Ethics in Nursing and Psychiatric Care
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Questions and Answers

What is one of the main topics of the session conducted by Professor Cervantes and Mika Lovic?

  • Nursing children in the hospital (correct)
  • End-of-life care for elderly patients
  • Nursing procedures for adults
  • Ethics of organ donation

What upcoming class topic is scheduled to be discussed immediately after the midterm?

  • Patient confidentiality
  • Mental health treatments
  • Childhood development
  • End-of-life ethics (correct)

What is the title of the reading assigned for the class after the midterm?

  • A Guide to Psychiatric Treatments
  • Understanding Organ Scarcity
  • Ethics in Child Nursing
  • I'm just like pepperoni pizza and sex (correct)

What overarching theme is suggested for the discussions about consent, especially concerning organs?

<p>Addressing organ scarcity issues (D)</p> Signup and view all the answers

What emotional reaction does the speaker suggest may occur during the discussion of the article?

<p>Tears (D)</p> Signup and view all the answers

What type of ethics is the reading 'I'm just like pepperoni pizza and sex' used to illustrate?

<p>Narrative ethics (C)</p> Signup and view all the answers

What general subject will be discussed in the latter part of the upcoming class session?

<p>Psychiatric treatments (A)</p> Signup and view all the answers

When is a court order typically necessary regarding adult consent for care?

<p>When the adult is categorically refusing care or incapable of giving consent. (B)</p> Signup and view all the answers

What defines a categorical refusal of care?

<p>An adamant refusal to receive medical treatment. (C)</p> Signup and view all the answers

In what case might a court need to intervene for a minor regarding treatment?

<p>If the minor, being over 14, refuses care in an emergency situation. (A)</p> Signup and view all the answers

What must be proven to establish a treatment order for a patient?

<p>That the patient is incapable of consenting and refusing treatment. (A)</p> Signup and view all the answers

What are the five questions used to assess a patient's capacity for consent?

<p>Does the patient understand the treatment benefits, risks, options, and the impact of their illness? (A)</p> Signup and view all the answers

What is a primary responsibility of the party seeking a treatment order in court?

<p>To provide detailed justification for the requested treatment. (B)</p> Signup and view all the answers

What can be a consequence of not treating a patient who refuses care?

<p>The patient could experience a worsening of their condition. (A)</p> Signup and view all the answers

Which factor does NOT directly affect a patient's ability to understand treatment options?

<p>The medical professional's level of education. (C)</p> Signup and view all the answers

What is one of the roles of a psychiatrist regarding treatment orders?

<p>To testify about the categorization of refusal and treatment necessity. (B)</p> Signup and view all the answers

What kind of refusal might still allow for court intervention even if it's not a categorical refusal?

<p>Strategic refusal. (C)</p> Signup and view all the answers

What is a significant risk regarding minors and treatment for serious health issues?

<p>Minors might refuse treatment without understanding the consequences. (B)</p> Signup and view all the answers

What is a condition under which the court may not need to intervene for an adult's refusal of care?

<p>When the adult is informed and competent to make choices. (A)</p> Signup and view all the answers

Which of the following would NOT be considered a serious risk requiring court intervention for treatment?

<p>A risk of temporary discomfort from a procedure. (B)</p> Signup and view all the answers

What role does the patient's understanding of their illness play in determining their capacity to consent?

<p>It can impair their ability to make decisions. (B)</p> Signup and view all the answers

What aspect of treatment must be carefully detailed when preparing a motion for a treatment order?

<p>The concurrent medications and their effects. (B)</p> Signup and view all the answers

What is required for an individual to be confined for psychiatric assessment?

<p>Court authorization after assessment (C)</p> Signup and view all the answers

What type of environment is required for authorized confinement?

<p>A specialized institution (D)</p> Signup and view all the answers

What does having reduced legal capacity imply about a person's ability to consent to medical care?

<p>They may still retain the ability to consent to some types of care. (C)</p> Signup and view all the answers

What should the description of danger presented to a court include?

<p>Specific and personalized details (D)</p> Signup and view all the answers

What is a significant pitfall that legal and medical professionals should avoid?

<p>Assuming all elderly patients lack the capacity to express themselves. (D)</p> Signup and view all the answers

What does the phrase 'doubt as to the dangerousness of the patient' signify in the context of confinement?

<p>A lack of sufficient evidence for confinement (D)</p> Signup and view all the answers

What type of confinement is described as more of an aspiration rather than a common occurrence?

<p>Voluntary confinement. (B)</p> Signup and view all the answers

In the context of psychiatric confinement, what can lead an individual to change their assessment results?

<p>Changes in mood and behavior during confinement (B)</p> Signup and view all the answers

What is a common misconception regarding the term 'danger to self and others'?

<p>It always leads to confinement (A)</p> Signup and view all the answers

Which type of confinement is intended as a preemptive measure to ensure safety?

<p>Preventative confinement. (B)</p> Signup and view all the answers

What was the outcome for the individual referred to as 'Bob the Builder' in a court case?

<p>He was released after demonstrating self-awareness (A)</p> Signup and view all the answers

Why is it important for patients to express their wishes even if they lack legal decision-making capacity?

<p>Their wishes can still have emotional weight. (B)</p> Signup and view all the answers

What must accompany a psychiatric assessment that indicates confinement is necessary?

<p>Court authorization (B)</p> Signup and view all the answers

What legislative act is mentioned concerning the protection of individuals whose mental state poses a danger?

