Case 8 - Mental Health Act Flashcards
what are the three conditions that needs to be met before an appropriate compulsory section form is signed
the patient must be:
suffering from a mental disorder
a risk to themselves or others
unwilling to accept hospitalisation voluntarily
when is a patient placed under section 2
if they have not been assessed in hospital before or if they hadnt been assessed in hospital for a long time
what are a patients rights under section 2
appeal against detention to a tribunal during the first 14 days of detainment
Appeal to the mental health act managers
Ask for the help of an independent mental health advocate
A patients rights leaflet informing them about their legal rights
can a patient refuse treatment in section 2
patient cannot refuse treatment, however some treatments cannot be given without onset unless certain criteria is met, such as ECT
who can a patient be discharged from section 2 by
a responsible clinician
mental health act managers
nearest relative
tribunal
what is the after care of section2
before discharging, a care plan should be made under the care programme approach which will look at how a patients needs will be met
many hospitals contact within 7-14 days of discharge
what is section 3 of MHA
you are detained in hospital for treatment
is necessary
what are the two reasons a patient can be detained under section 3
- the patient has a known mental health illness and therefore assessment, under section 2 is not needed
- if a patient is transferred from section 2
what is a community treatment order
allows someone discharged from section 3 to be readmitted if they don’t obey specific conditions, for example adherence to medication
how long is detainment under section 3
up to 6 months
detention can be renewed foe a further 6 months
- this can only be done by a responsible doctor, 2 months before due date
- after that, detention can be renewed for further periods of one year at a time
what are a patients rights under section3
appeal against detection to the tribunal once during the first six months
Appeal once during the second six months if section 3 is renewed
Appeal to the MHA managers for discharge
Ask for the help of an independent mental health advocate
can a patient refuse treatment in section 3
they can’t refuse treatment
they can be treated against their will for 3 months after which they have to be seen by a second opinion appointed doctor which then decides on treatment
what does the mental health law not specifically mention
lack of decisional competence or capacity
what are the justifications for the MHL not specifically mentioning lack of decisional competence or capacity
use of coercion justified because of risk to self or others
Use of coercion justified because have a mental disorder entails lack of competence to make decisions
Mental disorder is qualitatively different from physical disorder
Tradition
what is the model of compliance used
leys model of compliance
