Case 8 - Mental Health Flashcards
what is your duty of care as a doctor
make the care of your patients your first concern
protect and promote the health of patient and public
treat patients as individuals and respect their dignity
respect parents right to reach decisions with you about their treatment and care
what is common law
known as case law or precedent, is law developed by judges through decisions of courts rather than through statutes
when common lae becomes too complex to manage then parliament needs to consolidate all known cases and developed tests or precedents and produce statute to allow those applying It to have a framework to follow
the mental capacity at is an example of case law consolidated into statute
what is capacity
everyday ability that individuals possess to make decisions or to take actions that influence their life
what is capacity (2)
legal and not a medical concept
ability to make a decision
relates to a particular decision
relates to a particular time
person may be able to make some decisions but not others
can vary over time
what is the mental capacity act
provides the legal framework for acting and making devisions on behalf of individuals who lack the mental capacity to make particular decisions for themselves
everyone working with and or caring for a person over the age of 16 who may lack capacity to make specific devisions must comply with this act when making decisions or acting for the person
the same rules apply whether the decisions are life changing events or everyday mattes
legal framework to empower and protect people who may not be able to make their own decisions
clarity around decision making - who, what situations, how to go about it
enable planning ahead for when a person may lose capacity - choice
what are the principles of the mental capacity act
a person must be assumed to have capacity unless it is established that he lacks capacity
a person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success
a person is not to be treated as unable to make a decision merely because he makes an unwise decision
an act done, or devision made, under this act for or on behalf of a person who lacks capacity must be done, or made in his best interests
before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way which is less restrictive of the persons rights and freedom of action
what is the capacity test
understand information related to the devision
retain information related to the decision
use or weigh that information as part of the process of making the decision
communicate the decision.
what is a mental disorder
any disorder or disability of the mind
what are the guiding principles of the MHA
least restrictive option and maximising independence
Empowerment and involvement
Respect and dignity
Purpose and effectiveness
Efficient and equity
what is the criteria for detention under the MHA
suffering from a mental disorder of a nature or degree which warrants the detention of the patient in hospital for assessment for at least a limited period and;
The person ought to be so detained in the interests of his won health or safety or with a view to the protection of other persons
what does section 1(3) state
that dependence on alcohol or drugs is not considered to be a disorder or a disability of the mind for the purposes of the definition of mental disorder in the act
can alcohol or drug dependence be a factor in mHA?
alcohol or drug dependence may be accompanied by, or associated with a mental disorder which does fall within the acts definition. if the relevant criteria are met, it is therefore possible for example to detain people who are suffering from a mental disorder even though they are also dependent on alcohol or drugs
what Is section 2
assessment, lasts up to 28 days
what is section 3
treatment, lasts for up to 6 months, renewable for another 6 months and then 12 months
what is section 4
emergencies, lasts for up to 72 hours