<p>Act Respecting the Protection of Persons. (D)</p> Signup and view all the answers

What does a 'serious and immediate danger to oneself or others' refer to in the context of confinement?

<p>Criteria for preventative confinement. (D)</p> Signup and view all the answers

How should psychiatrists document a patient's behaviors for court presentations?

<p>With detailed, specific narratives (D)</p> Signup and view all the answers

What should be taken into serious consideration when evaluating a patient for consent?

<p>Any current cognitive impairments they exhibit. (A)</p> Signup and view all the answers

What role does court intervention play in psychiatric confinement?

<p>To authorize and oversee the confinement process (B)</p> Signup and view all the answers

What can be a reason for a person to be confined without prior consent?

<p>Immediate assessment indicating danger (C)</p> Signup and view all the answers

What is a major reason why professionals might disregard patient preferences in a clinical setting?

<p>The immediate safety and security concerns. (C)</p> Signup and view all the answers

What factor can diminish the likelihood of maintaining confinement during a court evaluation?

<p>The quick stabilization of the patient (D)</p> Signup and view all the answers

What is indicated by the phrase 'the integrity and enviability of the person' in the context of confinement?

<p>Every individual's freedom should be preserved except in emergencies. (D)</p> Signup and view all the answers

How can legal and medical professionals better support vulnerable patients?

<p>By listening and giving moral weight to their expressions. (D)</p> Signup and view all the answers

What aspect is crucial in convincing a court about a patient's dangerousness?

<p>Behavior patterns demonstrated and documented (A)</p> Signup and view all the answers

What may occur when legal capacity and the ability to consent are confused?

<p>Patients' rights to express themselves are compromised. (C)</p> Signup and view all the answers

What does it mean if a patient has 'self-awareness' during evaluations?

<p>They recognize their condition and potential risks (B)</p> Signup and view all the answers

In the context of confinement types, what distinguishes 'authorized confinement'?

<p>It is a long-term commitment for treatment. (B)</p> Signup and view all the answers

What attitude should professionals strive to retain when interacting with patients?

<p>An idealistic approach that supports patients' expressions. (B)</p> Signup and view all the answers

What is the significance of having a plan after leaving the hospital for patients?

<p>It indicates they are aware of their illness and can manage it. (D)</p> Signup and view all the answers

What must be demonstrated for a patient to be placed in preventative confinement?

<p>They pose a grave and immediate danger. (D)</p> Signup and view all the answers

Who can authorize preventative confinement without a court order?

<p>Any attending physician. (A)</p> Signup and view all the answers

In what situation would a special psychiatric unit be dispatched?

<p>In response to a 911 call regarding a patient in crisis. (A)</p> Signup and view all the answers

What characterizes forensic confinement as described?

<p>It involves a detailed provisional report justifying the confinement. (D)</p> Signup and view all the answers

Why is it important to assess psychiatric patients in a timely manner?

<p>To avoid legal implications for prolonged detention. (A)</p> Signup and view all the answers

What does Article 6 emphasize regarding preventative confinement?

<p>It allows for immediate confinement based on physician judgment without a court order. (C)</p> Signup and view all the answers

What must happen upon receiving a 911 call related to a psychiatric emergency?

<p>Immediate intervention and assessment are required. (D)</p> Signup and view all the answers

What is a key consideration regarding transferring patients between hospitals?

<p>It's crucial to ensure proper transfer records are maintained. (A)</p> Signup and view all the answers

What could indicate that a patient is in a state of delirium?

<p>They exhibit signs of violent behavior. (A)</p> Signup and view all the answers

What distinguishes preventative confinement from forensic confinement?

<p>Preventative confinement can happen immediately without court involvement. (C)</p> Signup and view all the answers

Why might planning for post-hospital life be crucial for a patient?

<p>It secures a sense of stability that can mitigate risks. (B)</p> Signup and view all the answers

What describes the role of hospital staff in preventative confinement?

<p>They are responsible for immediate assessment and documentation of the situation. (D)</p> Signup and view all the answers

What is an example of an immediate danger that may lead to preventative confinement?

<p>A patient who is attempting self-harm or acting violently. (D)</p> Signup and view all the answers

What is required if a person refuses their first psychiatric evaluation?

<p>A court order for evaluation (A)</p> Signup and view all the answers

How many independent psychiatric evaluations are required to assess dangerousness?

<p>Two evaluations are needed (A)</p> Signup and view all the answers

Within what time frame must the first psychiatric assessment be conducted following a court order?

<p>24 hours (D)</p> Signup and view all the answers

What happens if the second psychiatric evaluation is not completed within the required timeframe?

<p>Legal confinement damages may occur (A)</p> Signup and view all the answers

In which instance is provisional confinement applicable?

<p>When the court believes an individual is a danger (A)</p> Signup and view all the answers

What is the maximum stay in a hospital before necessitating additional evaluation?

<p>72 hours (C)</p> Signup and view all the answers

What must a medical professional justify in court regarding additional medical tests?

<p>The necessity of the tests (A)</p> Signup and view all the answers

If a patient refuses to go through with a psychiatric evaluation after passing the first one, what is needed?

<p>Court order (B)</p> Signup and view all the answers

What was the patient's primary belief regarding his treatment?

<p>Sunshine and cannabis would aid in his healing. (C)</p> Signup and view all the answers

What order must be made if a person is to remain under preventive confinement?

