Chapter 19 Pt 1

Question 1

in what areas do the mental health and legal system overlap

Answer 1

risk assessment
criminal responsibility
competence/decisional capacity
child custody and visitation
psychic injury
mental disability
malpractice
involuntary treatment
correctional psychiatry

Question 2

what is a criminal legal issue

Answer 2

if someone is being charged with a crime

Question 3

what is a civil legal issue

Answer 3

cases involve other kinds of rights and may result in monetary awards

Question 4

what re the 4 Ds of malpractice

Answer 4

Deviation (neglect) from Duty that was the Direct cause of Damage

Question 5

what is the standard of care in psychiatry

Answer 5

the skill level and knowledge base of the average, prudent psychiatrist in a given community

Question 6

what is negligence

Answer 6

practicing below the standard of care

Question 7

what is malpractice

Answer 7

the act of being negligent as a doctor

Question 8

which of the following 4 conditions must be proven by a preponderance of the evidence to sustain a claim of malpractice

Answer 8

1. physician has a duty of care
2. physician breached duty by practice that did not meet standard of care (negligence)
3. patient was harmed
4. harm was directly caused by the physicians negligence

Question 9

if a malpractice case is successful the patient can receive what kind of damages

Answer 9

COMPENSATORY (reimbursement for medical expenses, lost salary, or physical suffering)

PUNITIVE (money award to “punish” the doctor)

Question 10

what its the TARASOFF DUTY

Answer 10

the DUTY TO WARM

obligation of a physician to report patients who are potentially dangerous to others

Question 11

when is doctor-patient confidentiality exempted

Answer 11

sharing relevant information with other staff members who are also treating the patients
if subpoenaed
if child abuse is suspected
if patient is suicidal

Question 12

what’re the elements of informed consent

Answer 12

4Rs
Reason for treatment 
Risks and benefits
Reasonable alternatives
Refused treatment consequences

Question 13

what situations do not require informed consent

Answer 13

lifesaving medical emergency
prevention of suicidal or homicidal behavior
unemancipated minors

Question 14

what minors do not need parental consent to make medical definitions

Answer 14

emancipated

Question 15

what is an emancipated minor

Answer 15

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

Question 16

what is capacity

Answer 16

clinical term and mat be assessed by physicians

Question 17

what is competence

Answer 17

legal term and can be decided only by a judge

Question 18

decision capacity is what

Answer 18

TASK SPECIFIC and can fluctuate over time

Question 19

what constitutes decisional capacity

Answer 19

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

Question 20

are lawyers required to report child abuse

Answer 20

NO but doctors are

Question 21

what is a voluntary admission to a psychiatric hospital

Answer 21

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

Question 22

what is an involuntary admission to a psychiatric hospital

Answer 22

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

Question 23

what legal principles support involuntary hospitalization

Answer 23

POLICE POWER- protecting citizens from each other

PARENS PATRIAE- protecting citizens who can’t care for themselves

Question 24

what four things should be considered when assessing if an impairment is a disability

Answer 24

activities of daily living
social functioning
concentration, persistence, and pace
deterioration or decomposition in work setting

Question 25

what is a mental impairment

Answer 25

any mental or psychological disorder

Question 26

what is a mental disability

Answer 26

alteration of an individuals capacity to meet personal, social, or occupational demands due to a mental impairment

Question 27

what does the 6th amendment give

Answer 27

right to counsel, speedy trial, and to confront witnesses