Legal and ethical aspects of psych nursing Flashcards
what is the purpose of legislation
determine what is “right” or “good” within a society
malpractice
a tort action that a consumer plaintiff brings against a professional defendant when the plaintiff believes the professional injured him or her within the consumer-professional relationship
common liability issues
protection of clients
defamation of character
supervisory liability
short-staffing issues
examples of defamation of character
libel
slander
guidelines to avoiding liability (5)
- always put the client’s rights and welfare first
- comply with the rules and regulations in the hospital’s or agency’s policy manual
- practice within the scope of the state’s nurse practice act
- maintain current understanding and knowledge of established practice standards
- keep accurate concise and timely nursing records
basic rights of psych clients (7)
- appropriate treatment
- individualized care
- ongoing participation in treatment
- right to refuse treatment, except in emergency situation
- decision making around experimental treatment
- freedom from restraint or seclusion except during emergency situation with written provider order
- humane treatment environment
basic rights of psych clients (8)
- confidentiality of records
- right to access records
- access to visitors, telephonic and mail communications
- access to these rights
- right to assert grievance if rights are infringed upon
- right to access protection, service, and a qualified advocate in order to understand one’s rights
- right to assert these rights without reprisal
- right to referral to other providers upon discharge
informed consent
- consent that patient gives to the provider after receiving suficient information allowing patient to understand a procedure
types of sufficient information (in regards to informed consent)
- benefits/costs
- ways procedure will be administered
- prognosis
- side effects/risks
- possible consequences of refusing treatment
- other alternatives
psychiatric special considerations
- many psych clients can’t give informed consent due to their symptoms
what consent is given when informed consent is not possible
substituted consent
- is obtained in instances where competency is in question
examples of substituted consent
- health care proxy
- guardian
- next of kin
why is confidentiality very important with mental illness
- stigma
- HIPAA
- responsible record keeping
client’s employer
when would we not preserve confidentiality?
- we have a duty to warn and protect third parties
- child and elder abuse reporting statues
legal rights
- right to treatment
- right to treatment in the least restrictive environment
- right to refuse treatment
right to aftercare
parts of psych hospital admission
- voluntary admission ** just because they signed themselves in, does not mean they can sign themselves out, need evaluation **
- paperwork signed by patient
- involuntary admission (commitment)
- nature and purpose of involuntary admission
types of involuntary admission
judicial
administrative
agency
nature and purpose of involuntary admission
- emergency (NYS - 9.39)
- observational or temporary
- long-term or formal
- outpatient
Ethics
the study of philosophical beliefs about what is considered right or wrong within a society
ethical dilemma
a situation that requires a choice between morally conflicting alternatives
bioethics
used in relation to ethical dilemmas surrounding client care
five principles of bioethics
beneficence autonomy justice fidelity veracity
beneficence
duty to promote good
autonomy
the right to make one’s own decision and respect for the rights of others to make their own decisions
