Legal-ethical Context Of Psychiatric Nursing Flashcards
What is AMA
Against medical advice
Is voluntary or involuntary admission preferable?
Voluntary- this is because it is benefit to the orient showing they have insight into disease pieces and showing they need some help
What does a person who is voluntary admitted have to do to leave?
File a 3 day letter where the orient request to leave and they have to be evaluated by a psychiatrist
What does a person who is voluntary admitted keep?
All civil rights
For a patient to be involuntary admitted what is needed
Clear and convincing evidence. Involuntary commitment is the confined hospitalization of a person without the persons consent but with a court order
A patient who is involuntary admitted must be examined within ____ hours
24
What five rights does somebody who is involuntary admitted have
Right to legal counsel, independent expert mental evaluation, a hearing, to attend, and to be voluntary admitted
What is a pink slip
Allows us to hold a patient for 72 hours while we make an informed decision
What subgroups make people more dangerous
Current substance abuse problem along with the psychiatric illness, diagnosis of antisocial personality disorder, history of violence, and non compliant with medications
Competency can only be a ______ decision
Court
If a person is deemed incompetent who can reverse this?
Only the court can reverse somebody who is deemed incompetent
A patient who is incompetent cannot:
Vote, marry, drive, make a contract
When is a person considered not competent?
Mental disorder, defect in judgement, or incapable of handling personal affairs
What is habeas corpus?
Someone is claiming they are being held illegally and they can file for a release
Is there more or less privacy and confidentiality with psychiatric patients
More
Ways to protect a third party
Assess threat of violence, identity the person, and implement some preventative act
A legal procedure to ensure that the patient knows the benefits and costs of treatments
Informed consent
Can patients with mental disorders give informed consent?
Yes if they are competent
Can a patient refuse a medication?
Yes, THE PATIENT ALWAYS HAS THE RIGHT TO REFUSE
What does least restrictive environment mean
That an individual cannot be restricted to an institution when he or she can be successfully treated in the community
NGBI
Not guilty by reason of insanity
These people are rarely set free
GBMI
Guilty but mentally ill
These people are never free
Failure of professionals to provide proper care
Malpractice
What are most malpractice filed under
Law of negligent tort
What is tort?
Civil wrong; party that had wrong done to them is due compensation
What must be proved in a tort case
Legal duty to care, performance was negligence, damages were suffered, and damages were substantial
What do a patients rights include
Right to communicate, right to personal effects, testamentary capacity (right to make a will), right to enter a contact of deemed competent
