exam 2- mental health legal Flashcards
Ethics
bioethics
e-whats right/wrong
b-study of ethical questions
Beneficence-
work to benefit pt
Autonomy-
pt make own decisions
Nonmalefience
do no harm
Justice-
distribute rescources/care equally
Fidelity-
loyalty and commitment to pt
veracity
communicate truthfully
ethical dilemma
conflict between two or more courses of action
like hospice or the one Georgia girl or anti vax
difference between legal and ethical
legal is the thing you can/cannot do by law
ethics are your beliefs on what’s right/wrong
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
Informal Admission
have
have agreed to come to facility
Voluntary Admission-
what is
have right
person applys in wirting for admission to facility
have right to request release
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
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
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
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
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
