Legal issues in psych Flashcards
Malpractice depends on what 4 conditions?
1) provider has duty of care
2) provider breaches his or her duty by practice not meeting standard of care
3) patient was harmed
4) harm was directly caused by provider negligence
what is informed consent?
the process by which a patient knowingly and voluntarily agrees to treatment or procedure
emancipated minors
considered competent to give consent for all medical care without parental input or consent
when are minors considered emancipated? (5)
self-supporting
in military
married
have children
are pregnant
Guradians or Conservators
may be appointed by the judge to make treatment decisions for an incompetent patient
Decisions made by guardians or conserverators are intended to be made by ___________
substituted judgement
what is substituted judgement?
what the patient would have expressed if they were competent
Voluntary admission
the patient requests or agrees to admission
does a patient have the right to be discharged on request if they are voluntarily commited?
no
what is required for a patient to be admitted to psych evaluation voluntarily?
they must have capacity and be competent
Involuntary commitment is done when?
if a patient is considered to be harmful to self or others or is unable to provide for their basic needs
Competence
legal term for the capacity to understand and apply information to make reasoned decisions on a specific issue
insantity
legal term that varies by state (definition wise)
NGRI
not guilty by reason of insanity- deemed legally insane
GBMI
guilty by mentally ill
when can health information be shared with a 3rd party be a provider?
1) it is to express a purpose of facilitating or continuing care
2) it is for the purpose of patient and renumeration
Situations in which psych information may be disclosed (not protected)
1) in order to protect the patient or public from harm
2) required to report ongoing domestic violence, neglect or abuse of children, elders, and disabled
3) court order
Tarasoff duty
duty to warn
What is tarasoff duty in terms of provider action?
duty to warn
therapist must take reasonable action to protect a 3rd party of the patient has specifically identified a 3rd party, and risk of serious harm seems imminent
Negligence
practicing below standard of care
when is informed consent not necessary? (3)
in treatment of medical emergencies
for prevention of suicidal or homicidal behavior
for un-emancipated minors
