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Psychosocial Ch5Wk4

Legal Issues

QuestionAnswer
Duty To Warn Others warn of threatened suicide or harm; Failure to warn, if it results in injury to the threatened person, can lead to civil damages for malpractice.
Assault the fear of physical contact or the person’s mental security; deliberate threat coupled with the apparent ability to do physical harm to another; No actual contact is necessary; Verbally threatening a patient that you are going to force the to take med ag
Battery the actual physical contact; intentional touching of another’s person, in a socially impermissible manner, without that person’s consent;
False Imprisonment Unlawful restraint of an individual’s personal liberty or the unlawful restraint or confinement of an individual; may be implied by words, threats, or gestures
Examples of Falst Imprisonment Excessive force used to restrain a patient; Preventing a patient from leaving a healthcare facility; Wrongfully committing a patient to a psychiatric facility
Commitment Issues Voluntary Patients; Involuntary Patients (Commitment)
Involuntary Patients (Commitment) Mental illness is not equivalent to incompetence; individual who has the legal capacity to consent to treatment refuses to do so; individuals who are a danger to self or others because of a mental disorder; “gravely disabled”.
Voluntary Patients Individual or their therapist requests admission and signs appropriate document, including consent to treatment; the patient signs themselves out at the end of stay; Grace period (48-72 hrs) for assessment
Involuntary Patients categories Emergency Care Short-term observation and treatment Long-term commitment (3, 6, or 12 months); Usually implies inpatient care, but can also be outpatient
Emergency Care Authorized person (such as police officer) signs documents to place an individual under involuntary care; Length of involuntary status varies from state to state; 48 to 72 hours is average
Short-term Observation Qualified expert determines that person has a treatable mental disorder; Certification hearing takes place to determine if there is probable cause.
“Probable cause” known facts would lead an ordinary person to believe that the detained person is mentally disordered and is a danger to self or others.
Long-Term Commitment person who needs prolonged psychiatric care but refuses to seek help voluntarily; Can last from 90 days to much longer; Usually brought before a hearing officer – decreases the possibility of someone being railroaded into a mental hospital.
“Gravely disabled” inability to provide food, clothing, and shelter for oneself because of a mental illness; viewed by the legal system as incompetent. Loses rights such as the right to marry, vote, drive a car, and enter into contracts; establishes conservator (guardian)
Patient's Right-Treatment with Least Restrictive Environment Central to the ideology of the deinstitutionalization movement.
“Restraint” broad term used to characterize any form of limiting a person’s movement or access to his or her own body; physical holds, bed rails, lap trays, restraint devices, and medications; FDA has estimated that at least 100 restraint-related deaths occur each ye
“Seclusion” the process of isolating a person in a room in which they are physically prevented from leaving.
General Guidelines for Restraint Use Special training Consider alternatives Physician’s order within 1 hour Least restrictive device Careful documentation of justification Orders contain: type of restraint, rationale, time limit; PRN orders not allowed – eminent risk; Death of any pt w
Right to Give or Refuse Consent In case of psychiatric emergency, meds can be given without consent to prevent harm to self or others
Suspension of Rights Occasionally, suspending rights for the protection of patient or others and for therapeutic purposes is necessary; Requires good documentation - Right suspended and rationale
Created by: MarieG
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