Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

NURS 406 > Chapter 4: Patient Rights, Ethics and Legal Issues > Flashcards

Chapter 4: Patient Rights, Ethics and Legal Issues Flashcards

1
Q

Key values of self determinism:

A
  1. personal autonomy
  2. avoidance of dependence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Self determinism

A

is the right to choose one’s own health related behaviors, which at times differ from those recommended by health professionals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Advanced Care Directives

A

Written instructions for healthcare when individuals are incapacitated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Power of attorney aka health proxies

A

living wills and appointment directives

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

living will

A

what treatment should be omitted or refused in the event that a person is unable to make those decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Durable power of attorney

A

A Durable power of attorney appoints a proxy (usually friend or family member), to make healthcare decisions on an individual’s behalf if that person is incapacitated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Special rules for advance directive

A

it doesn’t need to be written, reviewed or signed by attorney.

It must be witnessed by two people and notarized and applies only if the individual is unable to make their own decisions as a result of being incapacitated or unable to make decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Psychiatric Advance Directives (PADs):

A

allows pts while competent, to document their choices of treatment and care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Mental Health Systems Act

A

requires each state review and revise its laws to ensure that mental health pts receive these human rights protections and services

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

American with Disabilities

A

ensures that people with disabilities, including those with mental illness and addiction, have legal protection against discrimination in the workplace, housing, public protection etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

The Mental Health Parity and Addiction Equity Act

A

requires insurance plans to offer comparable benefits and coverage for mental and substance disorders that are offered for medical and surgical coverage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The patient Bill of Rights includes the right for a pt to refuse treatment. But this does not apply in what circumstances?

A

The right to refuse treatment, except during an emergency situation or as permitted under law in the case of a person committed by a court for treatment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

External Advocacy System

A

Financially and administratively independent from the mental health agencies

these groups advocate through negotiation and recommendation but have no legal authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Accreditation

A

The recognition or approval of an institution according to the accrediting body’s criteria

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

The Centers for Medicare and Medicaid Services (CMS)

A

sets pt rights standards for institutions seeking Medicare and Medicaid funding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Incompetent

A

unable to understand and appreciate the info given during the consent process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Competence

A

or the degree to which the patient can understand and appreciate the info given during the consent process

refers to the pt’s ability to process info at a specific time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

When is it possible to force treatement on a pt

A

when they are judged incompetent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

informed consent

A

a legal procedure to ensure that the pt knows the benefits and costs of treatment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Least Restrictive Environment

A

which means that an individual cannot be restricted to an institution when they can be successfully treated in the community

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

A pt cannot be restrained or locked in a room unless

A

all other less restrictive interventions are tried first

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Seclusion

A

involuntary confinement of a person in a room or an area where the person is physically prevented from leaving

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Why is person in seclusion?

