Legal and Ethical Flashcards
The patient is willing to seek treatment and agree to be hospitalized
Volunteer basis
Involuntary Hospitalization curtails the patients right to
Freedom (the ability to leave the hospital when he or she wishes). All other rights remain intact.
Civil commitment
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.
occurs if patient is under voluntary hospitalization
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.
legal guardianship
application of physical force to person without permission
restraint
Occurs when a staff members physically control the patient & move him or her to a seclusion room.
human restraint
involuntary confinement in specially constructed, locked room equipped with security window or camera for direct visual monitoring
seclusion
Devices, usually ankle and wrist restraints, fastened to the bed frame to curtail the patient’s aggression (hitting, kicking, hair pulling)
mechanical restraint
When should the face-to-face be done by the Dr.?
Face-to-face evaluation in 1 hour, every 8 hours (every 4 hours for children)
How often should the physician’s order be placed/renewed?
Physician’s order every 4 hours (every 2 hours for children)
When should the documentation be done of seclusion/restraints?
Documented assessment by nurse every 1 to 2 hours
When should mental health clinicians warn third parties?
- 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?
- 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.
insanity
- 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.
nursing liability
Wrongful act resulting in injury, loss, damage
tort
What are the unintentional torts?
- negligence
* malpractice
Involves causing harm by failing to do what a responsible & prudent person would do in similar circumstances.
Negligence
Type of negligence that refers specifically to professional(nurses & physicians).
Malpractice
What are the elements to prove malpractice?
- duty
- breach of duty
- injury or loss of care
- causation
A legally recognized relationship. The nurse was acting in the capacity of a nurse.
Duty
The nurse or physician failed to conform to standard of care
Breach of duty
Patient suffered some type of loss, damage, or injury
Injury or loss of care
The loss, damage, or injury would not have occurred if the nurse had acted in a reasonable, prudent manner
causation
What are the intentional torts?
- assault
- battery
- false imprisonment
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.
Assault
Involves harmful or unwarranted contact with a patient
Battery
The unjustifiable detention of a patient (i.e. inappropriate use of restraint or seclusion).
False imprisonment
What are the three elements to prove liability?
- Willful voluntary act
- Intention to bring about consequences or injury
- Act as substantial factor in injury or consequences
theory that bases decisions on greatest good for greatest number
Utilitarianism
decisions based on whether action is morally right or wrong, with no regard for consequences
deontology
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
ethics
right to self-determination, independence
autonomy
requirement to do no harm
nonmaleficence
honesty, truthfulness
veracity
duty to benefit others or promote good
beneficence
fairness
justice
obligation to honor commitments, contracts
Fidelity
