exam 2- mental health legal Flashcards

1
Q

Ethics

bioethics

A

e-whats right/wrong

b-study of ethical questions

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2
Q

Beneficence-

A

work to benefit pt

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3
Q

Autonomy-

A

pt make own decisions

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4
Q

Nonmalefience

A

do no harm

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5
Q

Justice-

A

distribute rescources/care equally

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6
Q

Fidelity-

A

loyalty and commitment to pt

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7
Q

veracity

A

communicate truthfully

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8
Q

ethical dilemma

A

conflict between two or more courses of action

like hospice or the one Georgia girl or anti vax

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9
Q

difference between legal and ethical

A

legal is the thing you can/cannot do by law

ethics are your beliefs on what’s right/wrong

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10
Q

What are Civil Rights of Mental Health patients?

c
c
free
d
c
part

A

Consent

Communication

Freedom from Harm

Dignity and Respect

Confidentiality

Participation in Plan of Care

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11
Q

Informal Admission
have

A

have agreed to come to facility

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12
Q

Voluntary Admission-

what is
have right

A

person applys in wirting for admission to facility

have right to request release

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13
Q

Temporary Admission

known as
used when
or so

A

emergency commitment

used when they cannot make decisions on now

or so ill they need emergent care

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14
Q

Involuntary Admission

when
given to

cannot

A

court ordered admission to facility

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

cannot leave ama

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15
Q

right to treatment

free from
p
least
a
not to be

Maintaining Legal Rights & Safety Client Rights

A

free from any unnecessary procedures,

privacy,

least restrictive environment,

attorney

, not be subjected to lobotomies

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16
Q

right to refuse treatment

can
even if
can be

Maintaining Legal Rights & Safety Client Rights

A

can withdraw consent at any tome

even if involuntarily committed

can be verbal or written

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17
Q

when can patient not refuse meds

e s
serious
function
benefits
lacks
less

A

emergent situation,

serous mental illness,

function os deteriorating,

benefits outweigh harm

, lacks capacity to make decisions,

less restrictive services have not worked

18
Q

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

Maintaining Legal Rights & Safety Client Rights

A

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

19
Q

rights surrounding invultary commitment

Maintaining Legal Rights & Safety Client Rights

A

rights surrounding invultary commitment

20
Q

unconditional release

most
may be
pt can
provider
if they

A

most common

may be ordered by physician

patient can request release,

provider can agree to request

if they dont agree can involuntary hold

21
Q

release against medical advice

in what cases
what for md

A

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

ethical dilemma for md

22
Q

conditional release

requires
individual

A

requires outpatient treatment

individual is evaluated for follow through

23
Q

restraint

what is it
whether its

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

A

any device that reduce pts ability to move

wether it be physical or chemical like holding down or meds

24
Q

seclusion

how different then timeout

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

A

confining pt to alone in area and preventing them form leaving

different from timeout because timeout is voluntary

25
Q

when can nurse order restraints

what can nurse do first

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

A

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

26
Q

how often is pts condition assessed

18+

9-17

under 9

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

A

18 yrs older- 4hrs

9-17 2 hrs

under 9- 1 hr

27
Q

how ling until physician assesses

when discontued

how often document

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

A

after 24 hours the physcican needs to personally assess the patient

will eb discounted when safer/calmer behavior

document every 15 minutes

28
Q

Legal considerations about pt confidentiality

hipaa
employer
after death
HIV

A

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

29
Q

Exceptions about pt confidentiality

warn and protect third parties

A

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

30
Q

Child and elder abuse

required

A

required in under 18 and over 65 and in disabled adults

31
Q

How does a nurse report child abuse?

A

to governmental agency

32
Q

Are there penalties for not reporting?

are there penalties for reporting if no actual abuse

A

can result in misdemeanor

most are protected under good faith by providing immunity

33
Q

Tort Law

A

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

34
Q

intentional torts

a
b
fi
iop

A

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

35
Q

unintentional torts

n
m

A

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

malpractice -professional negligence

36
Q

duty

five elements required to prove negligence

A

when the nurse is capable to care for patient

37
Q

Breach of Duty

five elements required to prove negligence

A

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

38
Q

Cause in Fact

five elements required to prove negligence

A

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

39
Q

Proximate Cause

five elements required to prove negligence

A

wether the event was foreseeable or not

40
Q

Damages

five elements required to prove negligence

A

include actual damages as well as pain and suffering