ch 5 legal and ethical issues in mental health nursing Flashcards
the psychiatric client’s right to receive treatment and to have confidential medical records is legally protected through this law. the law passed in 1996 and established national standards for the protection of electronic medical records. privacy breaches could lead to harm to the nurse-patient relationship; harm to the client’s well-being; grounds for corrective action; and liabilities for the hospital and health care workers.
HIPPA
healthcare professionals respect the rights of others to make their own decisions, to reject forced treatment, or withhold consent at any time. this right takes into consideration the client’s right for choice or autonomy and beneficence, actions that benefit others. retraction of consent previously given must be honored, whether it is verbal or written.
right to refuse treatment
a category of civil law that commonly applies to health care practice. it is a civil wrong for which monetary compensation may be collected by the injured party (the plaintiff) from the wrongdoer (the defendant)
tort
an act, or failure to act, that breaches the duty of due care, and results in or is responsible for another person’s injuries
negligence
an obligation that may result in a breach of confidentiality on the part of the health care worker to warn third parties when they may be in danger from a client
duty to warn
admission to a psychiatric facility without the client’s consent
involuntary commitment
the rights of personal liberty guaranteed under two U.S. constitutional amendments (the right to vote, to religious freedom and practice, and to humane care and treatment to exercise, to press charges against another person)
civil rights
a specific term that refers to the ethical questions that arise in healthcare
bioethics
the client or guardian seeks psychiatric inpatient care and treatment through a written application to the facility, the client also has the right to a written application to demand and obtain release from the hospital whereby the facility staff reevaluates the client’s condition for possible conversion to involuntary status if needed according to criteria established by state law.
voluntary commitment
an ethical principle that refers to one’s duty to act so as to benefit or promote the good of others
beneficence
an intentional threat designed to make the victim fearful. it produces reasonable apprehension of harm.
assault
the least drastic means be taken to achieve a specific purpose. for example, if someone can safely be treated for depression in an outpatient setting, acute care inpatient hospitalization would be unnecessarily disruptive to the individual and more costly. another example is use restraints, where time out, medications, and seclusion must be attempted and failed before manual restraints can be implemented.
least restrictive doctrine
the duty to distribute resources or care equally regardless of personal attributes such as socioeconomic class, race, sexual orientation, etc
justice/ distributive justice
the landmark 1970’s case against the University of California that viewed public safety to be more important than privacy in narrowly defined circumstances
Tarasoff v regents of the University of California
designed for the intention of protecting children and can be found in all 50 states and the District of Columbia
child abuse reporting statues
this doctrine is the preservation and protection of individual autonomy in determining what will, and what will not happen to a person’s body
informed consent
results when there is a conflict between two or more courses of action, each carrying with them favorable or unfavorable consequences. Health care workers respond based on their morals, beliefs, and values
ethical dilemma
maintaining loyalty and commitment to the client and doing no wrong for the client. for example, maintaining expertise in nursing skills through certification demonstrates fidelity to client care.
fidelity
one’s duty to communicate truthfully. for example, describing the side effects of antipsychotic medication in a truthful and non-misleading way.
veracity
the harmful or offensive touching of another person
battery
the deliberate and unauthorized confinement of a person within fixed limits by the use of verbal or physical means, including the use of seclusion and restraints
false imprisonment
one of the main functions of this type of nursing expert is to establish the competency and fitness of a psychiatric patient to stand trial in a court of law
forensic nurse examiner
this principle presumes that individuals are always capable of making their own independent choices, including making informed decisions
autonomy
the ethical principle that states it is a requirement for healthcare professionals to do no harm to client’s either intentionally or unintentionally
nonmaleficence
