Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Mental Health > Legal and Ethical Issues > Flashcards

Legal and Ethical Issues Flashcards

1
Q

The nurse who works in the mental health setting is RESPONSIBLE for practicing what?

A
  1. Ethically
  2. Competently
  3. Safely
  4. In a manner consistent with all local, state, federal laws
  5. Follow the ethical principles
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Nurses are expected to meet what care?? What does it mean????***

A

Standards of Care!
This means the CARE nurses provide for clients MEETS certain expectations and is what any nurse in a similar situation would do

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the legal rights of patients in the Mental Health setting????

A
  1. The right to treatment and care
  2. ## Informed consent and right to refuse treatmentThey have the same civil rights as any other citizens, including the right to:
  3. Vote
  4. Granting, Forfeiture, or Denial of a driver’s license
  5. Press legal charges against another person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the civil rights that patients in the mental health setting have?

A

The Right to:
1. Vote
2. Granting, Forfeiture, or Denial of a driver’s license
3. Press legal charges against another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the written plan of care or treatment that includes in mental health setting??????

A
  1. Discharge follow up
  2. PARTICIPATION in the care plan
  3. COMMUNICATION with family members, Attorneys, other HCP ONLY IF THE PATIENT GIVES PERMISSION!!!!!!
  4. Care with LEAST RESTRICTIVE INTERVENTIONS to meet their needs
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Would you give someone who is in mental health the most restrictive intervention as possible to help them??

A

NO!!!! Give care with LEAST RESTRICTIVE INTERVENTIONS!!!!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Should you talk about the patient’s plan of care to their family member??** When should you share patient’s information????

A

YES!!! But ONLY WHEN THE PATIENT GIVES PERMISSION!!!!!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is Ethical Dilemma??? What is an Example?

A

A conflict between two or more courses of action
- Not always “cut and dry”
- EX: The client who refuses medication or treatment is allowed to do so based on principles of autonomy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What should a nurse use to decide moral issues???? What are they???

A

Ethical principles!!
Beneficence, nonmaleficence, Autonomy, justice, fidelity, and veracity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is Beneficence?? Example??

A

Doing good for others!

EX: A nurse helps a newly admitted patient to feel safe in the facility’s environment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is Nonmaleficence?? Example??

A

Do No Harm!!!!! doing no harm to patients.
EX: Not giving a diabetic patient a Coke so that their disease does not get worse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is Autonomy??

A

The patient’s right to make their own decision (such as refusing treatment).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is Justice??

A

Fair and Equal treatment for all

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is Fidelity?? Example??

A

Loyalty and faithfulness to the patient and duty.
EX: A nurse who told their patient they’d be back in 30 minutes actually comes back 30 minutes later to check up on them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is Veracity??

A

Being honest and truthful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is HIPPA for?? Who should the nurse share patient’s information to?

A

Protects patient’s right to privacy.
- The nurse should ONLY share patient’s information with those implementing treatment for the client.
- ONLY if the client GIVES PERMISSION then the nurse can share information to others not involved in their treatment plan!!!!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When are the ONLY time in mental health you can break Confidentiality?????????**

A
  1. Duty to Warn and protect a third party
  2. Reporting a child abuse
  3. Reporting elderly abuse
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

If a patient told you that they were raped and told you not to tell anyone, what would you do as a nurse??????*****

A

Tell them that you are going to bring this issue to the team’s attention so that we can provide better help!!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What should you do if you become aware that a client’s privacy is violated (for ex, if a convo in the elevator is overheard)????

A

Immediately take action to STOP the violation!!!!!!

20
Q

What are the 4 models/steps for ethical decision-making??

A
  1. Gather information
  2. Clarify values
  3. Identify options
  4. Identify legal considerations and practical restraints
21
Q

What is Informal admission?????

A

This is the LEAST RESTRICTIVE form of admission.
1. The client does NOT pose a risk to self or others
2. The client is FREE to leave the hospital at any time, EVEN against medical advice AMA

22
Q

What is the last restrictive form of admission?????

A

Informal admission!!!!

23
Q

Can the patient with Informal admission leave the hospital at any time and day??

A

The client is FREE to leave the hospital at any time, EVEN against medical advice AMA!!!

24
Q

What is Voluntary Admission????

A
  1. The client CHOOSES admission to receive treatment
  2. The client is considered competent, and so they have the RIGHT TO REFUSE meds and treatment!!!
  3. Before release, a client can be evaluated; if deemed necessary, the care provider can INITIATE an involuntary admission
25
Q

What is Temporary emergency admission??

A
  1. Admitted for emergent health care due to the inability to make decisions
  2. Mental health provider can initiate the admission, which then is evaluated by care provide such as psychiatrist
  3. The length of stay for temporary admission varies depending on their need. MOST LIKELY NOT EXCEED 15 DAYS
26
Q

For temporary emergency admission, what is their length of stay????

A

No longer than 15 days!!!

27
Q

What is Involuntary admission???**

A
  1. The client enters the facility AGAINST THEIR WILL
  2. The length of stay varies
  3. RISK OF HARM TO SELF, OTHERS, OR THE INABILITY TO PROVIDE SELF-CARE
28
Q

What are the other criteria for Involuntary admission???

