CH 3: Patients Rights and Legal Issues

Self-determination

A person’s right to make choices based on personal goals, values, and preferences

Advance directives

Written instructions describing a person’s health-care wishes if the person later cannot make decisions

Competence

A legal concept involving the ability to understand relevant information, appreciated the situation and consequences, and use logical reasoning to make a choice

Informed consent

Consent given after receiving understandable information about the treatment, alternatives, risks, benefits, and consequences

Least restrictive environment

Care should interfere with a patient’s freedom no more than is necessary for safetly and treatment

Seclusion

Involuntary confinement of a person alone in a room or area the person is physically prevented from leaving

Restraint

A method or device that restricts a patient’s freedom of movement; must be used only under strict safety/ legal standards

Involuntary commitment

Legally mandated psychiatric treatment/hospitalization when statutory criteria are met

Voluntary admission

The patient seeks/accept psychiatric hospitalization and generally retains the right to request discharge

Confidentiality

Duty protect a patient’s right to personal space and freedom from unnecessary intrusion

Privacy

The patient’s right to personal space and freedom from unnecessary intrusion

HIPAA

Federal protections governing privacy and security of protected health information

Duty to warn/protect

A legal exception to confidentiality when a credible threat may require reasonable steps to protect an identifiable victim

Fitness to stand trial

Whether a defendant currently understands the legal proceedings and can assist counsel

NGRI

Not Guilty by Reason of Insanity; concerns mental state at the time of the offense

GBMI

Guilty but Mentally Ill; a guilty verdict recognizing mental illness, with correctional-system treatment implications

Malpractice

Professional neglience involing a duty, breach, causation, and injury/damages