Law & Ethics Flashcards
Tarasoff I indicates a duty to ______, while Tarasoff II indicates a duty to ___________
I: warn; II: protect
WHat was the ruling of Durham v United STates?
(1954) an individual is not criminally responsible if an unlawful at was the product of mental disease or mental defect. This is the “product test” This has now been replaced by teh American Law Institute standard (a patient should not be held criminally responsible if a person 1) could not appreciate the wrongfulness of the conduct and 2) could not conform the conduct to the requirements of the law)
What are teh 4 ds of establishing medical malpractice?
a dereliction of duty directly causes damage (fiduciary relationship, negligence, damage); burden of proof is “a preponderance of the evidence”
What is “mens rea”?
criminal intent
What is the M’Naghten rule?
an individual was not guilty by reason of insanity if the person did not know the nature of what he or whe was doing or did not know it was wrong. (1843). right-wrong test
What is “actus reus”?
a criminal act. Along with mens rea (criminal intent), it is needed to prove criminal responsibility
What was the outcome of Dusky vs the United States?
(1960) Competency to stand trial requires the ability to rationally consent with one’s attorney adn 2) understand the proceedings in factual and rational terms
What is “parens patriae”?
The state acts as a parent for those unable to care for themselves. One of the bases, along with the doctrine of police power (to preserve public safety), of involuntary hospitalization–if patient is imminent danger to others or is unable to care for themselves
What is “habeas corpus”?
the stae shall not “deprive any person of life, liberty, or property, without due process of the law”. Under habeas corpus, citizens can petition the court when detained to decide whether or not they are being held lawfully
When shoudl malingering be suspected?
1) litigation (esp if patient is referred by a lawyer); 2) discrepancy between objective findings and patient’s complaints; 3) diagnosis of antisocial personality disoder; 4) failure to comply with the evaluation and recommended treatments
In alcohol withdrawal, tremors begin ________ hours after cessation, followed by psychotic and perceptual abnormalities within ________ hours.
tremors: 6 to 8 hours
psychotic/perceptual abnormalities: 8 to 12 hours
T/F: You can have delusions in dysthymia and adjustment disorder.
False!
The ____________ is a test specifically deisnged to evaluate short term memory, which can be affected during ECT.
Brown-Peterson Task
What personality disorders are associated with factitious disorder by proxy?
borderline and histrionic
What is given in hypertensive crisis to decrease BP?
Phentolamine, an alpha blocker (nonselective)