A
  1. Presence of mental illness
  2. Requires treatment but can’t seek it voluntarily
  3. Usually requires the signature go 2 phyicisians
  4. An involuntary admission is LIMITED TO 60 DAYS when a psychiatrist and legal review is required
  5. Client IS COMPETENT and HAS THE RIGHT TO REFUSE MEDS AND TREATMENT
  6. Client is INCOMPETENT and is appointed a temporary/permanent guardian, like a family member
  7. The guardian signs consent for the client
29
Q

What are client rights regarding Seclusion and Restraints???

A
  1. Restraints are either pHYSICAL or CHEMICAL
  2. Patient CAN request a Time-out (as LITTLE AS POSSIBLE)
  3. Time-out should be done FOR SHORT OF TIME AS POSSIBLE!
  4. Does not guarantee patient’s safety or of others or saff
30
Q

What is the Difference between a timeout and a Seclusion??????

A
  • A Time-out is when the PATIENT is the one ASKING for it!!
  • A Seclusion is an involuntarily confinement in a locked room with security window and camera!!!
31
Q

What are some other less restrictive measure than seclusions/restraints??

A
  1. Verbal interventions
  2. Diversion or redirection
  3. Provide a calm, quiet environment
  4. ***Offering PRN meds
32
Q

What should not the nurse use Seclusion or restraint for?????

A
  1. Convenience for the staff
  2. Punishment
  3. Patients who can’t tolerate it
  4. Patients who are extremely unstable
33
Q

When seclusions or restraints have been ordered, what should the nurse do after????

A
  1. The provider must prescribe the seclusion written
  2. Time limits for seclusion include:
    - Age >18: 4 hr
    - Age 9-17: 2 hr
    - Age <8: 1 hr
  3. If the need for seclusion continues, the provider must REASSESS the client and REWRITE the prescription
  4. Assess their safety and physical needs:
    - Document their behavior
    - Offer food & fluids
    - Toilet
    - Monitor Vital signs
    - Monitor for pain!!
34
Q

What should you DOCUMENT of someone in Seclusion????** AND How often should you document???

A

Document every 15 to 30 minutes! :
1. Precipitating events & behaviors
2. Alternate actions taken to avoid seclusions
3. Time treatment began
4. The client’s current behavior

35
Q

When can the nurse use seclusion without obtaining a provider’s written order in an Emergency???

A
  1. If initiated, the nurse must obtain the order within a specified time. USUALLY 15 TO 30 minutes
  2. Once the client is no longer a risk, the seclusion must be DISCONTINUED. A new order would be needed if necessary!
36
Q

When a patient voluntarily come in, would they be able to just leave whenever they want??? What is the EXCEPTION????

A

YES!! They have the right to leave anytime!! UNLESS they start giving danger to self or others.

37
Q

If the patient gets out of seclusion and starts acting out again, would it be okay to put them in seclusion again without an order????

A

NEVER EVER EVER!!!!! IF A PT GETS OUT OF SECLUSION AND STARTS ACTING OUT AGAIN, YOU CANNOT JUST PUT THEM IN SECLUSION WITHOUT A WRITTEN ORDER!!!

38
Q

What are the 3 elements to prove liability??

A
  1. WILLFUL voluntary act
  2. Intention to harm
  3. Causation, Injury or damage
39
Q

What are 3 types of Intentional Torts and what are they?

A

1.False imprisonment: confining or restraining patient when it’s not part of their treatment
2. Assault: Threatening patient
3. Battery: Actually Putting hands on them

40
Q

What is False Imprisonment??

A

Intentional Tort.
- Confining or restraining patient when it’s not part of their treatment

41
Q

What is assault? What is Battery?

A
  1. Assault: Threatening patient
    - EX: Telling a client that if they don’t take the medication, they will stick the needle syringe 💉 on their neck.
  2. Battery: Actually Putting hands on them
    - EX: Actually sticking the needle on their neck.
42
Q

What is Unintentional tort??? What are types of it??

A

Action/inaction that cause UNINTENDED harm due to failing to meet duty.
1. Negligence – Failing to do something you should have done!!
2. Malpractice – a type of negligence

43
Q

What is Negligence??

A

Negligence – Failing to do something you should have done!!

44
Q

What are the components of Malpractice???

A
  1. Duty
  2. Breach of duty
  3. Injury
  4. Injury due to duty breach
45
Q

What should you do with malpractice????

A

Clearly and Objectively document information to violations!!!!! THE NURSE SHOULD DOCUMENT:
1. The client behavior: IN AN OBJECTIVE MANNER (what your client is saying and what you are seeing)

46
Q

What are the conservatorship or guardianship information you need to know???

A

A) Legal guardianship; separate from civil commitment fro hospitalization. People may have this because of:
1. Grave disability
2. Incompetency
3. Inability to provide self with food, clothing, shelter
4. Inability to act in own best interests

B) Consent is obtained from legal guardian!!!

Mental Health (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions