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Mental health exam 2 > Legal and Ethical > Flashcards

Legal and Ethical Flashcards

1
Q

The patient is willing to seek treatment and agree to be hospitalized

A

Volunteer basis

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2
Q

Involuntary Hospitalization curtails the patients right to

Freedom (the ability to leave the hospital when he or she wishes). All other rights remain intact.

A

Civil commitment

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3
Q

Release unless danger to self or others; if such danger present, then commitment proceedings instituted to detain the patient against his or her will, until a hearing can take place to decide the matter.

A

occurs if patient is under voluntary hospitalization

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4
Q

separate from civil commitment for hospitalization. The court appoints a person to act as a legal guardian. The patient with a guardian loses the right to enter into legal contracts or y the court agreements. The person assigned by the court can manage all financial affairs of the patient.

A

legal guardianship

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5
Q

application of physical force to person without permission

A

restraint

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6
Q

Occurs when a staff members physically control the patient & move him or her to a seclusion room.

A

human restraint

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7
Q

involuntary confinement in specially constructed, locked room equipped with security window or camera for direct visual monitoring

A

seclusion

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8
Q

Devices, usually ankle and wrist restraints, fastened to the bed frame to curtail the patient’s aggression (hitting, kicking, hair pulling)

A

mechanical restraint

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9
Q

When should the face-to-face be done by the Dr.?

A

Face-to-face evaluation in 1 hour, every 8 hours (every 4 hours for children)

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10
Q

How often should the physician’s order be placed/renewed?

A

Physician’s order every 4 hours (every 2 hours for children)

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11
Q

When should the documentation be done of seclusion/restraints?

A

Documented assessment by nurse every 1 to 2 hours

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12
Q

When should mental health clinicians warn third parties?

A
  • If the client is a danger to others?
  • IS the danger the result of serious mental illness?
  • Is the danger serious?
  • Are the means to carry out threat available?
  • Is the victim accessible?
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13
Q
  • Legal meaning but no medical definition
  • Person unable to control his or her actions or understand the difference between right and wrong at time of crime (M’Naghten Rule)
  • The public perception is that the person accused of the crime “gets off” and is free immediately.
A

insanity

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14
Q
  • Responsibility for providing safe, competent, legal, ethical care
  • Nurses are expected to meet the standards of care, meaning the care they provide to patients meets set expectations and is what any nurse in a similar situation would do.
A

nursing liability

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15
Q

Wrongful act resulting in injury, loss, damage

A

tort

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16
Q

What are the unintentional torts?

A
  • negligence

* malpractice

17
Q

Involves causing harm by failing to do what a responsible & prudent person would do in similar circumstances.

A

Negligence

18
Q

Type of negligence that refers specifically to professional(nurses & physicians).

A

Malpractice

19
Q

What are the elements to prove malpractice?

A
  • duty
  • breach of duty
  • injury or loss of care
  • causation
20
Q

A legally recognized relationship. The nurse was acting in the capacity of a nurse.

A

Duty

21
Q

The nurse or physician failed to conform to standard of care

A

Breach of duty

22
Q

Patient suffered some type of loss, damage, or injury

A

Injury or loss of care

23
Q

The loss, damage, or injury would not have occurred if the nurse had acted in a reasonable, prudent manner

A

causation

24
Q

What are the intentional torts?

A
  • assault
  • battery
  • false imprisonment
25
Q

Involves any action that causes a person to fear being touched in a way that is offensive, insulting, or physically injurious without consent or authority.

A

Assault

26
Q

Involves harmful or unwarranted contact with a patient

A

Battery

27
Q

The unjustifiable detention of a patient (i.e. inappropriate use of restraint or seclusion).

A

False imprisonment

28
Q

What are the three elements to prove liability?

A
  • Willful voluntary act
  • Intention to bring about consequences or injury
  • Act as substantial factor in injury or consequences
29
Q

theory that bases decisions on greatest good for greatest number

A

Utilitarianism

30
Q

decisions based on whether action is morally right or wrong, with no regard for consequences

A

deontology

31
Q

branch of philosophy dealing with values of human conduct (rightness and wrongness of actions) and goodness or badness of motives and ends of such actions

A

ethics

32
Q

right to self-determination, independence

A

autonomy

33
Q

requirement to do no harm

A

nonmaleficence

34
Q

honesty, truthfulness

A

veracity

35
Q

duty to benefit others or promote good

A

beneficence

36
Q

fairness

A

justice

37
Q

obligation to honor commitments, contracts

A

Fidelity

Mental health exam 2 (5 decks)

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