Legal and Ethical Flashcards
what seven areas need to be considered when thinking about clinical scenarios
- rights
- autonomy
- beneficence and non-maleficence
- justice
- fidelity
- veracity
- trust and reciprocity
Rights
right form the basis of most profession, codes, legal judgement and consider ideas such as self-determination rights, rights and cultural relativism the right to health care and right to privacy and confidentiality
Automony
people are free to choose, maker their own decisions and act on their own preference so long as they dont impinge on the moral interest of others,
Beneficence
“above all, do good” a positive obligation on nurses to act in the benefit of others clients and whanau
Justice
can be considered as fairness, nurses frequently face decisions in which a sense of justice should prevail (mental health act), facilitating what is due and owed to a consumer e.g. their rights.
Fidelity
being faithful to agreements and responsibilities one has undertaken.
Veracity
telling the truth, consumers expect nurses to be truthful in matters such as planned treatment/ any limits to autonomy
Trust and Reciprocity
trust that colleagues will act in a way that is mutually supportive and do not harm each other. Essential of building trust in working relationships.
Section 30 MHA92 (mental disorder)
inpatient order every patient order shall require the continued detention of the patient in the hospital specified in the order or where the patient is being detained. the admission of the patient and his/her detention in the hospital soufl be specified for the purpose of treatment and shall require the patient to accept treatment
Section 8 MHA92
Any person may fill out an application form. Anyone who believed that a person may be suffering from a mental disorder may at any time fill out an application form asking the director of Area mental health services for an assessment of the person , if at anytime the patient during current inpatient oder responsible clinician patient and continue treatment outside notice in writing is required.
Section 16 MHA92
judges review. at any stage during the first (section 11) and second (section 13) periods of assessment and treatment, an application may be made by the court for a review if the clients status. The judge will consider all reports , client and others involved in client care in order to determine the person is subject to the act, must stay in the act or can be released from the act. A RN (usually case manager) is expected to write a second opinion report for this hearing and accompany the client.
Section 2 MHA92
interpretation, in this act unless the context otherwise requires. Biometric information, clinical means, court means, deputy director means, district inspector means, duty authosior means, first period means, fit to be released from compulsory status means, health practitioners hospital means… ect.
Section 4 MHA92 (exceptions)
exclusions: the act cannot be invoked solely by reason o the person’s
- political, religious or personal beliefs
- persons sexual preference
- person’s criminal or delinquent behaviour
- substance abuse
- intellectual disability
how could a nurse help to minimise feelings of powerlessness for people committed under the act?
communication, involvement and some authority over care and care planning, therapeutic communication
can we put someone under the act who is refusing to take their medication for a physical condition?
no, someone can only be placed under the mental health act if they are a danger to themselves or others.
non-maleficence
“above all, do no harm” in providing care it obligated nurses to remain fro acts that unnecessarily cause injury or harm of suffering
paternalism
when nurse believe they know what’s best for the consumer (i.e in their best interest) and that they are most qualified to speak on the consumers behalf.
What is the MHA 1992
legislation that sets out the circumstances for treating service users with a mental illness/ disorder
- it protects service rights
- a tool to protect people from harming themselves and also the public
- allows for review and judicial enquiries
- can force people to have treatment and assessment
Service user rights
right one: the right to information
right two: respect for cultural identity
right three: the right to an interpreter
right four: the right to appropriate treatment
right five: the right to be informed about care
TREATMENT
right six: the right refuse video recording
right seven: the right to independent
PSYCHIATRIC ADVICE
right eight: the right to legal advice
right nine: the right to company
right ten: the right to have visitor and make phone calls
right eleven: the right to send and receive mail
Services in the community
the mental health services in the community, sector bases, hereford centre, support groups
- doctors/ GP- SPOE
- crisis resolution, emergency department
- police
What is a serious danger
- serious danger has a wide meaning and includes danger to your physical or mental health or safety, or danger to the physical or mental health or safety of any other person
Exceptions Sec 4 MHA 92
you cannot be placed under the MHA because of your
- political, religious or cultural beliefs or sexual preference
- criminal or delinquent behaviour
- substance abuse
- intellectual disability
Ethics as a nurse
- privacy
- beneficence
- professional behaviour
- autonomy versus making decisions over someone
- consent not needed
- family not included
role as an RN MHA
- assists in keeping family informed
- contribute to assessments and nursing care plans
- ensure service users are aware of their rights
- maintain safety of service users and others
- be aware of their legal status
- section 111 of the MHA
- assess for any cultural or spiritual considerations
