Ch.9 - Legal issue definitions

Question 1

Mandatory Outpatient Treatment

Answer 1

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

Question 2

Which 4 states do not have the assisted outpatient treatment?

Answer 2

Connecticut, Maryland,

Massachusetts, and Tennessee

Question 3

Conservatorship and guardianship

Answer 3

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.

Question 4

Conservator

Answer 4

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

Question 5

least restrictive environment

Answer 5

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.

Question 6

Restraint

Answer 6

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

Question 7

Seclusion

Answer 7

involuntary confinement of a person in a specially constructed, locked room equipped with a security window or camera for direct visual monitoring

Question 8

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

Answer 8

One hour

Question 9

Following release from seclusion or restraint, a debriefing session is required within ** hours.

Answer 9

24 hours

Question 10

The goal of seclusion is to give the client the opportunity to

Answer 10

regain self-control, both emotionally and physically.

Question 11

Which law is considered the one exception to the client’s right to confidentiality

Answer 11

Duty to warn

Question 12

Duty to warn

Answer 12

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.

Question 13

Insanity defense

Answer 13

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.

Question 14

Which four states do not allow insanity defense?

Answer 14

Idaho, Kansas, Montana, and Utah

Question 15

Tort

Answer 15

wrongful act that results in injury, loss, or damage.

Question 16

Unintentional tort

Answer 16

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

Question 17

Duty

Answer 17

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.

Question 18

Breach of duty

Answer 18

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

Question 19

Injury or damage

Answer 19

The client suffered some type of loss, damage, or injury.

Question 20

Causation

Answer 20

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.

Question 21

Intentional torts

Answer 21

voluntary acts that result in harm to the client. Examples include assault, battery, and false imprisonment.

Question 22

Assault

Answer 22

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

Question 23

Battery

Answer 23

harmful or unwarranted contact with a client; actual harm or injury may or may not have occurred. Examples include touching a client without consent

Question 24

False imprisonment

Answer 24

as the unjustifiable detention of a client, such as the inappropriate use of restraint or seclusion.

Question 25

What are the 3 elements to proving liability for intentional tort?

Answer 25

1. The act was willful and voluntary on the part of the defendant (nurse).
2. The nurse intended to bring about consequences or injury to the person (client).
3. The act was a substantial factor in causing injury or consequences.

Question 26

Ethics

Answer 26

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.

Question 27

Utilitarianism

Answer 27

consider which action would produce the greatest benefit for the most people.

Question 28

Deontology

Answer 28

says decisions should be based on whether an action is morally right with no regard for the result or consequences.

Question 29

Autonomy

Answer 29

person’s right to self-determination

Question 30

Beneficence

Answer 30

one’s duty to benefit or to promote the good of others.

Question 31

Nonmaleficence

Answer 31

requirement to do no harm to others either intentionally or unintentionally

Question 32

Justice

Answer 32

fairness, treating all people fairly and equally

Question 33

Veracity

Answer 33

the duty to be honest or truthful.

Question 34

Fidelity

Answer 34

obligation to honor commitments and contracts.

Question 35

ethical dilemma

Answer 35

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