Chapter 6: Legal/Ethical Flashcards
Define Ethics
Ethics: The study of philosophical beliefs about what is considered right or wrong in a society
Bioethics
Bioethics: Used in relation to ethical dilemmas surrounding health care
Ethical dilemma
Ethical dilemma: Conflict between two or more courses of action, each with favorable and unfavorable consequences
What are the Five Principles of Bioethics
Beneficence: The duty to promote good
Autonomy: Respecting the rights of others to make their own decisions
Justice: Distribute resources or care equally
Fidelity (nonmaleficence): Maintaining loyalty and commitment; doing no wrong to a patient
Veracity: One’s duty to always communicate truthfully
What are the three types of admissions
Informal admission—sought by patient
Voluntary admission—sought by patient or guardian
Involuntary commitment—without patient’s consent
Mentally ill
Danger to self or others
Unable to acquire basic necessities
What are the two types of involuntary commitment
Emergency commitment (temporary admission)
Person confused or demented; emergency admission
Used for observation, diagnosis and treatment
Generally for 24 to 96 hours
Court hearing before discharge or next admission
Assisted outpatient treatment
Court-ordered
Due Process in Involuntary Commitment
Any person who is involuntarily committed by a county board of mental illness, who is detained, confined, or restrained of their liberty, is entitled at any time to file a writ of habeas corpus to challenge an unfair or unconstitutional confinement.
A habeas corpus petition attacking a criminal conviction or sentence shall be filed within two years from the date of final judgment in the trial court or within one year from either final disposition of the direct appeal in state court or the time for filing such appeal has expired, whichever is later.
Least restrictive alternative doctrine
Least restrictive alternative means an available program or facility that fosters independent living, that is the least confining for the client’s condition and where service and treatment are provided in the least intrusive manner reasonably and humanely appropriate to the individual’s needs.
Name three types of Discharge Procedures
Conditional release
Unconditional release
Release against medical advice (AMA)
Name the three Patients’ Rights Under the Law
Right to treatment
Right to refuse treatment
Right to informed consent
Describe the patients right to informed consent
Indicates that the patient has been provided with basic understanding of risks, benefits, and alternatives
Person must voluntarily accept treatment
To be effective legally, it must be informed and in general a physician or advanced practice provider must obtain the consent.
Describe additional patient rights under the law
Rights regarding involuntary commitment and psychiatric advance directives
Rights regarding restraint and seclusion
Right to confidentiality
Describe the legal considerations regarding patient confidentiality
Health Insurance Portability and Accountability Act (HIPAA)
Confidentiality after death
Confidentiality of professional communications
Confidentiality and human immunodeficiency virus (HIV) status
Exceptions to the rule
Duty to warn and protect third parties
Child and elder abuse reporting statutes
Worker’s Compensation Claims
Care coordination
Describe the three types of tort law
Tort—a civil wrong for which money damages may be collected by the injured party (plaintiff) from the responsible party (the defendant)
Intentional tort—willful or intentional acts that violate another person’s rights or property
Assault
Battery
False imprisonment
Invasion of privacy
Defamation of character (slander or libel)
Unintentional tort—unintended acts against another that produce injury or harm
Negligence
Malpractice
What are the Five Elements required to Prove Negligence
Duty
Breach of duty
Cause in fact
Proximate cause
Damages
