2.3.1: Patient Rights

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Page ID: 67564

Erin O'Hara-Leslie, Amdra C. Wade, Kimberly B. McLain, SUNY Broome

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Patients have the right to receive care that is respectful, compassionate, competent, and that protects their dignity and privacy. Patients have a right to live and be cared for in a safe environment. In addition to keeping a patient’s environment clean and hazard free, providing for a safe environment means that patients are not abused or neglected. Abuse means causing harm to another person. There are many forms of abuse.

Physical Abuse

Physical abuse is any harm, whether unintentional or intentional in which a patient’s body is harmed. This includes slapping, punching, kicking, biting, cutting, bruising, burning, spitting at, pushing, shoving, restraining a person, or handling a person in a rough manner. Physical abuse includes forcing a patient to do something they do not want, such as eat or bathe.

Emotional Abuse

Emotional abuse is abuse that occurs through emotionally causing harm to a person. This includes name calling, yelling at, humiliating, threatening, intimidating, insulting, making fun of a person, treating a person like a child or as if they are unable to think or make their own decisions. Threatening a person in order to make them do something or to not tell on you for something you did or for threatening the patient is also considered emotional abuse. Threatening to take away a patient’s belongings, time spent engaging in pleasurable activities, or to isolate a patient (such as put them in a locked room alone) are all considered emotional abuse.

Financial Abuse

Financial abuse is abuse that occurs with regard to a patient’s finances. This includes stealing money or property, improperly using a person’s money for things other than the intended purpose, taking advantage of a person’s finances, and threatening to cause physical/emotional harm if a person does not give a person their money.

Sexual Abuse

Sexual abuse is abuse that occurs when a person is touched in a way in which they do not wish to be touched. This includes fondling, unwanted touching, and any unwanted sexual activity. Sexual abuse also includes exposing oneself to a person and showing someone pornographic materials that they do not wish to see, or taking pornographic pictures of a person without their consent.

Domestic Violence

Domestic violence is abuse that occurs by spouses, intimate partners, or family members. It can include any type of abuse discussed above, such as physical abuse, emotional abuse, financial abuse, or sexual abuse.

Neglect

Neglect is when a person is harmed by a caregiver, (whether it is a family member or a healthcare worker), when the caregiver fails to provide necessary care. This includes failing to clean a patient up who is soiled, failing to bathe a patient, failing to provide food or fluids to a patient, and failing to turn and position a bedridden patient. Neglect can be just as harmful as abuse. Remember, a patient depends on their HHA/PCA to provide them with the care they need to live.

Home Health Aides/Personal Care Aides must NEVER abuse or neglect a patient in any way. they must also work to protect their patient from abuse/neglect by others, and report ANY suspected abuse/neglect immediately to their supervisor.

Signs of Abuse and Neglect to Report:

New or unexplained bruises
Marks that look like they were made from belt straps, buckles, objects, or teeth
Burns that are unexplained or that are in unusual shapes or places
Bruises, bleeding, discharge, pain, or swelling in the genital area
Fractures, dislocated bones, new limping or inability to put weight on a leg or use an arm
Pressure ulcers and skin tears
Unexplained mood changes, especially during or after visits from family
Clothing that does not fit, is torn, dirty, or inappropriate for the weather
Unsafe and unclean living conditions
Weight loss, poor appetite, or if the patient appears to be hungry and not well fed
Bedding and incontinence briefs that are always soiled and appear to have not been changed in a long while
Rashes, pain, redness in the perineal area (area between the genitals and anus) from lack of cleaning the patient after they have voided
Violence in the home that a HHA/PCA witnesses including physical or emotional abuse
Comments made by the patient that indicate abuse or neglect, including reports of family members stealing or using the patient’s money inappropriately

Remember, Home Health Aides/Personal Care Aides are legally responsible for reporting any suspected abuse/neglect. Failure to report suspected abuse/neglect, or actually engaging in any type of abuse/neglect can result in legal and criminal action against a Home Health Aide/Personal Care Aide.

They should document their observations of abuse and contact their supervisor to report their findings. They must use their senses-what did they hear, see, smell or touch that indicates abuse may be or is occurring? They should not be judgmental in their reporting and should not try to interpret what they think is going on.

If abuse is suspected or observed, a report is made by making a phone call to a local Child Protective Services or Adult Protective Services agency. When making the report, Home Health Aides/Personal Care Aides will be asked for specific information about their observations. Remain calm and report only the facts. They may also be asked to provide a written report. their agency will provide them with specific training and guidelines for reporting abuse.

Self Check Activity \(\PageIndex{1}\)

Which of the following are signs of abuse or neglect?

Bite marks
Unexplained bruises
A family member stealing a patient’s jewelry
Allowing a patient to lie in their feces and urine for several hours
Threatening to take away a patient’s treasured necklace if they do not get up to bathe.
Pushing a forkful of food into a patient’s mouth harshly when they refuse to open their mouth.
Yelling at the patient in a loud voice
Telling the patient they are lazy when they refuse to get out of bed
Not pureeing food for a patient who cannot chew and who is on a pureed diet so that they cannot safely eat
A new pressure sore appears on Monday after the patient’s caregiver was supposed to take care of the patient over the weekend

Answer

ALL AnswerS ARE SIGNS OF ABUSE

Feedback:

Bite marks, unexplained bruises, observing or learning about a family member or friend stealing jewelry or money from a patient, yelling, name-calling, or using threats are all signs of abuse. Not properly cleaning a patient or turning and positioning a patient every two hours are considered to be neglect and are also forms of abuse.