L10-Ethical and legal issues in Psychiatry

Question 1

What do competent adults have the right to refuse in terms of treatment?

Answer 1

All treatment even if life saving without explanation

Question 2

What should be assumed about capacity?

Answer 2

Should be assumed unless proven otherwise

Question 3

What are mentally ill allowed to refuse in terms of treatment?

Answer 3

They are allowed to refuse treatment for somatic symptoms

Question 4

What 4 things must someone be able to do to be deemed competent?

Answer 4

Take in and retain information
Understand the information
Weigh up the options
Make and communicate a decision

Question 5

How can you justify overruling refusal of treatment?

Answer 5

If it is believed that the individuals mental illness is affecting their morals then refusal can be overruled in their best interest.

Question 6

What are the ethical problems with noncompetent individuals decisions being overruled?

Answer 6

May assume that patients that are mentally ill are incompetent.
Discriminates between physically and mentall ill patients (but for a good reason)

Question 7

What does section 37 of the mental health act allow and why are mentally ill that are dangerous treated differently to criminals?

Answer 7

It allows mentally ill people that are deemed a danger to society to be detained indefinitely. This is different to criminal law because criminals are detained after they have committed an act that they are aware of. For mentally ill people this would not be appropriate as they are not responsible for their actions.

Question 8

What are the three routes for compulsory admission under the mental health act and what are their grounds?

Answer 8

Section 2 - admission for assessment, nature and degree of illness warrants detention - lasts 28 days
Section 3 - admission for treatment, nature of illness warrants treatment and detention - lasts 6 months but can be renewed
Section 4 - emergency admission, nature and degree of illness warrant detention - lasts 72 hours

Question 9

What was the 2007 mental health ammendment?

Answer 9

Outcry from public that could be detained before criminal act so ammended to must be treatment available to detain someone under section 3. Not enough to just be a danger to society.