VIOLATIONS OF CRIMINAL LAW

Abuse
• Abuse, the repetitive and deliberate infliction
of in­jury on another person, is a criminal act,
and is punishable by a court of law.
• A person can commit abuse by actively doing
something to another per­son, or by failing to
do something for another per­son, such as
provide adequate care or attention.
• Abuse takes many forms. The injury that results
from the abuse may be physical or emotional.
 Forms of Abuse
• Physical abuse results in injury to the abused
person's body. Striking, biting, slapping, shaking,
and handling another person roughly are all
actions that make up physical abuse.
• In a situation where one person depends on
another for care, the caregiver can commit
physical abuse by failing to provide for the basic
physical human needs (adequate food and drink
and physical cleanli­ness) of the person in his or her
care.
• In the health .care setting, failure to reposition
a person frequently can lead to pressure
ulcers and is also considered a form of physical
abuse.
• Failure to feed a patient adequately, resulting
in malnutrition is also considered physical
abuse.
 Psychological (Emotional) Abuse
• Psychological (emotional) abuse can be in­
flicted in many ways. Making another person
fearful by threatening him with physical harm
or abandonment is one form of psychological
abuse, as is teasing a person in a cruel way.
• Isolating a person by preventing him from
interacting with others (an act called
involuntary seclusion) is an­other form of
psychological abuse.
• Involuntary seclusion can involve keeping a
person in a room alone with the door closed.
In extreme cases, it may involve locking a
person in a closet or basement for years.
 Sexual Abuse
• Sexual abuse is forcing another person to en­gage in
sexual activity. Making inappropriate advances on
people.
Risk Factors for Abuse
• Anyone can become the victim of abuse, but those
who depend on others for their care (the very
young, the disabled, and the elderly) are par­
ticularly at risk. The greater the extent of disability,
the more at risk the person is for abuse or neglect
 Elder Abuse
• Elder abuse is the abuse of an older person
• Among elderly people who depend on others
for their care, 1 in 10 is abused or neglected
by family members, health care providers and
other care providers
• Elder abuse takes many forms:
• Infliction of physical pain or injury
• Failure to provide food, water, care, and
medications
• Involuntary confinement or seclusion
• Withholding of pension checks and other
sources of income (or intentional
mismanagement of their money)
• Sexual abuse
 Perpetrators of Abuse
• There are many reasons why a person may be­come
abusive toward another. Sometimes, abuse is
rooted in the desire of one person to overpower
and dominate another.
• Many abusers were vic­tims of abuse themselves.
Other times, in a situ­ation where a person requires
a great deal of care, the primary caregiver may
become overly tired, frustrated, and overwhelmed
by the responsibil­ity of providing care, leading to
abuse and neg­lect
• This is often the case with an adult child who finds
herself in the situation of caring for an ill and
demanding elderly parent, without the proper training
or support system.
• Even people who are trained to administer care may
become overwhelmed by their responsi­bilities or a
particular situation.
• A health care worker is particularly at risk for becoming
abu­sive when the patient is "difficult" or hard to
manage, and the relationship is long-term, rather than
short-term.
• Regardless of the reason abuse occurs, abuse
is never an acceptable form of behavior!
• Be very careful not to place yourself in the
posi­tion of potentially abusing a patient or
resident.
• Being found guilty of abuse could destroy your
potential for future employment in the health
care field.
 Role of the Nurse in Reporting Abuse
• As a nurse, you may find yourself in a situation
where you suspect that one of your pa­tients
is being abused. Laws require that any health
care worker who suspects the abuse of a child
or elderly person must report his or her
suspicions to the proper authorities.
• Your facility or agency will have specific
policies regarding the chain of reporting.
Some organizations will require that you
report to your supervi­sor or nurse in charge,
whereas others require reporting to a risk
management representative.
• It is not your responsibility to investigate
whether or not abuse has actually occurred,
or who has caused it.
• During your career, you will be exposed to a variety
of circumstances and situations
• Always bear in mind the legal responsibilities and
obliga­tions that you have as a caregiver.
• There may be many times when you wonder
whether a situa­tion poses legal liability issues for
you or your employer.
• Make sure that you are familiar with your
employer's policies, and with your duties and
obligations as listed in your job description.
• Do not perform duties that are not described in
your job description, and always ask your super­
visor any questions you may have regarding legal
issues.
• Be aware of the limits of practice for nurs­es in
your country; these limits are set by each country’s
certification agency ‘
• Keeping yourself informed is critical to ensure that
the care you give is within the legal limits of your
job.