<p>Obtain a court order for further assessment (D)</p> Signup and view all the answers

Why did the medical team feel it was unsafe for the patient to leave the hospital?

<p>He had a low neutrophil count and risked developing sepsis. (B)</p> Signup and view all the answers

What legal step did the medical team take to keep the patient in the hospital?

<p>They secured a court order for containment. (A)</p> Signup and view all the answers

What is a common reason individuals might refuse COVID testing in a confined setting?

<p>General refusal to any tests (C)</p> Signup and view all the answers

When must the second psychiatric examination be completed after preventive confinement?

<p>48 hours after the first evaluation (C)</p> Signup and view all the answers

Which of the following statements describes the patient's condition when discussing his desire to leave the hospital?

<p>He lacked insight into the severity of his illness. (D)</p> Signup and view all the answers

Which legal action is necessary if both psychiatrists conclude a patient is dangerous but the patient refuses to stay?

<p>A court order for confinement (D)</p> Signup and view all the answers

What does the ethical principle discussed suggest about patient autonomy?

<p>Patients have the right to refuse treatment regardless of their state. (D)</p> Signup and view all the answers

What type of confinement does paragraph 27 discuss?

<p>Preventative confinement (C)</p> Signup and view all the answers

Which scenario is NOT considered a reason for forced confinement following a psychiatric assessment?

<p>The patient refuses to accept any treatment. (D)</p> Signup and view all the answers

What is a key condition under which someone can be held in a healthcare institution?

<p>They exhibit behavior that poses an immediate danger. (C)</p> Signup and view all the answers

What could indicate that the healthcare team might be dealing with a complex ethical situation?

<p>The patient's preferences conflict with medical advice. (B)</p> Signup and view all the answers

In what situation can a healthcare provider NOT force a patient to undergo assessment?

<p>If the patient refuses to consent for assessment. (D)</p> Signup and view all the answers

What does paragraph 26 imply about psychiatric assessments?

<p>Patients may refuse assessments without consequence. (A)</p> Signup and view all the answers

What could be a significant drawback of prioritizing patient autonomy in acute medical situations?

<p>It may lead to harmful health outcomes if patients refuse care. (B)</p> Signup and view all the answers

The ethical debate regarding the patient's desire for cannabis highlights which of the following issues?

<p>The importance of personal beliefs in health decisions. (B)</p> Signup and view all the answers

What role does insight into a medical condition play in patient decision-making?

<p>It can guide effective communication between the patient and doctor. (A)</p> Signup and view all the answers

The patient’s desire for sunshine and cannabis is an example of which of the following concepts?

<p>Alternative healing preferences. (C)</p> Signup and view all the answers

What does Article 26 primarily address?

<p>The requirement of court authorization to leave the hospital (B)</p> Signup and view all the answers

What role do hospitals have after a patient is brought in under preventative confinement?

<p>They must follow specific protocols for assessment and discharge (C)</p> Signup and view all the answers

Which of the following is NOT a responsibility of the hospital after a patient is admitted?

<p>Decide the patient's treatment plan without input (A)</p> Signup and view all the answers

When might the police be involved in the assessment of a patient?

<p>When the patient exhibited abusive behavior towards staff (B)</p> Signup and view all the answers

What can complicate the decision-making process for patients who are minors?

<p>The need for delegated consent from parents or guardians (C)</p> Signup and view all the answers

What is a primary concern related to the behavior of individuals when brought in for clinical assessment?

<p>The risk of physical harm to hospital staff (D)</p> Signup and view all the answers

What factors are considered when assessing whether a patient requires preventative confinement?

<p>The potential long-term consequences for the patient (C)</p> Signup and view all the answers

What is an essential part of the protocol once a patient is admitted to a hospital?

<p>Documentation of the patient's information into the system (D)</p> Signup and view all the answers

What triggers the need for psychiatric assessment in the context described?

<p>When a person exhibits immediate danger to themselves or others (D)</p> Signup and view all the answers

In what situation would a physician likely need to act quickly during a clinical assessment?

<p>If the patient has visible signs of severe medical distress (B)</p> Signup and view all the answers

How soon must the first psychiatric report be ordered after confinement?

<p>Within 24 hours (C)</p> Signup and view all the answers

Why might a patient's family call for help in emergency situations?

<p>They fear for the patient's safety due to irrational behavior (A)</p> Signup and view all the answers

What role does a peace officer play in a mental health crisis situation?

<p>To take a person into custody without court authorization (D)</p> Signup and view all the answers

What is often a reason behind a patient refusing treatment in a hospital setting?

<p>All of the above (D)</p> Signup and view all the answers

What is the requirement for an institution receiving a person under preventative confinement?

<p>It must have adequate resources and staff (A)</p> Signup and view all the answers

How is the clinical question regarding abusive behavior typically framed?

<p>It is a critical aspect of the clinical assessment process (D)</p> Signup and view all the answers

What is necessary for a person to remain confined after the initial examination?

<p>There must be a further assessment indicating continued risk (C)</p> Signup and view all the answers

What is the maximum time allowed before the first examination must be conducted?

<p>24 hours after being taken charge by the institution (A)</p> Signup and view all the answers

What is a common consequence of delayed assessments for admitted patients?

<p>Extended hospital stays without treatment (D)</p> Signup and view all the answers

What procedural step must be completed before a patient can be discharged from preventative confinement?

