Legal and Ethical

Question 1

The patient is willing to seek treatment and agree to be hospitalized

Answer 1

Volunteer basis

Question 2

Involuntary Hospitalization curtails the patients right to

Freedom (the ability to leave the hospital when he or she wishes). All other rights remain intact.

Answer 2

Civil commitment

Question 3

Release unless danger to self or others; if such danger present, then commitment proceedings instituted to detain the patient against his or her will, until a hearing can take place to decide the matter.

Answer 3

occurs if patient is under voluntary hospitalization

Question 4

separate from civil commitment for hospitalization. The court appoints a person to act as a legal guardian. The patient with a guardian loses the right to enter into legal contracts or y the court agreements. The person assigned by the court can manage all financial affairs of the patient.

Answer 4

legal guardianship

Question 5

application of physical force to person without permission

Answer 5

restraint

Question 6

Occurs when a staff members physically control the patient & move him or her to a seclusion room.

Answer 6

human restraint

Question 7

involuntary confinement in specially constructed, locked room equipped with security window or camera for direct visual monitoring

Answer 7

seclusion

Question 8

Devices, usually ankle and wrist restraints, fastened to the bed frame to curtail the patient’s aggression (hitting, kicking, hair pulling)

Answer 8

mechanical restraint

Question 9

When should the face-to-face be done by the Dr.?

Answer 9

Face-to-face evaluation in 1 hour, every 8 hours (every 4 hours for children)

Question 10

How often should the physician’s order be placed/renewed?

Answer 10

Physician’s order every 4 hours (every 2 hours for children)

Question 11

When should the documentation be done of seclusion/restraints?

Answer 11

Documented assessment by nurse every 1 to 2 hours

Question 12

When should mental health clinicians warn third parties?

Answer 12

• If the client is a danger to others?
• IS the danger the result of serious mental illness?
• Is the danger serious?
• Are the means to carry out threat available?
• Is the victim accessible?

Question 13

• Legal meaning but no medical definition
• Person unable to control his or her actions or understand the difference between right and wrong at time of crime (M’Naghten Rule)
• The public perception is that the person accused of the crime “gets off” and is free immediately.

Answer 13

insanity

Question 14

• Responsibility for providing safe, competent, legal, ethical care
• Nurses are expected to meet the standards of care, meaning the care they provide to patients meets set expectations and is what any nurse in a similar situation would do.

Answer 14

nursing liability

Question 15

Wrongful act resulting in injury, loss, damage

Answer 15

tort

Question 16

What are the unintentional torts?

Answer 16

• negligence

* malpractice

Question 17

Involves causing harm by failing to do what a responsible & prudent person would do in similar circumstances.

Answer 17

Negligence

Question 18

Type of negligence that refers specifically to professional(nurses & physicians).

Answer 18

Malpractice

Question 19

What are the elements to prove malpractice?

Answer 19

• duty
• breach of duty
• injury or loss of care
• causation

Question 20

A legally recognized relationship. The nurse was acting in the capacity of a nurse.

Answer 20

Duty

Question 21

The nurse or physician failed to conform to standard of care

Answer 21

Breach of duty

Question 22

Patient suffered some type of loss, damage, or injury

Answer 22

Injury or loss of care

Question 23

The loss, damage, or injury would not have occurred if the nurse had acted in a reasonable, prudent manner

Answer 23

causation

Question 24

What are the intentional torts?

Answer 24

• assault
• battery
• false imprisonment

Question 25

Involves any action that causes a person to fear being touched in a way that is offensive, insulting, or physically injurious without consent or authority.

Answer 25

Assault

Question 26

Involves harmful or unwarranted contact with a patient

Answer 26

Battery

Question 27

The unjustifiable detention of a patient (i.e. inappropriate use of restraint or seclusion).

Answer 27

False imprisonment

Question 28

What are the three elements to prove liability?

Answer 28

• Willful voluntary act
• Intention to bring about consequences or injury
• Act as substantial factor in injury or consequences

Question 29

theory that bases decisions on greatest good for greatest number

Answer 29

Utilitarianism

Question 30

decisions based on whether action is morally right or wrong, with no regard for consequences

Answer 30

deontology

Question 31

branch of philosophy dealing with values of human conduct (rightness and wrongness of actions) and goodness or badness of motives and ends of such actions

Answer 31

ethics

Question 32

right to self-determination, independence

Answer 32

autonomy

Question 33

requirement to do no harm

Answer 33

nonmaleficence

Question 34

honesty, truthfulness

Answer 34

veracity

Question 35

duty to benefit others or promote good

Answer 35

beneficence

Question 36

fairness

Answer 36

justice

Question 37

obligation to honor commitments, contracts

Answer 37

Fidelity