legal and ethical considerations?

what is ethics?

the study of philosophical beliefs about what is considered right or wrong in a society

what is bioethics?

used in relation to ethical dilemmas surrounding health care

what is ethical dilema

conflict between two or more courses of scion, each either favorable and unfavorable consequences

what are the six principles of bioethics?

autonomy

beneficience

nonmaleficence

justice

fidelity

veracity

what is autonomy?

respecting the rights of other to make their own decisiosn

what is beneficence ?

the duty to promote good

what is nonmaleficence?

doing no harm to patient

what is justice?

distributes resources or acre equally

what is fidelity?

maintaining loyalty and commitment, doing no wrong to a patient

what is veracity?

being truthful

what is the issue of nonmaleficence in pharmacogenic testing?

if teats are not useful then potential harm outweighs benefits

what is stigmatization in predictive psychiatry?

genetic testing could prevent an individual from getting a job

what is the issue of autonomy in predictive psychiatry?

right to know or not know of genetic tendencies in health

what are the different admissions?

voluntary

involuntary

temporary emergency hospitalization

involuntary outpatient commitment

long term or formal commitment

what is a writ of habeas corpus?

when a patient believe they have been held without just cause, challenges unlawful detention

what is a least restrictive alternate doctrine ?

taking the least drastic or restrictive action

what are the due process in involuntary commitment ?

writ of habeas corpus

what are the different discharge procedures ?

unconditional release

conditional release

assisted outpatient treatment

release against medical advice (AMA)

what is unconditional release?

termination of the legal patient intricate relationship

what is conditional release?

usually requires outpatient treatment for a specific period of time with follow through evaluation

what is assisted outpatient treatment ?

similar to conditional release but court ordered

what are the patient rights?

right to treatment

right to refuse treatment

right to informed consent

right regarding psychiatric advance directives

right regarding restrain and seclusion

what is implied consent ?

consent that is inferred from signs, actions, or facts or by inaction or silence

capacity is a persons ability to?

make a rational decision based on relevant facts and considerations

competency is a legal?

concept where a person is perfumes to be competent unless a court has legally declared then incompetent

regarding restrains, a nurse may place a patient in seclusion or restrains but needs to obtain what?

a written or verbal order as soon as possible thereafter

order for restraints or seclusion are never written as what?

as an as needed or a standing order

what is a chemical restraint?

medication used to control a persons behavior or restrict their movement (drugs/antipsychotics)

what should nurses considert before using seclusion and restraints ?

less restrictive interventions like verbal de-escalation, medication, environmental interventions

what is confidentiality?

an ethical responsibility of healthcare professionals that prohibits the disclosure of privilege information without the patients consent

what are exceptions for confidentiality?

duty to warn and protect third parties usually include assessing and predicting the patient danger of violence toward another and identifying the specific persons being threatened

what are tort laws?

type of lawsuits that occur in psychiatric settings

what the the different tort laws?

defamation of character

breach of confidentiality

assault and battery

false imprisonment

invasion of privacy

what is defamation of character

a false statement of fact that harms another person's reputation

what is breach of confidentiality?

when information given in confidence is disclosed to a third party without consent

what is assault and battery?

physically hurting someone

what is false imprisonment ?

keeping a person in confinement or restraint and of a persons movement without their consent

what is invasion of privacy?

going through a patients personal belonging without consent

what is malpractice ?

when a professional fails to meed the standards of their profession resulting in loss or damage to a patient

what is negligence?

failure to act resulting in injury o damage of a person

what are the nursing standards of care ?

state board of nursing

professional associations

institutional polices and procedures

custom as standard of care

what are nursing boards?

state governmental agencies that regulate nursing practice

what do professional associations do?

elevate the practices of its members by setting standards of excellence

what do institutional policies and procedures do?

define criteria for care which can be used during legal proceedings to prove that a nurse met or failed to meet them

what do customs of standard care do?

can be used as evidence of standard of care