<p>A court authorization must be secured (C)</p> Signup and view all the answers

What factors must be assessed for a clinical evaluation for continued confinement?

<p>Long-term danger based on mental health condition (C)</p> Signup and view all the answers

What must a peace officer believe in order to take immediate action in a mental health crisis?

<p>That the person's mental state presents a grave danger (A)</p> Signup and view all the answers

What situation may allow parents to call for police intervention regarding their child?

<p>When a mental health crisis is perceived (A)</p> Signup and view all the answers

Under what condition can preventative confinement be ended?

<p>If the assessment concludes confinement is unnecessary (B)</p> Signup and view all the answers

What is needed to continue confinement beyond the initial period?

<p>Ongoing psychiatric evaluations (D)</p> Signup and view all the answers

What does the CCQ describe in relation to mental health crises?

<p>The protocol for preventative interventions (A)</p> Signup and view all the answers

What can result from a physician's assessment after a person is brought to an institution?

<p>Preventative confinement based on the physician's judgment (A)</p> Signup and view all the answers

What similarity exists between the CCQ and P38 legislation?

<p>Both outline the protocols for assessing mental health crises (B)</p> Signup and view all the answers

What is the main purpose of preventative confinement in a psychiatric context?

<p>To conduct initial assessments and prevent harm (B)</p> Signup and view all the answers

How many total hours are allowed for assessments and court orders in the described scenario?

<p>96 hours from police arrival (A)</p> Signup and view all the answers

In the situation where a patient refuses an assessment, what is the next step for the psychiatrist?

<p>Request a court order for the assessment (B)</p> Signup and view all the answers

What is required from both psychiatrists for continued confinement after assessments?

<p>Both must determine the patient is a danger to themselves or others (A)</p> Signup and view all the answers

What is the primary role of a court in the assessment and confinement process?

<p>To authorize further assessments and confinement (A)</p> Signup and view all the answers

What happens if a patient consents to an assessment but later refuses?

<p>The psychiatrist must seek a new court order (A)</p> Signup and view all the answers

What is the maximum allowed duration for a patient to be confined for assessment?

<p>30 days maximum without re-evaluation (C)</p> Signup and view all the answers

What is the primary reason for obtaining a preventative report?

<p>To provide evidence for court regarding the patient's condition (A)</p> Signup and view all the answers

What contributes to a patient's refusal to cooperate during evaluations?

<p>Feelings of being targeted by the system (C)</p> Signup and view all the answers

Which step follows after the first assessment in the case of refusal?

<p>Requesting a court order for further evaluation (A)</p> Signup and view all the answers

What time limit is given for the application of confinement to be presented to the court?

<p>48 hours after the completion of the second report (B)</p> Signup and view all the answers

What signifies the shift from preventative to provisional confinement?

<p>Court authorization for longer confinement (A)</p> Signup and view all the answers

What key factor determines the length of confinement requested by the psychiatrist?

<p>Severity of the patient's condition (C)</p> Signup and view all the answers

Which aspect is crucial for determining when to consider a patient for release from confinement?

<p>Observation of behavioral changes (D)</p> Signup and view all the answers

What is required for a patient to remain confined beyond the initial 30-day period?

<p>Convincing reason that further confinement is necessary (B)</p> Signup and view all the answers

What is the significance of obtaining psychiatric reports before a court order expires?

<p>To justify additional confinement if necessary (A)</p> Signup and view all the answers

What happens if a patient’s evaluation is not completed before the 30-day limit according to the provided rules?

<p>The patient must be released automatically (D)</p> Signup and view all the answers

Which of the following is NOT a right afforded to a patient in confinement?

<p>The right to remain in a hospital indefinitely (D)</p> Signup and view all the answers

What role do family members play in the confinement process?

<p>They act as third parties and are notified of motions (A)</p> Signup and view all the answers

Why is it important for judges to receive detailed reports from hospitals?

<p>To prevent rubber-stamping of decisions (C)</p> Signup and view all the answers

What is the main consequence of a failure to evaluate a patient before the expiration of the court order?

<p>The patient is automatically released (D)</p> Signup and view all the answers

Which of the following describes the process of obtaining reports for additional confinement?

<p>Regular evaluations ensure continued justification for confinement (A)</p> Signup and view all the answers

What does maximum discretion refer to in the context of patient confinement?

<p>Judges and hospitals have the discretion to modify the confinement duration (A)</p> Signup and view all the answers

What is the specific deadline for evaluating a patient before a court order expires?

<p>48 hours before expiration (D)</p> Signup and view all the answers

What happens if both psychiatric reports conclude confinement is necessary?

<p>The judge may still refuse to authorize the confinement (D)</p> Signup and view all the answers

What typically happens after a patient is initially confined in a hospital?

<p>Follow-up evaluations and reports are initiated (D)</p> Signup and view all the answers

How do judges ensure patients' rights are respected during the confinement process?

<p>By requiring patients' testimonies regardless of their mental state (B)</p> Signup and view all the answers

What should individuals do to protect their rights in the event of an accident at work?

<p>Document the incident as soon as possible (A)</p> Signup and view all the answers

Which of the following statements about documenting accidents is most accurate?

<p>Accidents should be reported as soon as possible (B)</p> Signup and view all the answers

What role do unions play according to the information provided?

<p>Unions are supportive of workers' rights and protections (B)</p> Signup and view all the answers

What is a key recommendation for individuals regarding their physical and mental health?

