Legislation #1 - #2 Flashcards
What are the 12 Patient’s Rights in Health Care?
- Informed consent
- Right to see medical records
- Right to refuse treatment- must be informed of consequences
- Right to know info. regarding diagnosis, treatment, prognosis, and in terms the patient understands
- Right to respect and honesty
- Right to be treated with dignity
- Right to know by name the person responsible for his care
- Right to confidentiality- may determine who shall be given information about his/her condition
- Right to be discharged from a hospital
- Right for error disclosure
- Right to be kept safe
- Seek medical assistance in dying
What are the 3 types of Confinement?
Preventive Confinement Temporary Confinement (Garde provisoire) Regular Confinement (GEE-Garde en établissement)
Describe the Preventive Confinement.
MD can confine a person for up to 72hr
Mental state of the person presents a grave and immediate danger to him/herself or to others
* Preventative Confinement= Keeping person against their will and NOT assessing or treating them against their will
Describe Temporary Confinement (Garde Provisoire).
Patient who is a danger to self or others refuses to be evaluated by psychiatric to see if regular confinement is necessary
Petition for temporary confinement can be initiated by MD, psychiatrist, or an interested person (Family member)
Psych evaluation to request regular confinement needs to be done within 24-48h
Temporary Confinement= confinement and assessment against patient’s will, but NOT treatment against patient’s will
Describe Regular Confinement.
Court ordered- 2 psychiatric need to evaluate (24hr apart) patient and request regular confinement
Criteria: Refusal to stay and danger to self or others
Duration is recommended by psychiatrists and ordered by the court
*Confinement, assessment but no treatment against patient’s will
What are the 2 court Orders?
- Tribunal Administratif du Quebec - TAQ
2. Compulsory treatment Order
Describe Tribunal Administratif du Quebec.
Tribunal assumes the jurisdiction for patients deemed not criminally responsible or who are unfit to stand for a crime they have committed
Commited criminal act: unable to testify to trial, unresponsible due to psychosis
Describe the Compulsory Treatment Order
Court order for forced treatment: the right to hospitalize the individual against his/her will until stable again; administer specific medications or treatment against their will; choose placement against their will
For patient in confinement, drug addiction, no criminal act, any pt that refuses help
What are the 3 criterias for Compulsory Treatment Order?
- Inapt/incapable to consent to the required care (poor insight, chronic psychosis, always refusing treatment
- Categorical refusal (Benefits outways the side effects of that medication)
- Beneficial treatment plan and benefits must outweigh the risks
Exemptions (no court order required): hygiene care (can force pt to shower)and emergency situations (psychotic: IM injection danger to themself or others
pt can be confine for 5yrs, group home, poor insight, chronic distribution, hallucinations, delusions
Describe Misconduct
- Failure to meet a standart of practice or behaviour regarded as disgraceful, dishonourable or unprofessional
- Finding of professional misconduct are made by regulatory bodies
- Misconduct may affect all aspect of a nurse’s legal responsibilities
Describe Malpractice.
- Involves performing lawful. acts in a careless or negligent manner or a manner that does not mee the standard of care
- Does not always involve misconduct: may lack the skill to perform an act or function leading to harm or injury
- Offences are generally dealt with in civil courts
- May lead to a finding of negligence
Describe Tort.
civil wrongs committed by one person against another that results in injury or damage to person or property
- Intentional tort: Battery, assault
- Non Intentional tort: without consent, negligence
