exam 2- mental health legal Flashcards by Logan Kaiser

Ethics

bioethics

e-whats right/wrong

b-study of ethical questions

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Beneficence-

work to benefit pt

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Autonomy-

pt make own decisions

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Nonmalefience

do no harm

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Justice-

distribute rescources/care equally

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Fidelity-

loyalty and commitment to pt

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veracity

communicate truthfully

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ethical dilemma

conflict between two or more courses of action

like hospice or the one Georgia girl or anti vax

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difference between legal and ethical

legal is the thing you can/cannot do by law

ethics are your beliefs on what’s right/wrong

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What are Civil Rights of Mental Health patients?

c
c
free
d
c
part

Consent

Communication

Freedom from Harm

Dignity and Respect

Confidentiality

Participation in Plan of Care

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Informal Admission
have

have agreed to come to facility

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Voluntary Admission-

what is
have right

person applys in wirting for admission to facility

have right to request release

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Temporary Admission

known as
used when
or so

emergency commitment

used when they cannot make decisions on now

or so ill they need emergent care

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Involuntary Admission

when
given to

cannot

court ordered admission to facility

given to mental health, danger to self/other, disables, need of treatment

cannot leave ama

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right to treatment

free from
p
least
a
not to be

Maintaining Legal Rights & Safety Client Rights

free from any unnecessary procedures,

privacy,

least restrictive environment,

attorney

, not be subjected to lobotomies

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right to refuse treatment

can
even if
can be

Maintaining Legal Rights & Safety Client Rights

can withdraw consent at any tome

even if involuntarily committed

can be verbal or written

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when can patient not refuse meds

e s
serious
function
benefits
lacks
less

emergent situation,

serous mental illness,

function os deteriorating,

benefits outweigh harm

, lacks capacity to make decisions,

less restrictive services have not worked

right to informed consent
provided with
patients need to be informed about

Maintaining Legal Rights & Safety Client Rights

provided with basic information regarding risks and benfits

patients need to be informed on nature of problem
, purpose of treatment
risks,
alternatives,
probability it will be successful ,
risks of not consenting

rights surrounding invultary commitment

Maintaining Legal Rights & Safety Client Rights

rights surrounding invultary commitment

unconditional release

most
may be
pt can
provider
if they

most common

may be ordered by physician

patient can request release,

provider can agree to request

if they dont agree can involuntary hold

release against medical advice

in what cases
what for md

in cases where treatment seems beneficial but no real compelling reason (like safety to others)

ethical dilemma for md

conditional release

requires
individual

requires outpatient treatment

individual is evaluated for follow through

restraint

what is it
whether its

right regarding restraint and seclusion
Maintaining Legal Rights & Safety Client Rights

any device that reduce pts ability to move

wether it be physical or chemical like holding down or meds

seclusion

how different then timeout

right regarding restraint and seclusion
Maintaining Legal Rights & Safety Client Rights

confining pt to alone in area and preventing them form leaving

different from timeout because timeout is voluntary

when can nurse order restraints what can nurse do first right regarding restraint and seclusion Maintaining Legal Rights & Safety Client Rights

in emergency when danger to self/others the nurse can order restraints and then obtain an order from md always tries to calm patent down before-restraint are last resort

how often is pts condition assessed 18+ 9-17 under 9 right regarding restraint and seclusion Maintaining Legal Rights & Safety Client Rights

18 yrs older- 4hrs 9-17 2 hrs under 9- 1 hr

how ling until physician assesses when discontued how often document right regarding restraint and seclusion Maintaining Legal Rights & Safety Client Rights

after 24 hours the physcican needs to personally assess the patient will eb discounted when safer/calmer behavior document every 15 minutes

Legal considerations about pt confidentiality hipaa employer after death HIV

HIPAA-legally protects pts privacy Employer-pt needs to sign consent to give to employer After Death- do not share anything after death that could not share before HIV- reported to state but is confidential

Exceptions about pt confidentiality warn and protect third parties

obligation to warn others when they may be in danger form this patient like if they say they are going to kill someone when they get there

Child and elder abuse required

required in under 18 and over 65 and in disabled adults

How does a nurse report child abuse?

to governmental agency

Are there penalties for not reporting? are there penalties for reporting if no actual abuse

can result in misdemeanor most are protected under good faith by providing immunity

Tort Law

any harm that is done to patient wether intentional or non intentional

intentional torts a b fi iop

assault- threat to make person scared of you battery- actual harmful things false imprisonemnt- person is confined invasion of privacy- breaking confidences or taking photographs

unintentional torts n m

negligence- failure to use appropriate care in situation -like questioning orders and protecting from self harm malpractice -professional negligence

duty five elements required to prove negligence

when the nurse is capable to care for patient

Breach of Duty five elements required to prove negligence

if you do not meet standard of care that other nurses would be expected to supply

Cause in Fact five elements required to prove negligence

if it were not for what this nurse did/ did not do, would the injury have occurred

Proximate Cause five elements required to prove negligence

wether the event was foreseeable or not

Damages five elements required to prove negligence

include actual damages as well as pain and suffering