Legal issues in psych

Question 1

Malpractice depends on what 4 conditions?

Answer 1

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

Question 2

what is informed consent?

Answer 2

the process by which a patient knowingly and voluntarily agrees to treatment or procedure

Question 3

emancipated minors

Answer 3

considered competent to give consent for all medical care without parental input or consent

Question 4

when are minors considered emancipated? (5)

Answer 4

self-supporting
in military
married
have children
are pregnant

Question 5

Guradians or Conservators

Answer 5

may be appointed by the judge to make treatment decisions for an incompetent patient

Question 6

Decisions made by guardians or conserverators are intended to be made by ___________

Answer 6

substituted judgement

Question 7

what is substituted judgement?

Answer 7

what the patient would have expressed if they were competent

Question 8

Voluntary admission

Answer 8

the patient requests or agrees to admission

Question 9

does a patient have the right to be discharged on request if they are voluntarily commited?

Answer 9

no

Question 10

what is required for a patient to be admitted to psych evaluation voluntarily?

Answer 10

they must have capacity and be competent

Question 11

Involuntary commitment is done when?

Answer 11

if a patient is considered to be harmful to self or others or is unable to provide for their basic needs

Question 12

Competence

Answer 12

legal term for the capacity to understand and apply information to make reasoned decisions on a specific issue

Question 13

insantity

Answer 13

legal term that varies by state (definition wise)

Question 14

NGRI

Answer 14

not guilty by reason of insanity- deemed legally insane

Question 15

GBMI

Answer 15

guilty by mentally ill

Question 16

when can health information be shared with a 3rd party be a provider?

Answer 16

1) it is to express a purpose of facilitating or continuing care

2) it is for the purpose of patient and renumeration

Question 17

Situations in which psych information may be disclosed (not protected)

Answer 17

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

Question 18

Tarasoff duty

Answer 18

duty to warn

Question 19

What is tarasoff duty in terms of provider action?

Answer 19

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

Question 20

Negligence

Answer 20

practicing below standard of care

Question 21

when is informed consent not necessary? (3)

Answer 21

in treatment of medical emergencies
for prevention of suicidal or homicidal behavior
for un-emancipated minors