Chapter 19 Pt 1 Flashcards
in what areas do the mental health and legal system overlap
risk assessment criminal responsibility competence/decisional capacity child custody and visitation psychic injury mental disability malpractice involuntary treatment correctional psychiatry
what is a criminal legal issue
if someone is being charged with a crime
what is a civil legal issue
cases involve other kinds of rights and may result in monetary awards
what re the 4 Ds of malpractice
Deviation (neglect) from Duty that was the Direct cause of Damage
what is the standard of care in psychiatry
the skill level and knowledge base of the average, prudent psychiatrist in a given community
what is negligence
practicing below the standard of care
what is malpractice
the act of being negligent as a doctor
which of the following 4 conditions must be proven by a preponderance of the evidence to sustain a claim of malpractice
- physician has a duty of care
- physician breached duty by practice that did not meet standard of care (negligence)
- patient was harmed
- harm was directly caused by the physicians negligence
if a malpractice case is successful the patient can receive what kind of damages
COMPENSATORY (reimbursement for medical expenses, lost salary, or physical suffering)
PUNITIVE (money award to “punish” the doctor)
what its the TARASOFF DUTY
the DUTY TO WARM
obligation of a physician to report patients who are potentially dangerous to others
when is doctor-patient confidentiality exempted
sharing relevant information with other staff members who are also treating the patients
if subpoenaed
if child abuse is suspected
if patient is suicidal
what’re the elements of informed consent
4Rs Reason for treatment Risks and benefits Reasonable alternatives Refused treatment consequences
what situations do not require informed consent
lifesaving medical emergency
prevention of suicidal or homicidal behavior
unemancipated minors
what minors do not need parental consent to make medical definitions
emancipated
what is an emancipated minor
considered competent to give consent for all medical care with our parental input or consent considered emancipated if: self-supporting in the military married have CHILDREN or PREGNANT
what is capacity
clinical term and mat be assessed by physicians
what is competence
legal term and can be decided only by a judge
decision capacity is what
TASK SPECIFIC and can fluctuate over time
what constitutes decisional capacity
understand the relevant information regarding treatment (purpose, risks, benefits)
appreciate the appropriate weight and impact of the decision
logically manipulate the information to make a decision
communicate a choice or preference
are lawyers required to report child abuse
NO but doctors are
what is a voluntary admission to a psychiatric hospital
pt requests or agrees to be admitted to the psychiatric ward
may not have right to be discharged immediately upon request
pt must have capacity and be competent to be admitted as a voluntary patient to an inpatient facility
what is an involuntary admission to a psychiatric hospital
pt must be found to be harmful to self or others or unable to provide for his/her basic needs
have legal rights to a trial to challenge their hospitalization
do not automatically lose rights to reuse treatment, inducing the involuntary administration of medication
what legal principles support involuntary hospitalization
POLICE POWER- protecting citizens from each other
PARENS PATRIAE- protecting citizens who can’t care for themselves
what four things should be considered when assessing if an impairment is a disability
activities of daily living
social functioning
concentration, persistence, and pace
deterioration or decomposition in work setting
what is a mental impairment
any mental or psychological disorder
what is a mental disability
alteration of an individuals capacity to meet personal, social, or occupational demands due to a mental impairment
what does the 6th amendment give
right to counsel, speedy trial, and to confront witnesses
