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Ethical and Legal Issues in PsychiatricMental Health Nursing

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Ethical and Legal Issues in Psychiatric/Mental Health Nursing ... Nurse Practice Act defines the legal parameters of professional and practical nursing. ... – PowerPoint PPT presentation

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Title: Ethical and Legal Issues in PsychiatricMental Health Nursing


1
Chapter 5
  • Ethical and Legal Issues in Psychiatric/Mental
    Health Nursing

2
Introduction
  • Nurses are constantly faced with the challenge of
    making difficult decisions regarding good and
    evil or life and death.
  • Legislation determines what is right or good
    within a society.

3
Definitions
  • Ethics - the science that deals with the
    rightness and wrongness of actions
  • Bioethics - term applied to ethics when they
    refer to concepts within the scope of medicine,
    nursing, and allied health

4
Definitions (cont.)
  • Values ideals or concepts that give meaning to
    the individuals life
  • Moral behavior conduct that results from
    serious critical thinking about how individuals
    ought to treat others
  • Values clarification a process of
    self-exploration through which individuals
    identify and rank their own personal values

5
Definitions (cont.)
  • Right a valid, legally recognized claim or
    entitlement, encompassing both freedom from
    government interference or discriminatory
    treatment and entitlement to a benefit or service
  • Absolute right when there is no restriction
    whatsoever on the individuals
  • entitlement
  • Legal right a right on which
  • society agrees and has
  • formalized into law

6
Ethical Considerations
  • Theoretical Perspectives
  • Utilitarianism an ethical
  • theory that promotes actions
  • based on the end results
  • that produce the most good
  • (happiness) for the most people
  • Kantianism suggests that
  • decisions and actions are
  • bound by a sense of duty

7
Ethical Considerations (cont.)
  • Theoretical Perspectives (cont.)
  • Christian ethics - do unto others
  • as you would have them do unto
  • you alternatively, do not do unto
  • others what you would not have them do unto
    you.
  • Natural law theories do good and avoid evil.
    Evil acts are never condoned, even if they are
    intended to advance the noblest of ends.
  • Ethical egoism decisions are
  • based on what is best for the
  • individual making the decision.

8
Ethical Dilemmas
  • Ethical dilemmas occur when moral appeals can be
    made for taking either of two opposing courses of
    action.
  • Taking no action is considered an action taken.

9
Ethical Principles
  • Autonomy This principle emphasizes the status
    of persons as autonomous moral agents whose
    rights to determine their destinies should always
    be respected.
  • Beneficence This refers to
  • ones duty to benefit or
  • promote the good of others.

10
Ethical Principles (cont.)
  • Nonmaleficence abstaining from negative acts
    toward another includes acting carefully to
    avoid harm
  • Justice principle based on the notion of a
    hypothetical social contract between free, equal,
    and rational persons. The concept of justice
    reflects
  • a duty to treat all individuals
  • equally and fairly.
  • Veracity principle that refers
  • to ones duty to be truthful always.

11
A Model for Making Ethical Decisions
  • Assessment
  • Problem identification
  • Plan
  • Implementation
  • Evaluation

12
Ethical Issues in Psychiatric/Mental Health
Nursing
  • The right to refuse medication
  • The right to the least restrictive treatment
    alternative

13
Legal Considerations
  • Nurse Practice Act defines the legal parameters
    of professional and practical nursing.
  • Types of Laws
  • Statutory law
  • Common law

14
Classifications Within Statutory and Common Law
  • Civil Law protects the private and property
    rights of individuals and businesses
  • Tort
  • Contracts
  • Criminal law provides
  • protection from conduct
  • deemed injurious to the
  • public welfare

15
Legal Issues in Psychiatric/Mental Health Nursing
  • Confidentiality and right to privacy
  • Doctrine of privileged communication
  • Informed consent
  • Restraints and seclusion
  • False imprisonment

16
Legal Issues in Psychiatric/Mental Health Nursing
(cont.)
  • Commitment issues
  • Voluntary admissions
  • Involuntary commitment
  • Emergency commitment
  • The mentally ill person in need of treatment
  • Involuntary outpatient commitment
  • The gravely disabled client

17
Legal Issues in Psychiatric/Mental Health Nursing
(cont.)
  • Malpractice and negligence
  • Types of lawsuits that occur in psychiatric
    nursing
  • Breach of confidentiality
  • Defamation of character
  • Libel
  • Slander

18
Legal Issues in Psychiatric/Mental Health Nursing
(cont.)
  • Assault and battery
  • False imprisonment
  • Invasion of privacy

19
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
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