legal aspect of mental health nursing
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LEGAL AND ETHICAL ASPECTS IN PSYCHIATRY
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Samjhana Bhattarai
M.Sc. Nursing
Batch 2013
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Unit III: Legal and Ethical aspects in Psychiatry
Objectives:
At the end of the unit, the students should be able to: Describe the legal and ethical aspects in psychiatry
THEMES AND TOPICS
Admission and discharge of mentally ill clients Mental health Act and narcotic drug and psychotropic substance Act Criminal and civil responsibilities Rights of mentally ill patients Ethical issues in psychiatry
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Terminologies used in legal and ethical aspects.
Ethics Ethical principles
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Terminologies
and
Basic Concepts
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TERMINOLOGIES
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Law: Rules established by authority for regulating
the behavior of the members of community or
country.
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Law…
Criminal law: It defines certain acts as offences against the state and doing so makes them punishable.
Offence: breaking of a rule or law; crime
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Law…
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Civil law: It defines the rights and duties of
individuals in relation to each other.
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Civil Rights: Right to vote Right to humane care Right to treatment, Right to religious freedom, Right to social interaction etc.
Persons with mental illness are guaranteed the same rights as any other citizen.
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Right
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A valid legally recognized claim or entitlement,
encompassing both freedom from government
interference or discriminatory treatment and
an entitlement to a benefit or service.
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Act :- written document which has been formally passed by government
e.g. Nepal nursing council act at the national level, health act.
Bill:- draft or temporary outline of what the act will be.
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Legal document
Certain written forms used regularly by nurse and doctor on the process of treatment.
These forms can be used as evidence in court if any difficulty arises. These document should contain factual statement and signed by concerned personnel and dated.
E.g. treatment chart and consent papers.
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Other Legal Terminologies…
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Torts
Violation of civil law against a person or a person’s
property.
Types
Unintentional
Intentional
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Unintentional torts
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a. Negligence: involves exposure of person or property of
another to unreasonable risk for injury. Lack of
reasonable conduct or care. Omitting an action
expected of a sensible person in a particular
circumstances is considered negligence.
Eg: during Medication
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Unintentional tort…
Malpractice: Any unreasonable lack of skill
in professional duties or illegal or immoral
conduct that results in injury or to death of the
client.
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Intentional torts:
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Occur when a person does damage to another
person in a willful, intentional way and without just
cause and/or excuse.
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Intentional Tort
a. Assault: Mental or physical threat. Knowingly threatening or attempting to do violence to another person without actually touching the person.
Eg: Forcing the medication or treatment on a person who does not want it but without touching the person.
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Intentional Tort…
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b. Battery: actually touching or wounding the person in
an offensive manner with or without the intent to do
harm.
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Intentional Tort…
C. Fraud: purposeful false presentation of facts
to create deception; includes presenting false
credentials for licensing or employment.
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Intentional Tort…
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D. Invasion of privacy
i. Encroachment or trespass on another’s body:
includes any unwarranted operation, unauthorized
touching, and unnecessary exposure or discussion
of the client’s case unless authorized.
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Intentional Tort…
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ii. False imprisonment: includes intentional
confinement without authorization, as well as the
threat of force or confining structures and/or clothing;
the charge is not false imprisonment if it is necessary
to protect an emotionally disturbed person from
harming self or others.
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Intentional Tort…
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iii. Defamation: involves communication, even if true,
that cause a lowering of opinion of the person,
includes slander (oral) and libel (written, pictured,
telecast), both of which are dependent on
communication to a third party.
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Good Samaritan Laws
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protect the health care professionals who administer
first aid as volunteers in an emergency unless there is
gross negligence or willful misconduct.
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Crimes
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An intentional wrong that violates societal law
punishable by the state; the state is the complainant.
A. Felony: serious crime, such as murder, punishable
by a prison term
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Crimes…
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B. Misdemeanor: less serious crime that is punishable by a fine and/or short-term imprisonment.
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Forensic Psychiatry:
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Part of psychiatry that deals with patients and
problems at the interface of the legal and
psychiatric systems.
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Forensic Nursing
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Application of forensic science combined with the
bio-psychological education of the registered nurse,
in the investigation, evidence collection,
preservation, analysis, prevention and treatment of
trauma and/or death related to medico-legal issues.
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Ethics
Ethics is the core of nursing practice.
It is branch of philosophy that concern the distinction
between right and wrong based on body of knowledge,
not just based on opinion.
It is a discipline of rightness and wrongness of actions.
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Autonomy Benefice
nce
Justice Non – Maleficenc
e
Veracity
ETHICAL PRINCIPLES
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Autonomy
This presumes that individuals are always capable of making independent choices for themselves.
Children, comatose individuals and the seriously mentally ill are examples of clients who are incapable of making informed choices.
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Beneficience
Beneficence refers to one’s duty to benefit or promote the good of others.
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Nonmaleficence
Nonmaleficence is the requirement that health-care providers do no harm to their clients, either intentionally or unintentionally.
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Justice
The concept of justice reflects a duty to treat all individuals equally and fairly.
Right of individuals to be treated equally regardless of race, sex, marital status, medical diagnosis, social standing,
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Veracity
The principle of veracity refers to one’s duty to always be truthful.
Veracity requires that the health-care provider tell the truth and not intentionally deceive or mislead clients.
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References
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Sharma C, Choulagain PS. Essentials of Psychiatric and Mental Health Nursing. 2015. First Edition. Saurav and Awish Publishers.
Stuart GW, Laraia MT. Principles and Practice of Psychiatric Nursing. 2005. Elsevier Publication.
Bhaskararaj DE. Textbook of Mental Health Nursing. First Edition. 2011. Jaypee Brothers Medical Publishers.
Lalith K. Mental Health and Psychiatric Nursing, an Indian Perspective. First edition. 2007. VMG Book House.
Townsend MC. Psychiatric Mental Health Nursing. 2012. 7th Edition. Jaypee Brothers Medical Publishers (P) Ltd.
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Any Queries???
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THANK YOU!!!