<p>Prioritize personal well-being and protection (C)</p> Signup and view all the answers

What is the consequence of not documenting an incident in a timely manner?

<p>It may complicate protection of personal rights later (C)</p> Signup and view all the answers

What is the main principle underlying the requirement to keep patients informed about their rights?

<p>Ensuring informed consent for treatment (C)</p> Signup and view all the answers

Who is authorized to give consent for care on behalf of a person under 14 years old?

<p>An authorized guardian or parent (A)</p> Signup and view all the answers

What is a common procedure to take when a patient exhibits disturbing behavior?

<p>Consulting with hospital administration for proper action (D)</p> Signup and view all the answers

What is the standard practice regarding a patient's access to their medical records?

<p>Patients must request access to their medical records through specific procedures (C)</p> Signup and view all the answers

Under what condition can access to a medical record be temporarily denied?

<p>If it may harm the patient's health (D)</p> Signup and view all the answers

What does Article 17 of HFS stipulate regarding patients aged 14 and older?

<p>They have a right to access their medical records (A)</p> Signup and view all the answers

What must occur if a judge does not authorize confinement of a patient?

<p>The patient must be released immediately (C)</p> Signup and view all the answers

Which of the following statements is true regarding treatment orders?

<p>Treatment orders can vary based on specific patient circumstances (D)</p> Signup and view all the answers

What is the main reason for delaying the disclosure of certain medical information?

<p>To protect the patient’s immediate emotional health (A)</p> Signup and view all the answers

What must be established to create a treatment order for a patient?

<p>Demonstration of potential harm without treatment options (C)</p> Signup and view all the answers

In the case of a patient under confinement, what must be prioritized during their care?

<p>Safety and the ethical treatment of the patient (B)</p> Signup and view all the answers

If a minor refuses care, which factor might necessitate court intervention?

<p>The minor’s ability to understand their illness (D)</p> Signup and view all the answers

Which of the following is a significant risk when treating minors for serious health issues?

<p>Minors may not fully understand the risks involved (B)</p> Signup and view all the answers

What is a possible outcome if the ethics of patient consent are not carefully followed?

<p>Legal repercussions for the medical staff involved (D)</p> Signup and view all the answers

Under Section 38 of the Youth Protection Act, what is required of professionals who suspect a child is in danger?

<p>They are required to report it to the authorities immediately. (D)</p> Signup and view all the answers

What is a potential consequence of leaving a child's psychiatric conditions untreated?

<p>Irreversible changes in brain chemistry. (A)</p> Signup and view all the answers

At what age can minors generally provide their own consent for medical procedures?

<p>14 years old or over. (C)</p> Signup and view all the answers

What must a professional do if they suspect a minor is being abused or neglected?

<p>Consult with their unit and possibly file a report. (C)</p> Signup and view all the answers

Which action is NOT required when reporting suspected child endangerment?

<p>Gathering evidence before reporting. (D)</p> Signup and view all the answers

When can parental consent be overridden for a minor receiving treatment?

<p>In emergencies where life is at risk. (A)</p> Signup and view all the answers

Why is contemporaneous documentation significant in legal contexts?

<p>It serves as credible evidence in court. (D)</p> Signup and view all the answers

What legal responsibility do professionals have when they suspect child abuse?

<p>They are required to report their suspicions to authorities. (A)</p> Signup and view all the answers

What happens if a minor refuses treatment but an emergency arises?

<p>Parental consent is no longer necessary. (B)</p> Signup and view all the answers

What is the significance of the language used in the law regarding child welfare?

<p>Every word can significantly change the meaning. (C)</p> Signup and view all the answers

What happens to a child who frequently misses school without cause?

<p>It may indicate neglect or endangerment. (A)</p> Signup and view all the answers

What might signify that a child's behavior needs urgent intervention?

<p>Excessive behavioral disturbances left untreated. (D)</p> Signup and view all the answers

What is the role of documentation in protecting professionals when reporting suspected abuse?

<p>It secures their professional conduct. (D)</p> Signup and view all the answers

What constitutes a key indicator for involving legal action in cases involving minors?

<p>Clear evidence of abuse or neglect. (D)</p> Signup and view all the answers

What did the Supreme Court rule regarding patients' rights to access their medical files?

<p>Patients are entitled to reasonable access to examine and copy their files. (C)</p> Signup and view all the answers

Who is entitled to receive communication of information regarding a deceased user's cause of death?

<p>Direct descendants unless otherwise refused in writing. (D)</p> Signup and view all the answers

What restriction exists regarding parents accessing the medical records of their minor children under 15?

<p>Parents do not have access to psychosocial information. (B)</p> Signup and view all the answers

In the case of a deceased user, whose rights are considered when accessing the user's records?

<p>The legal representatives to the extent deemed necessary. (B)</p> Signup and view all the answers

What is a reason for which a minor's medical records may be withheld from parents?

<p>The institution believes communication may endanger the minor's health. (D)</p> Signup and view all the answers

What condition allows blood relatives of a deceased user to access medical information regarding hereditary diseases?

<p>It must be necessary to verify the existence of a genetic hereditary disease. (A)</p> Signup and view all the answers

Which of the following scenarios does NOT justify withholding a minor's medical records?

<p>Parental consent was not obtained. (D)</p> Signup and view all the answers

What specific right do minors aged 14 and older have regarding access to their medical records?

