First Aid: Legal Issues in Psychiatry Flashcards
When can confidentiality be broken?
- Sharing with relevant staff members also treating pt
- If subpoenaed
- If child abuse is supected
- Tarasoff Duty (if pt is an immediate danger to others)
- If pt is suicidal
If a pt is admitted against their will (civil commitment), are they forced to stay?
-They can contest admission in court at anyt ime
What is the legal doctrine that allows civil commitment for citizens unable to care for themselves?
Parens patriae
What is required for informed consent?
- Name/purpose of treatment
- Potential risks and benefits
- Alternatives to the treatment
- Consequences of refusing treatment
- Capacity to make informed decision
When is informed consent by parents NOT required for minors?
- Obstetric care
- Treatment of STDs
- Treatment of substance abuse
When is informed consent not needed in general?
- Lifesaving medical emergency
- Suicide or homicide prevention
When is a minor considered to be emancipated?
- Self-supporting
- Military
- Married
- Have children
Who can declare someone competent?
a judge (legal term)
Who can declare that someone has capacity?
physician
What criteria must a patient meet to be considered to have capacity?
- Can communicate choice or preference
- Understands relevant info regarding treatment
- Appreciates situation and its potential impact/ understands ramifications of refusing treatment
- Can logically manipulate info regarding situation and reach rational conclusions
What is the most important factor in assessing a pt’s risk of violence?
history of violence
What factors increase likelihood of a pt becoming violent?
- History of violence
- Specific threat with plan
- History of impulsivity
- Psychiatric diagnosis
- Substance abuse
What is required criteria for a pt to be competent enough to stand trial?
- Understand charges against them
- Have ability to work with an attorney
- Understand possible consequences
- Be able to testify
What is required to find a person not guilty by reason of insanity?
- Mental illness
- Not understand right from wrong
- Not understand consequences of actions at the TIME THE ACT WAS COMMITTED
What is the most stringent statutory criteria (for guilty by reason of insanity) that assesses whether the person understands the nature, consequences and wrongfulness of his/her actions?
M’Naghten
