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People with mental illness are guaranteed same rights under federal/state

laws as any other citizen

Rights of People with Mental Health Disorders

1. Right to appropriate treatment in a setting that is least restrictive to

personal freedom

(Refused to take some of the medications, verbalized Di ko kailangangamot na yan. Inaantok ako dyan.)

2. Right to participate in and receive an explanation of care and treatment

3. Right to refuse treatment except in an emergency

4. Right to freedom from restraint or seclusion except in emergency

situation

5. Right to humane treatment environment that provides protection from

harm and privacy

6. Right of access to telephone, mail, visitors, unless deemed inappropriate

for treatment

7. Right to informed consent: based on right to self-determination

Informed consent must be obtained by physician or other health care

professional to perform treatment or procedure

Presence of psychosis does not preclude this right

Rights Regarding Restraint and Seclusion

Doctrine of least restrictive means of restraint for shortest time always the

rule

Legislation provides strict guidelines for use

When behavior is physically harmful to patient/others (suddenlyhit another patient with slipper)

When least restrictive measures are insufficient When decrease in sensory overstimulation (seclusion only is

needed) When patient anticipates that controlled environment would be

helpful and requests seclusion

Suspected Negligence/Malpractice (unintentional tort)

- Negligence or malpractice is an act or an omission to act that breachesthe duty of due care and results in or is responsible for a persons injuries

(Failure to monitor for changes in patients condition before and after

applying the restraints)

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Elements necessary to prove malpractice

Duty - normally not an issue because the nurse, as an employee, hasagreed to the assignment.

Breach of duty - the standard of care expected in a situation was not

observed by the nurse, is the failure to act as a reasonable, prudentnurse under the circumstances, something was done that should nothave been done or nothing was done when it should have been done

Cause in fact - it must be proved that the harm occurred as a directresult of the nurses failure to follow the standard of care and the nurseshould or could have known that the failure to follow the standard ofcare could result in such harm.

Damages - Include actual damages as well as pain and suffering

Foreseeability of harm - Evaluates likelihood of outcome under

circumstances

Avoiding Liability

Respond to the client Educate the client Comply with the standard of care Supervise care Adhere to the nursing process Document carefully Follow up and evaluate Maintain a good interpersonal relationship with client and family