<p>They can deny access if it is prejudicial to their health. (A)</p> Signup and view all the answers

What determines whether the medical information shared could be prejudicial to a minor's health?

<p>Consultation with the director of youth protection. (C)</p> Signup and view all the answers

What is the implication of the phrase 'reasonable access' in patient rights?

<p>There are procedures that must be followed to obtain records. (A)</p> Signup and view all the answers

In what situation can legal representatives access the user's records after death?

<p>If they can demonstrate a need related to their rights. (D)</p> Signup and view all the answers

Which category does NOT have straightforward access to a minor's medical records?

<p>Family members who are not related by blood. (A)</p> Signup and view all the answers

When is it permissible for the institution to refuse communication of a user's record?

<p>When the records contain sensitive information that may harm the user. (A)</p> Signup and view all the answers

What is a fundamental principle regarding the communication of medical records after a patient's death?

<p>The cause of death can be communicated unless explicitly refused by the deceased. (D)</p> Signup and view all the answers

What was one of the main reasons for the hospital in Laval to restrict access to GYN services?

<p>Overwhelming demand for services (D)</p> Signup and view all the answers

Which legal principle was emphasized in the court's decision regarding the hospital's policy on residency restrictions?

<p>Discrimination based on residency is not acceptable (A)</p> Signup and view all the answers

What was the patient’s main complaint during her visit regarding her treatment at the hospital?

<p>Delayed access to pain medication (D)</p> Signup and view all the answers

What outcome did the court reach regarding the hospital's handling of the patient with the broken wrist?

<p>The hospital did nothing wrong given its resources (D)</p> Signup and view all the answers

What was the primary reason the treating team declined to put the patient on the kidney transplant waiting list?

<p>Behavioral issues (D)</p> Signup and view all the answers

What did the speaker imply about the realities of emergency care in the hospital?

<p>Serious conditions receive priority treatment (B)</p> Signup and view all the answers

What limitation is placed on hospitals regarding the policies they can implement?

<p>They cannot arbitrarily restrict patient access (D)</p> Signup and view all the answers

Which term is essential to describe a successful interaction between a clinician and a patient?

<p>Therapeutic relationship (B)</p> Signup and view all the answers

What action did the patient attempt to take against the hospital concerning his treatment?

<p>File a lawsuit to be added to the transplant list (B)</p> Signup and view all the answers

Which factor contributed to the long waiting times experienced by the patients at the hospital?

<p>Inadequate staffing during emergencies (B)</p> Signup and view all the answers

What legal argument did the patient make to refuse transfer to another health establishment?

<p>Capacity to refuse care (A)</p> Signup and view all the answers

What reasoning did the hospital use to justify their restriction of services?

<p>To prevent potential collapse of the healthcare system (B)</p> Signup and view all the answers

What does the term 'triage' refer to in the context of hospital emergency procedures?

<p>The prioritization of patient treatment based on urgency (D)</p> Signup and view all the answers

What consequence does compromised therapeutic relationship lead to in a clinical setting?

<p>Inability to provide effective treatment (D)</p> Signup and view all the answers

Why might a patient with a non-life-threatening condition face long wait times in the emergency room?

<p>Medical staff prioritize life-threatening conditions (B)</p> Signup and view all the answers

Which statement describes the hospital's response to the patient's behavior?

<p>They dropped him as a patient (B)</p> Signup and view all the answers

What was a likely consequence of the hospital's actions regarding service restrictions?

<p>Legal challenges related to discrimination (B)</p> Signup and view all the answers

What is one of the roles of medical professionals when dealing with difficult patients?

<p>Document the patient's behavior (D)</p> Signup and view all the answers

What does this situation reveal about hospital resource management in emergencies?

<p>Limited resources can lead to service restriction dilemmas (C)</p> Signup and view all the answers

How did the hospital justify their need to transfer the patient?

<p>The inability to treat him effectively (D)</p> Signup and view all the answers

What lesson can be drawn about patient rights in emergency healthcare settings based on the discussed cases?

<p>Patients have the right to challenge potentially discriminatory practices (A)</p> Signup and view all the answers

What does the court's ruling indicate regarding the complex nature of treatment decisions?

<p>Collaboration among professionals is crucial. (B)</p> Signup and view all the answers

What was the patient’s belief that complicated his situation?

<p>That he was a victim of a conspiracy against him (C)</p> Signup and view all the answers

What standard did the court apply when assessing the patient's behavior related to treatment eligibility?

<p>A consistent therapeutic relationship is essential for successful treatment. (C)</p> Signup and view all the answers

What right did the patient exercise by refusing to be transferred?

<p>Right to privacy (D)</p> Signup and view all the answers

Why is it vital for healthcare professionals to maintain boundaries with patients?

<p>To ensure the safety of the staff and other patients (D)</p> Signup and view all the answers

What does the term 'ping pong' refer to in the hospital's strategy regarding the patient?

<p>Movement of the patient between multiple hospitals (D)</p> Signup and view all the answers

What is important to remember when discussing the legal obligations with parents of a minor in a hospital?

<p>The hospital must communicate with parents only as legally required. (A)</p> Signup and view all the answers

What does the speaker mean by stating, 'you have to know your bottom line'?

<p>You need a clear understanding of legal and ethical responsibilities. (D)</p> Signup and view all the answers

Why might it be prejudicial to disclose too much information to the parents of a minor?