A

for purposes of safety or behavioral management

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

The most restrictive safety measure

A

the use of restraints

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
restraints
any manual, physical or mechanical that immobilizes or reduces the ability of the pt to move
26
chemical restraints
the use of meds for restricting pt's behavior or their freedom of movement includes meds that are not part of their standard psych treatment
27
Trauma informed care
being aware of, and sensitive to doing no further harm to survivors of trauma pt needs to feel connected, valued informed and hopeful
28
How long should seclusion/restraint be used?
must be used for the minimal amount of time necessary to ensure the safety of the pt and others
29
Voluntary admission
inpt treatment reserved for pts acutely ill. if hospitalizationis required the person enters, participates and follows through with treatment.
30
When can a person who was voluntarily admitted leave the hospital?
the individual maintains civil rights and is free to leave at any time even if it AMA
31
Voluntary commitment
If pt is admitted to a public facility (full legal rights are retained)
32
Involuntary commitment
is the mandated treatment without a person's consent but with a court order
33
Three elements needed to involuntarily commit
1. mentally disordered 2. dangerous to self or others 3. unable to provide for basic needs
34
Pts who are involuntarily committed have the ________but they also may have the right to ________
right to receive treatment and right refuse it
35
How long is emergency short term hospitalization?
48 to 92 hours authorized by a certified mental health provider without court approval
36
At end of 48 to 92 hours, what happens to pt/
at end of time limited period, either individual agrees to voluntary treatment or extended commitment procedure are begun - judge must order commitment and individual is afforded several legal rights, notice of proceedings a full hearing, in which gov must prove grounds for commitment
37
Privacy
part of idividuals life not governed by society's laws and gov intrusion
38
Confidentiality
pertains to an ethical duty of nondisclosure
39
Breach of confidentiality
occurs when a nurse divulges a pt's personal info without pt's consent
40
Health Insurance Portability and Accountability Act
provides legal protection in several areas of health care, including privacy and confidentiality
41
When are health care professionals legally obligated to breach confidentiality?
when there is a judgement that the pt has harmed any person or is about to injure someone, professionals are mandated to report to authorities
42
Forensic
Pertains to legal proceedings and mandated treatment of persons with mental illness
43
Fitness to stand trial
Fitness: pt is able to consult a lawyer with a reasonable degree of rational understanding of the facts of the crime and of legal proceedings
44
Unfit to stand trial
mental or physical condition, they are unable to understand the nature and purpose of the proceedings or to assist in the defense
45
What is the next step when someone is found unfit to stand trial?
hospitalization in a forensic mental health facility
46
What is the goal of a hospitalization in a forensic mental health facility
is to help the person become fit to stand trial, not to treat the mental illness
47
How long can a person be deemed unfit?
not forever if fitness is not retain within a year, hearing is held during which the facts of the alleged crime are presented to a judge who rules on the case
48
IF charges aer dismissed by judge for crime done by unfit person what happens?
if charges are dismissed, the judge could order a civil commitment
49
If there is sufficient evidence to commit an individual who was deemed unfit,
the individual could be sent back to the hospital for further treatment to attain fitness
50
No guilty by reason of insanity
The accused is judged unable to distinguish right from wrong or to be unable to control their actions at the time of the crime rationale ruling is fairness
51
What happens to individuals found NGRI?
Nearly all pts found NGRI are subject to involuntary commitment in a secure setting
52
Guilty but mentally ill (GBMI)
is a criminal conviction person is sent to the correctional system mental illness is considered a factor of the crime but not to the extent that the individual is incapable of knowing right from wrong or controlling their actions
53
Similarities between NGRI and GBMI persons and difference
Both NGRI and GBMI persons are treated for their mental disorders,
54
difference between NGRI and GBMI persons
one is treated in jail and the other in a hospital conditions of release differ
55
Conditions of release for GBMI
individuals with a GBMI are subject to the correctional system's parole decisions
56
Conditions for release of NGRI
those with an NGRI are discharged from the hospital through the courts upon recommendation of the forensic mental health professionals
57
Probation
is a sentence of conditional or revocable release under the supervision of a probation officer for a specified time
58
Brady Act
requires background check on people seeking firearm ownership
59
Torts
a civil wrong not based on contract committed by one person that causes injury to another a wrongful act, resulting in injury, loss or damage
60
Two types of unintentional torts
1. Negligence 2. Malpractice
61
Elements needed to prove malpractice
Duty Breach of duty injury or damage causation
62
Types of Intentional torts:
1. Assault 2. Battery 3. False imprisonment
63
Three elements to prove liability for tort:
1. willful, voluntary 2. intention to bring about consequences or injury 3. act was substantial factor in injury or consequences
64
Assault
is the threat of unlawful force inflicted bodily injury upon another
65
Medical battery
intentional, unauthorized harmful or offensive contact, occurs when a pt is treated without informed consent
66
Example of medical battery
clinician does not get consent before procedure failure to respect a patient's advance directives
67
Negligence
breach of duty of reasonable care for a patient for whom a nurse is responsible that results in personal injuries
68
Five elements needed to prove negligence:
1. duty (accepting to care for pt) 2. breach of duty (failure to practice according to standards) 3. cause in fact (injury wouldn't have happened if standards were followed) 4. cause in proximity (harm actually occurred within the scope of foreseeable consequence) 5. damages (physical, emotional injury by breach of care)
69
Utilitarianism
decisions based on the greatest good for the greatest number
70
Deontology
decisions based on whether an action is right or wrong
71
Autonomy
right to self determination
72
Beneficence
duty to benefit others or promote good
73
Nonmaleficence:
Nonmaleficence: requirement to do no harm
74
Justice
Fairness
75
Veracity
Honesty, truthfulness
76
Fidelity
obligation to honor commitments and contracts
77
Deontologic principles
Autonomy Beneficence Nonmaleficence Justice Veracity Fidelity

NURS 406 (29 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions