Debon Carter
HCS 430
May 4, 2015
Lori Lewellen
A Critical Regulatory Issue in Health Care
The focus of this paper will address issues involving health care law and the individual lives it can effect. There are many critical regulatory issues in health care. However for the purpose of this paper, the critical regulatory health care issue chosen will be in the area of abuse in the long term care setting. This paper will provide an analysis that explains how abuse and neglect relates to the nature, sources and functions of the law within health care.
Nature of the Law
There have been many been different interpretations of what the act of abuse constitutes. Many nursing homes employees have …show more content…
If any long term care facility accepts funding from the government, they are expected to follow regulations and maintain compliance. When a person makes the decision to work and make a career within the health care industry, they take on a responsibility, an oath so to speak, to provide the highest quality of care possible. To ensure they provide all people not just the elderly a sense of strong character and integrity for those who are less fortunate. The health care worker should clearly understand it is an ethical responsibility and to uphold dignity when providing care and ensure safety for their patients regardless of the patient’s condition. When comparing the health care laws and common public law, the two are similar. Abuse is intentionally causing physical pain, injury, or intentionally impairing a physical condition, sexual assault, a physical act that may cause the patient to fear the possible occurrence of physical pain or injury. The fear and threats directed toward a patient by a caregiver can be considered a form of abuse. It is the responsibility of all health care providers to ensure the employee is thoroughly trained and in-serviced on what to do if they witness or someone alleges abuse has occurred. However, there are incidents in which health care providers can train their employees till they are “blue in the face” and when the employee enters the patient’s room and shuts the door, hopefully the employee exhibits ethical standards and will not make a conscious decision to mistreat the