<p>Such disclosure can impact the minor's trust in the healthcare system. (D)</p> Signup and view all the answers

What role does the clinical team play in situations involving minors?

<p>They collaborate to assess both legal and clinical aspects of care. (A)</p> Signup and view all the answers

What should be considered when assessing a minor's treatment in relation to their parents?

<p>Potential abusive dynamics between the minor and their parents. (B)</p> Signup and view all the answers

In what scenario might hospital administrators 'give in' to demands?

<p>When there is significant pressure from an influential parent. (B)</p> Signup and view all the answers

Which of the following is considered a primary right of patients in healthcare settings?

<p>The right to receive services that are professionally appropriate. (B)</p> Signup and view all the answers

How does the concept of limited resources impact patient care?

<p>It requires healthcare providers to prioritize certain patients. (D)</p> Signup and view all the answers

Which article protects the rights of users regarding health and social services?

<p>Article 5. (A)</p> Signup and view all the answers

What is a common misconception about the role of seniors in healthcare?

<p>They are the most sexually active demographic. (D)</p> Signup and view all the answers

What does universality of healthcare refer to in this context?

<p>Every individual has equal rights to access medical services. (B)</p> Signup and view all the answers

What implications does limited financial resources have on health services?

<p>Healthcare institutions must prioritize patient needs against available funding. (C)</p> Signup and view all the answers

What should be taken into consideration when assessing a patient in confinement?

<p>The potential for future dangerous behavior. (D)</p> Signup and view all the answers

What is a key responsibility of healthcare professionals when dealing with patient consent?

<p>To respect patient autonomy and their choices. (C)</p> Signup and view all the answers

What does the expression 'squeaky wheel gets the oil' imply in a hospital context?

<p>Passive patients are often neglected in favor of more vocal ones. (D)</p> Signup and view all the answers

Flashcards

Midterm Exam

A test covering childhood ethics concepts to be taken next week.

End-of-Life Ethics

Ethical considerations related to the end of a person's life, to be discussed after the midterm.

Pepperoni Pizza and Sex Article

An article used to discuss narrative ethics. It also may bring up emotion.

Workshop Report

A report on the topic of consent, opt-in/opt-out, and organ allocation in scarcity is due tonight.

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Confinements and Psychiatric Treatment

Topics in confined settings and care of those with mental health conditions.

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Suicide Alleviation

Helping someone cope with thoughts of suicide.

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Childhood Ethics

Ethical principles related to children and their care.

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Nursing Children

Providing care and treatment to children in hospitals

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Categorical Refusal

When a patient absolutely refuses any and all medical treatment, despite their condition.

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Treatment Order

A court order allowing medical treatment for a patient who lacks capacity and refuses care.

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Delegated Consent

A representative making medical choices for someone who cannot consent.

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Best Interest Standard

The primary consideration for a patient's care is what benefits them the most.

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Serious Risk for Minors

When a minor's health could be severely harmed if they refuse treatment.

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Treatment Order vs. Confinement Order

Treatment order allows for treatment, while confinement limits the patient to a specific location.

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Proof of Incapacity

The hospital must demonstrate the patient is unable to consent to treatment.

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Strategic Refusal

A refusal that's meant to gain something, not necessarily a genuine refusal of care.

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Capacity Assessment

Evaluating a patient's ability to understand their condition and treatment options.

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Treatment Order Process

Hospital petitions the court, provides proof, and an expert review.

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Expert Report

A report by a medical professional describing the patient's condition and treatment.

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Electroconvulsive Therapy (ECT)

A treatment involving inducing a seizure to treat severe mental illness.

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Risk of Not Receiving Treatment

The potential consequences of refusing care, possibly worsening the condition.

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Burden of Proof

The responsibility of the hospital to show why the treatment order is needed.

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Five Key Questions

A set of questions used to assess a patient's capacity to consent.

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Legal Capacity vs. Consent Capacity

The ability to make legal decisions is separate from the ability to consent to medical treatment. Someone can be legally incapacitated but still have the capacity to consent to specific medical interventions.

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Residual Capacity

Even when someone has reduced legal capacity due to a court order or mental impairment, they retain the ability to make decisions about specific medical care.

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Assessing Capacity in Cognitive Impairment

It's essential to assess a person's capacity to consent to care, even if they have cognitive limitations like age or dementia.

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Vulnerability & Consent

A person's vulnerability should not override their right to refuse treatment.

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Moral Weight of Refusal

Even if someone lacks legal capacity, their desire to refuse treatment should be acknowledged and considered.

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Confinement: Exceptional Measure

Restricting someone's freedom of movement is permitted only in cases of serious and immediate danger to themselves or others.

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Preventive Confinement

Restricting someone's freedom to prevent imminent harm to themselves or others.

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Authorized Confinement

A longer-term commitment to confine someone to a treatment facility.

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Voluntary Confinement

When someone chooses to be confined for treatment, though it's less common.

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Force confinement

A person is confined against their will, but it is usually necessary for their safety or the safety of others.

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Code of Civil Procedure

A law that provides the basic legal framework for confinement.

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Act respecting the protection of persons

A specific law that protects people with mental health conditions who present a danger to themselves or others.

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Preventative & Provisional Confinement

Temporary confinement as a preliminary measure to evaluate a situation.

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Aspirational Confinement

A commitment to confinement that is primarily driven by the patient's own desire for treatment.

