Legal 2-13-08
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2-13-08
Travis
Legal/Ethical Mental Health Laws •
•
Civil rights o
All civil rights remain intact unless the patient has been declared incompetent
o
Committed patients still have same rights except to leave the hospital
Specific client rights (been admitted to the hospital but has not been declared incompetent) o
Consent
o
Right to signs informed consent
Communication
Patients have the right to communicate with family and friends, but there are limitations. There are certain times they are allowed to do this
o
Freedom from harm
o
Dignity and respect
o
Confidentiality
o
Participation in plan of care
o
Advanced directives
o
Restraints and seclusion
Nurse can restrain a patient in emergencies, and then call the MD
Patient must meet specific criteria •
Harm to self or others
Order must specify type of restraints and have specific time frame
Must have checks every 15 to 30 minutes depending on your facility and must document what you observed
Hospital Admissions •
Voluntary o
•
•
Involuntary o
Commitment
o
File affidavit stating the person is a threat to themselves or others
o
Elopement-when a client leaves facility, without consent from facility
Release o
•
Comes in willingly
Conditional release-required outpatient treatment for specified period to determine client compliance with medications, protocols, ability to meet basic needs, and ability to reintegrate into the community.
Discharge or unconditional release-termination of a client-institutional relationship. May be court ordered or administratively ordered
Ethical Consideration •
Elder and child abuse reporting
•
Exceptions to the rule o
Duty to warn and protect third parties of potential life threats
Common Liability Issues •
Protection of clients o
•
•
Defamation of character o
Slander
o
Harming patients reputations
Supervisory liability o
•
1:1, not leaving suicidal client alone or where they can hurt themselves
What duties you can delegate
Short-staffing issues
2-13-08 •
•
Travis
Assault and battery o
Assault-threatening to harm
o
Battery-harmful or offensive touching
False imprisonment o
•
Punitive damages o
•
Confining person to specific area that is not in the best interest of the patient
Monetary damages for wrongdoings
Negligence o
Act of omission
o
Breach of duty-don’t give medicine, etc.
•
Abandonment
•
Person leaves assigned duty without giving report, etc.
Travis
Legal/Ethical Mental Health Laws •
•
Civil rights o
All civil rights remain intact unless the patient has been declared incompetent
o
Committed patients still have same rights except to leave the hospital
Specific client rights (been admitted to the hospital but has not been declared incompetent) o
Consent
o
Right to signs informed consent
Communication
Patients have the right to communicate with family and friends, but there are limitations. There are certain times they are allowed to do this
o
Freedom from harm
o
Dignity and respect
o
Confidentiality
o
Participation in plan of care
o
Advanced directives
o
Restraints and seclusion
Nurse can restrain a patient in emergencies, and then call the MD
Patient must meet specific criteria •
Harm to self or others
Order must specify type of restraints and have specific time frame
Must have checks every 15 to 30 minutes depending on your facility and must document what you observed
Hospital Admissions •
Voluntary o
•
•
Involuntary o
Commitment
o
File affidavit stating the person is a threat to themselves or others
o
Elopement-when a client leaves facility, without consent from facility
Release o
•
Comes in willingly
Conditional release-required outpatient treatment for specified period to determine client compliance with medications, protocols, ability to meet basic needs, and ability to reintegrate into the community.
Discharge or unconditional release-termination of a client-institutional relationship. May be court ordered or administratively ordered
Ethical Consideration •
Elder and child abuse reporting
•
Exceptions to the rule o
Duty to warn and protect third parties of potential life threats
Common Liability Issues •
Protection of clients o
•
•
Defamation of character o
Slander
o
Harming patients reputations
Supervisory liability o
•
1:1, not leaving suicidal client alone or where they can hurt themselves
What duties you can delegate
Short-staffing issues
2-13-08 •
•
Travis
Assault and battery o
Assault-threatening to harm
o
Battery-harmful or offensive touching
False imprisonment o
•
Punitive damages o
•
Confining person to specific area that is not in the best interest of the patient
Monetary damages for wrongdoings
Negligence o
Act of omission
o
Breach of duty-don’t give medicine, etc.
•
Abandonment
•
Person leaves assigned duty without giving report, etc.
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