Ethics Flashcards
a disability severe enough to warrant hospitalization cont. treatment on monitoring
mental illness
process by which a person suffering from a mental illness, who is unable to care for self, or who is deemed a danger to self or others, maybe temporarily detained & committed to a hospital or outpatient treatment on a compulsory basis. Governed by individual states.
Involuntary Commitment
Danger to self &/ or others:, inability to attend basic needs, gravely disabled, refuses hospitalization, or incompetent to consent
Civil or judical: Long term.
Emergency: risk of harm to self or others. Short term
Criteria for involuntary commitment
Balance person’s right to freedom with protection of the MI person who is unable to care for self & the protection of society.
Due process in civil commitment
it is the responsibility of a treating mental health professional to notify an intended, identifiable victim.
Tarasoff Duty to Warm
Definite current plan to harm a specific, identifiable person, resources & ability to carry out, history of violence, impulsivity, extreme emotional changes, depression
Assessing intent to harm
regarding treatment and research participation. Must have adequate information for consent. Inform of treatment benefits and risks. Must be capable of consenting or refusing.
Ex. ECT-requires informed consent.
Informed Consent
right to due process in matters of hospitalization do not apply to minors.
Parents/guardians make decisions for minor children.
Nursing Interventions; Support child’s best interest, treat fairly, inform & involve in treatment.
Legal Rights of Children
One to one interaction
Separating the patient from the area/stimulus
Redirecting the patient.
Limit setting
Voluntary med. Administration
Quiet room/time out “staff show of determination”
Involuntary med administration
Least to Most Restrictive Alternative
Seclusion-Involuntary confinement in a specifically constructed, locked room with a security window or camera for protection of others. Provides decreased stimulation. Requires constant monitoring, nursing assessment & care, doctors order.
Restraints-Ankles & wrist devices fastened to bed from to curtail physical aggression to self/others. Must have 1:1 For safety of patient
Nurse can put pt in seclusion or restraints according to hospital policy but must get doctor’s order ASAP & doctor must assess within 1 hour. Discontinue ASAP. Careful Documentation.
Most Restrictive Alernatives
All MI are assumed competent until declared incompetent in court of law or a minor.
Legal Incompetency
Lacks the capacity to appreciate the criminality or conform to law.
Refers to persons state of mind at the time of the offense.
To be found guilty, person must be able to form intent.
If unable to form intent, person is not found guilty
If not guilty, person is usually evaluated for commitment to a hospital for treatment.
M’Naghten Rule-Insanity Defense
Not guilty by reason of insanity
Newer, possible plea in some states.
Person found guilty, but mental illness caused commission of offense.
Sent to prison & treated for mental illness.
Court commitment in DE-Mitchell @ DPC for treatment of MI, determine fitness to stand trial. dept of corrections.
~has intent but mentally ill.
Guilty But Mentally ill (GBMI)
is a branch of philosophy that deals with systematic approaches to distinguishing right from wrong behavior
ethics
is the term applied to these principles when they refer to concepts with in the scope of medicine, nursing and allied health.
bioethics
defined as conduct that results from serious critical thinking about how individuals ought to treat others. Moral behaviors reflects the way a person interprets basic respect for other person, such as the respect for autonomy, freedom, justice, honesty and confidentiality.
Moral behavior
are personal beliefs about what is important and desirable.
Values
is a process of self-exploration through which individuals identify and rank their own personal values. This process increases awareness about why individuals behave in certain ways. Important in nursing to increase understanding about why certain choices & decisions are made over others and how values affect nursing outcomes.
values clarification
“a valid, legally recognized claim or entitlement, encompassing both freedom for government interference or discriminatiory treatment and an entitlement to a benefit or service.
Right
a moral principle or a set of moral principles that can be used in assessing what is morally right or morally wrong”
ethical theory
is directly opposed to utilitarianism. argued it is not the consequences or end results that make an action right or wrong-but rather it is the principle or motivation on which the action is based that is the morally decisive factor.
Kantianism
The basis of utilitarianism is the greatest happiness principle.
utilitariansim
a situation that requires an ind. to make a choice between 2 equally unfavorable alternatives.
ethical dilemma
ones duty to benefit or promote the good of others
beneficence
to act on another behalf supporter or defender
advocacy
requirement that healthcare providers do no harm to their clients , either intentionally or unintentionally
nonmaleficence
derived from decisions made in previous cases. Apply to a body of principles that evolve from court decisions resolving various controversies.
Common law
law enacted by a legislative body, such as a county or city council, state legislature or us congress, ex. nurse acts
Statutory law
protects the private & property rights of ind. and businesses.
2 types of legal action: torts and contracts
Civil law
violation of a civil law in which an individual was wronged. Could be intentional or unintentional.
ex. malpractice & negligence actions (unintentional)
tort
one party fails to fulfill obligation–so compensation or performance of obligation is sought after.
Contracts
provides protection from conduct deemed injuries to the public welfare. Provides punishment for those found to have engaged in such contact.
Criminal Law
Duty to Warn
Duty to Protect
Exception to the Law
all ind. have the right to accept or reject treatment. Can be charged with assault and battery if pt hasn’t agreed to it-preservation and protection of individual autonomy in determining what will and what will not happen to the person’s body.
Informed consent
- Knowledge
- Competency
- Free will
To provide informed consent:
is the deliberate and unauthorized confinement of a person with in fixed limits by the use of verbal or physical means.
False Imprisonment
an instance of negligence or incompetence on the part of a professional. To succeed in a malpractice claim, a plaintiff must also prove proximate cause and damages
malpractice
change that may result when a client is searched without probable cause.
invasion of privacy
- responding to the patient
- educating the patient
- complying with the standard of care
- supervising care
- adhering to the nursing process
- documenting carefully
- following up by evaluating the care that was givent
Avoid Malpractice
