Brainscape's Knowledge GenomeTM

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


See full index

Mental health > Legal aspects > Flashcards

Legal aspects Flashcards

1
Q

What is consent?

A

Permission to undergo a specific activity such as medical treatment and surgery

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

What determines the validity of consent?

A

If the consenting individual has capacity

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

What is capacity?

A

The ability to enter into valid contracts

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

Describe the assessment of incapacity

A

Is the patient able to do all of the following?

  1. Understand the information
  2. Retain the information
  3. Weigh-up the benefits and risks
  4. Communicate their decision

If yes ➔ patient has capacity

If no ➔ patient does not have capacity

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

Define ‘presumption of capacity’ as outlined in the Mental Capacity Act 2005

A

A person (18+) is assumed to have capacity until established otherwise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is informed consent?

A

Consent provided that both the following are supplied:

  • Sufficient information on all of:
    • Diagnosis
    • Prognosis
    • Treatment options
    • Risks
  • Adequate time to assess the information
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Name the two types of consent

A
  • Implied consent: cooperation or no objection
  • Expressed consent: explicit permission
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are advance statements?

A

Preferences made during a time of greater capacity

For use in situations when capacity is lost

Typically produced for chronic progressive illnesses

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

What is the difference between an advance decision and an advanced statement?

A
  • Advance decision:
    • Refusal of a specific type of treatment in the future eg. DNACPR
    • Legally binding
  • Advanced statement
    • Preference of treatment in the future
    • Not legally binding
    • Should be considered when making treatment decisions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What makes an advanced decision legally binding?

A
  • Written by the patient
  • Signed by the patient
  • Signed by a witness eg. Solicitor
  • Expressed statement that decision stands ‘even if life is at risk’
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are Lasting Powers of Attorney (LPA)?

A
  • The appointment of an attorney
  • To make health and welfare decisions
  • Should the patient lose capacity in the future
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the Mental Capacity Act 2005?

A

Legislation governing the care and treatment of people lacking capacity

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

Outline the five key principles in Section 1 of the Mental Capacity Act 2005

A
  1. Presumption of capacity
  2. All practical steps taken to allow autonomy
  3. Allow unwise decisions
  4. Operate in best interests if lack capacity
  5. Least restrictive option
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is Section 5 of the Mental Capacity Act 2005?

A

Protection from liability when providing care and treatment to an incapacitated adult

  • Authorised healthcare workers can care and treat
  • In the best interest of the incapacitate patient
  • Without fear of liability
    • eg. Physical restraint and trespass
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are Deprivation of Liberty Safeguards?

A

Legislations governing the deprivation of liberty of people lacking capacity

An accompanying piece to the MCA 2005

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

What is the Mental Health Act 1983/2007?

A

Legislation governing the care and treatment of mental disorder

Excludes substance dependency or sexual deviancy

17
Q

What are the principles of the Mental Health Act 2007?

A
  1. Decisions taken with view to minimise harm done by mental disorder, maximise safety and health and patient and protect the public
  2. Least restrictive alternative intervention
  3. Recognise and respect the diverse needs, values, circumstances of each patient. Consider wishes and feelings
  4. Involvement of patient, family, and carers
  5. Use resources in the most effective, efficient, and equitable way.
18
Q

What are the five commonly used civil sections of the Mental Health Act 2007?

A
  • Section 2
  • Section 3
  • Section 4
  • Section 5(2)
  • Section 5(4)
19
Q

What is a Section 2 of the Mental Health Act?

A

Assessment (and treatment) of mental health disorder

Max 28 days

Used in community and inpatient

20
Q

Who must be present to initiate a Section 2 of the Mental Health Act?

A

Both:

  • Approved Mental Health Professional (AMHP)
  • Registered Medical Practitioner (RMPs)

One must be Section 12(2) approved

21
Q

What is a Section 3 of the Mental Health Act?

A

Treatment of mental health disorder

Max 6 months

Used in community and inpatient

22
Q

Who must be present to initiate a Section 3?

A

Both:

  • Approved Mental Health Professional (AMHP)
  • Registered Medical Practitioner (RMPs)

One must be Section 12(2) approved

23
Q

What is a Section 4?

A

Emergency assessment

Used when Section 2 is unsuitable eg. delays

Max 72 hours

Used in community and A+E

24
Q

Who must be present to initiate a Section 4?

A

Registered Medical Practitioner (RMP)

25
Q

What is a Section 5(2)?

A

Detainment of an inpatient for completion of Mental Health Act assessment

Max 72 hours

Only used for inpatients

26
Q

Who must be present to initiate a Section 5(2)?

A

Registered Medical Practitioner (RMP)

27
Q

What is a Section 5(4)?

A

Detainment of an inpatient for medical assessment

Max 6 hours

Only used for inpatients

28
Q

Who must be present to initiate a Section 5(4)?

A

Senior nurse

29
Q

What is a Section 136?

A

Police power to transfer an individual from a public place to a place of safety for assessment

Max 24 hours

30
Q

What is a Section 17?

A

Leave from the ward

Used whilst under a Section 2 or 3

Used to test safety to point of discharge

Allows patient to be brought back into ward if terms of leave are violated

31
Q

Outline the appeals process for patients under Section

A

Patients can appeal to the following:

  • Section 2: Tribunal within 14 days
  • Section 3: Hospital manager panel and tribunal
  • CTO: Tribunal
32
Q

What is a Community Treatment Order (CTO)?

A

Allows patient to leave hospital

Must return to hospital for treatment and follow-up

Treatment is necessary for patient health and safety, and safety to the public

Failure to comply ➔ recall to hospital

33
Q

Outline the doctor’s responsibility in cases of abuse or neglect

A

All doctors have a duty to act on any concerns they have about the safety or welfare of a child or young person.

Decisions made about children and young people must be made in their best interests.

Mental health (27 decks)

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