursing staff are usually confused about what false imprisonment means. It is basically defined by restraining the actions of the movements of a patient without getting the proper authorization. All patients have a right to go out of a hospital or a nursing home and there are only a few instances when CNAs and medical personnel can interfere with this right.
Also, the use of physical restraints on a patient requires orders coming from a doctor. When CNAs threaten to use them, it can be considered false imprisonment. Some examples of physical restraints would include vests, jackets, wrist, armor leg restraints, seatbelts, hand mitts, bed rails and others.
Assault and Battery
Assault would be the intentional attempt to touch or threatening to touch another person’s body; battery would be when you are actually doing so. In order to make sure that you do not break any rules that can lead you to being charged with assault and battery, it is important that you: inform the patient of everything that you would be doing; check if the patient understood what you said; ask the patient for any concerns or questions he or she might have; allow the patient to have some time to think; respect the decision of the patient to disallow any procedure; and never carry out treatment that has been refused by the patient.
Abuse
This is broadly defined as any harm done to a patient. There are many types of abuse such as physical, verbal, emotional, sexual and involuntary seclusion.
Physical abuse would include: the rough handling of a patient; hitting, slapping, kicking or punching a patient; and giving the wrong treatment to a patient.
Verbal Abuse would include: swearing while caring for a patient; raising your voice or yelling at the patient; calling the patient using unpleasant names; embarrassing the patient; teasing the patient; making threats; and using inappropriate words to describe the nationality or race of the patient.
Sexual abuse would include any behavior done which is seductive or sexually demeaning and harassing to the patient.
Emotional or psychological abuse would include: causing the patient to be afraid of you by threatening him or her or through other methods; making fun of the patient; demeaning the patient; and threatening to withhold treatment.
Involuntary seclusion happens a lot in many nursing homes. For example, a resident gets very noisy and disruptive, so a CNA moves him or her to another. Although this is a very hard spot to be in since you would want to do what is best for a majority of the people in the nursing home, you should never decide on your own when to move one resident to a secluded area. The decision should only come and orders should be given by a nurse. Some of the situations that are considered as involuntary seclusion would be: closing the door of a patient’s room when they want it to be kept open; placing a patient in a wheelchair far from other people; and leaving a patient without any way to communicate such as removing the call bell.
As a CNA, it is also important to check whether the patient is being abused by his or her family members or friends. In the event that you witness this, inform your immediate supervisor right away. Never attempt to decide on what actions need to be done to address this.