Psychiatry and the Law

Question 1

According to RA____, women can file a case against their abusers (Violence Against Women and Children)

Answer 1

RA 9262

Question 2

What are the four elements of malpractice?

Answer 2

1. Demonstration of physician DUTY to care for patient
2. NEGLIGENT practice has occurred
3. The patient has sustained some HARM
4. The harm was CAUSED by the physician’s negligence

Question 3

Briefly define Tarasoff I and II.

Answer 3

• I – duty to warn

* II – due to warn and protect

Question 4

What is the exception in the right to refuse treatment?

Answer 4

Emergencies lol

Question 5

What are the emergency manifestations of tardive dyskinesia?

Answer 5

Dyskinesia of mouth, tongue, face, neck, and trunk; choreoatheroid movements of extremities; usually but not always appearing after long-term treatment with antipsychotics, especially after a reduction in dosage

Question 6

T or F: In a patient who voluntarily admitted himself in a psychiatric hospital, he is free to leave even against medical advice.

Answer 6

T

Question 7

Patient on temporary admission cannot be hospitalized against their will for more than ___ days.

Answer 7

15

Question 8

Enumerate the elements of a crime and their respective definitions.

Answer 8

Actus Reus – physical act of the crime

Mena Rea – mental act or intent of the crime

Question 9

What are the five elements of informed consent?

Answer 9

1. Diagnosis
2. Treatment
3. Consequences
4. Alternative to treatment
5. Prognosis

Question 10

What are the contraindications for the restraint and seclusion of a patient?

Answer 10

• Extremely unstable medical and psychiatric conditions (i.e.fluid/ metabolic problems)b
• Delirious or demented patients who are unable to tolerate decreased stimulationb
• Overly suicidal patients (some can be very creative)
• Patients with severe drug reactions or overdoses or who require close monitoring of drug doses
• For punishment or convenience of staff

Question 11

What is the policeman-at-the-elbow rule?

Answer 11

“A person is not criminally responsible if, as a result of mental disorder, he cannot resist impulses under which the criminal act was committed in spite of a high risk of detection or apprehension.”

[Irresistible Impulse, 1922]

Question 12

Describe subpoena duces tecum.

Answer 12

This orders a person to appear/testify before the court along with physical evidence.

Question 13

Enumerate the civil rights of a psychiatric patient.

Answer 13

• [Right to have the] least restrictive alternative
• Visitation rights
• Communication rights
• Private rights
• Economic rights

Question 14

What is a fact witness?

Answer 14

One who presents only his sensory impressions about the case; cannot give conclusions; only narrate events

Question 15

What is required in involuntary admission of a patient? How long is this patient allowed to be hospitalized?

Answer 15

Two physicians must examine and provide a certificate to confirm the need of hospitalization. This allows the patient to be hospitalized for 60 days.

Question 16

A psychiatrist as an expert witness testifies on issues of… •

Answer 16

Competency
• Testamentary Capacity
• Diagnosis, Treatment
• Criminal Responsibility

Question 17

What are the four Ds in malpractice?

Answer 17

1. The DUTY to provide care exists and
2. The DEVIATION from the usual standard of care has resulted in
3. DAMAGE to the patient that resulted
4. DIRECTLY from the deviant care

Question 18

Identify and explain the most common and most popular criminal law.

Answer 18

McNaghten Rule (1843) 
“A person is not criminally responsible if, as a result of a mental disorder, he is unable to understand the nature of his act and understand ‘right from wrong’.”

Question 19

Temporary Admission is indicated for which patients?

Answer 19

Senile patients, patients who are severely confused, and those who have acute psychiatric symptoms

Question 20

T or F: The law of evidence bars hearsay.

Answer 20

T

Question 21

What is entailed when a person is judged incompetent?

Answer 21

There will be:
•	Loss of voting rights
•	Loss of right to contract
•	Loss of right to practice profession
•	Suspension of driver’s license
•	Loss of right to adopt children or prevent adoption of his own children
•	Loss of right to convey property

Question 22

Which law most used in today’s federal courts replaced the Durham Rule? How is it different from the former?

Answer 22

Model Penal Code

It has more words.

Question 23

T or F: Pregnancy is a low-risk period for battering

Answer 23

F; 15-25%of pregnant women are physically abused while pregnant, which often results in birth defects.

Question 24

T or F: A contract may not be valid if, at the time it was made, one of the contracting parties was incapable of understanding the nature of the transaction.

Answer 24

T

Question 25

What happens in an Adversarial System?

Answer 25

Each side is expected to put its best foot forward, with the judge deciding between them on the basis of evidence offered

Question 26

What is Guilty by Not Mentally Ill?

Answer 26

An alternative verdict available to the jury if the defendant pleads not guilty by reason of insanity.

Question 27

The ___________ Act _____ mandates all physicians to report child abuse, even possibilities

Answer 27

Child Abuse Act 7610

Question 28

What is parens patriae?

Answer 28

It allows the state to intervene and to act as a surrogate parent for those who are unable to care for themselves or who may harm themselves.

Question 29

What is the basic principle in law for character evidence? What is the exception?

Answer 29

The evidence of a person’s character is irrelevant to the merits of the case
EXCEPTION: when character is an issue (e.g. in actions for defamation, child custody)

Question 30

When can the testimonial privilege of the patient become waived? •

Answer 30

When the patient decides to waive it, or

• When the court mandates you to do so (the patient must be informed about this)