Ch.9 - Legal issue definitions Flashcards
Mandatory Outpatient Treatment
requirement that clients continue to participate in treatment on an involuntary basis after their release from the hospital into the community
EX: taking prescribed medication, keeping appointments with health care providers for follow-up, and attending specific treatment programs or groups
Which 4 states do not have the assisted outpatient treatment?
Connecticut, Maryland,
Massachusetts, and Tennessee
Conservatorship and guardianship
People who are gravely disabled; are found to be incompetent; cannot provide food, clothing, and shelter for themselves even when resources exist; and cannot act in their own best interests may require appointment of a conservator or legal guardian.
Conservator
person assigned by the court to manage all financial affairs of the client. This can include receiving the client’s disability check, paying bills, making purchases, and providing the client with spending money
least restrictive environment
client does not have to be hospitalized if he or she can be treated in an outpatient setting or in a group home. It also means that the client must be free of restraint or seclusion unless it is necessary.
Restraint
direct application of physical force to a person without his or her permission to restrict his or her freedom of movement.
Can be human or mechanical restraint
Seclusion
involuntary confinement of a person in a specially constructed, locked room equipped with a security window or camera for direct visual monitoring
If use of restraint or seclusion is needed for the patient, how long is the required amount of a time a licensed practitioner needs to visit patient and have a face-to-face evaluation? A. 1 hr B. 2hr C. 3he D. 4hr
One hour
Following release from seclusion or restraint, a debriefing session is required within ** hours.
24 hours
The goal of seclusion is to give the client the opportunity to
regain self-control, both emotionally and physically.
Which law is considered the one exception to the client’s right to confidentiality
Duty to warn
Duty to warn
mental health clinicians may have a duty to warn identifiable third parties of threats made by clients, even if these threats were discussed during therapy sessions otherwise protected by privilege.
Insanity defense
The argument that a person accused of a crime is not guilty because that person cannot control his or her actions or cannot understand the wrongfulness of the act is known as the M’Naghten Rule. When the person meets the criteria, he or she may be found not guilty by reason of insanity.
Which four states do not allow insanity defense?
Idaho, Kansas, Montana, and Utah
Tort
wrongful act that results in injury, loss, or damage.
Unintentional tort
Negligence and Malpractice
involves causing harm by failing to do what a reasonable and prudent person would do in similar circumstances. Malpractice is a type of negligence that refers specifically to professionals such as nurses and physicians
Duty
legally recognized relationship (i.e., physician to client, nurse to client) existed. The nurse had a duty to the client, meaning that the nurse was acting in the capacity of a nurse.
Breach of duty
he nurse (or physician) failed to conform to standards of care, thereby breaching or failing the existing duty. The nurse did not act as a reasonable, prudent nurse would have acted in similar circumstances
Injury or damage
The client suffered some type of loss, damage, or injury.
Causation
The breach of duty was the direct cause of the loss, damage, or injury. In other words, the loss, damage, or injury would not have occurred if the nurse had acted in a reasonable, prudent manner.
Intentional torts
voluntary acts that result in harm to the client. Examples include assault, battery, and false imprisonment.
Assault
any action that causes a person to fear being touched in a way that is offensive, insulting, or physically injurious without consent or authority. Examples include making threats to restrain the client to give him or her an injection for failure to cooperate
Battery
harmful or unwarranted contact with a client; actual harm or injury may or may not have occurred. Examples include touching a client without consent
False imprisonment
as the unjustifiable detention of a client, such as the inappropriate use of restraint or seclusion.
What are the 3 elements to proving liability for intentional tort?
- The act was willful and voluntary on the part of the defendant (nurse).
- The nurse intended to bring about consequences or injury to the person (client).
- The act was a substantial factor in causing injury or consequences.
Ethics
branch of philosophy that deals with values of human conduct related to the rightness or wrongness of actions and to the goodness and badness of the motives and ends of such actions.
Utilitarianism
consider which action would produce the greatest benefit for the most people.
Deontology
says decisions should be based on whether an action is morally right with no regard for the result or consequences.
Autonomy
person’s right to self-determination
Beneficence
one’s duty to benefit or to promote the good of others.
Nonmaleficence
requirement to do no harm to others either intentionally or unintentionally
Justice
fairness, treating all people fairly and equally
Veracity
the duty to be honest or truthful.
Fidelity
obligation to honor commitments and contracts.
ethical dilemma
situation in which ethical principles conflict or when there is no one clear course of action in a given situation. For example, the client who refuses medication or treatment is allowed to do so on the basis of the principle of autonomy
