Legal & Psych

Question 1

5 exceptions to doctor-patient confidentiality

Answer 1

1. when sharing info w/ staff who is also treating patient
2. if subpoenaed
3. if child abuse is suspected
4. if patient is an immediate danger to others
5. if patient is suicidal

Question 2

Tarasoff Duty

Answer 2

obligation of a physician to report patients who are potentially harmful to others

Question 3

in order to make informed decisions, the patient must be given the following info for informed consent:

Answer 3

NARCC: Name/purpose of treatment, Alternatives, Risks/benefits, consequences of refusing, capacity

Question 4

three situations that do not require informed consent

Answer 4

lifesaving medical emergency, suicide or homicide prevention, minors

Question 5

informed consent for treatment of minors is not required from parents in what three situations

Answer 5

Obstetrics, STDs, substance abuse

Question 6

competence v. capacity

Answer 6

competence is a legal term and can only be decided by a judge, capacity is a clinical term and may be assessed by physicians.

Question 7

capacity is “task specific”

Answer 7

can fluctuate over time. may have capacity to make one treatment decision but not others

Question 8

four criteria for decisional capacity

Answer 8

1. can communicate a choice or preference
2. understands the relevant information regarding treatment- purpose, risks, benefits, and alternatives; patient must be able to explain this information to you
3. appreciates the situation and its potential impact or consequences according to his or her own value system and understands the ramifications of refusing treatment
4. can logically manipulate information regarding the situation and reach rational conclusions.

Question 9

most important factor in assessing patient’s risk of violence

Answer 9

hx of violence

Question 10

4 criteria to be competent for trial

Answer 10

understand charges against them, have ability to work with attorney, understand possible consequences, be able to testify

Question 11

to be found not guilty by reason of insanity

Answer 11

must have mental illness, not understand right from wrong, and not understand consequences of actions at the time the act was committed.

Question 12

M’Naghten criteria

Answer 12

most stringent test and is standard in most jurisdictions. assess whether the person understands the nature, consequences, and wrongfulness of his or her actions.

Question 13

American law institute model penal code

Answer 13

determines whether the person understands the wrongfulness of his or her actions and whether he or she is able to act in accordance with the law

Question 14

Durham criteria

Answer 14

this is the most lenient test and is rarely used. assesses whether the person’s criminal act has resulted from mental illness

Question 15

to successfully argue a case of malpractice against a physician, the patient must prove what three conditions

Answer 15

an established standard of care, physician breached his or her responsibility to the plaintiff, physician’s breach of responsibility caused injury or damage to the plaintiff

Question 16

The 4 Ds of malpractice

Answer 16

Dereliction (neglect) of a Duty that led Directly to Damages