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Importance of Listening

It's crucial to listen to what people are saying, even if their capacity to make decisions is limited.

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Idealistic Approach to Patient Care

Aiming to empower and respect patients' right to express themselves, even in challenging clinical settings.

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Psychiatric Assessment

An evaluation of a person's mental state to determine if they meet the criteria for psychiatric confinement.

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Dangerousness

The criteria for psychiatric confinement, meaning the person poses a significant risk to themselves or others.

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Changing of Mind

A possibility where a person's mental state improves after a psychiatric assessment, making them less likely to be confined.

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Specific and Personalized

The necessity of detailed evidence presented to the court to justify confining a person, beyond generic descriptions.

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Fact Pattern

A detailed presentation of the patient's behaviors, opinions, and mental state used to justify confinement.

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Doubt as Danger

The principle that simply suspecting danger isn't enough to justify confinement; actual evidence is needed.

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Embellished Information

When a hospital may exaggerate a patient's danger to justify confinement.

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Self-Awareness

The ability of a person to recognize their own mental state and potential for harm, which can influence their confinement.

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Hospital Disregard

The situation where a hospital fails to properly listen to and address a patient's concerns, potentially leading to inappropriate confinement.

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Hypothetical Danger

The concept that simply fearing a future, hypothetical scenario isn't enough for confinement; actual evidence is needed.

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Mischief

A term used to describe someone who is being disruptive or causing trouble, not necessarily a danger to themselves or others.

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Grave & Immediate Danger

A dangerous situation involving a high likelihood of serious harm or death, requiring immediate action.

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What are your plans?

A key question asked during psychiatric assessments to gauge a patient's stability and safety after hospital discharge.

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Forensic Confinement

Confining someone to a hospital for a psychiatric assessment, usually due to disruptive behavior or the need for mental health evaluation.

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Provisional Report

A detailed report created by a psychiatrist explaining the reasons for a psychiatric assessment and why confinement is necessary.

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72 Hour Theory

The principle that a person should not be confined indefinitely without proper evaluation and justification.

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Types of Preventative Confinement

Different scenarios where confinement occurs, ranging from court-ordered to physician-directed, with varying levels of restriction.

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Forced Treatment

Administering medical treatment to a patient who is unable to consent, often due to mental illness or incapacity.

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Ethics Consult

Seeking guidance and advice from an ethics committee regarding a complex medical case involving ethical dilemmas.

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Article 26

A law granting the right to leave a hospital and the hospital's obligation to seek court authorization for further assessment or confinement.

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Provisional Confinement

A temporary confinement used to assess the current situation and determine the need for further action.

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What does Article 26 address?

It outlines the right of someone to leave a hospital and the hospital's responsibility to seek court authorization if they want to keep someone for assessment.

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What is the difference between preventative and provisional confinement?

Preventative confinement is a short-term measure to prevent immediate harm, while provisional confinement is a temporary holding period to assess the situation and determine the need for further action.

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What is the process for authorized confinement?

It requires a court order, which is only issued after a comprehensive assessment and a demonstration that the individual poses a danger to themselves or others.

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What is delegated consent used for?

When someone is unable to make their own medical decisions, a representative (like a parent or guardian) can step in to make those choices.

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What is the role of the hospital in Article 26?

The hospital must respect an individual's right to leave, but can seek a court authorization for continued assessment or confinement if necessary.

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What is the difference between preventative confinement and authorized confinement?

Preventative confinement is temporary and designed to prevent immediate harm, while authorized confinement is a longer-term commitment that requires court authorization.

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When is delegated consent a necessity?

When someone lacks the capacity to make their own medical decisions, a trusted representative can step in to make those choices.

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What are the conditions for authorized confinement?

There must be a demonstrable danger to the individual or others, and a court order must be obtained following a thorough assessment.

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What is the significance of Article 26 in hospital care?

It ensures that patients have the right to leave a hospital, but also provides a framework for lawful confinement when necessary.

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Patient Autonomy

The right of a patient to make their own decisions about their medical care, even if those decisions seem unwise or go against medical recommendations.

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Neutropenia

A low white blood cell count, specifically neutrophils, which makes the body more susceptible to infections.

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Sepsis

A life-threatening condition where the body's response to infection causes widespread inflammation, potentially leading to organ failure.

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Containment Order

A legal order that restricts a patient's freedom of movement, usually in a medical setting, to prevent them from leaving and potentially harming themselves.

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Insight into Disease

A patient's ability to accurately understand their own medical condition, including its seriousness and potential consequences.

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Authorization by Court

A legal order issued by a judge allowing for the confinement or treatment of a person who cannot consent or who poses a risk to themselves or others.

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Dangerousness (in Mental Health)

The criteria for psychiatric confinement, meaning someone poses a significant risk to themselves or others, often linked to mental illness.

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72-Hour Rule

The principle that someone should not be confined indefinitely without proper evaluation and justification, requiring a psychiatric assessment within 72 hours.

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Hospital's Burden of Proof

The responsibility of the hospital to provide evidence to the court demonstrating why confinement is necessary and justified.

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Self-Awareness (in Mental Health)

The ability of a person to recognize their own mental state and potential for harm, which can influence their decision to seek help or resist confinement.

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Ethics Consultation

Seeking advice from an ethics committee when a medical case involves complex ethical dilemmas, especially in decisions related to confinement or forced treatment.

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Voluntary Confinement (Mental Health)

When a person chooses to be confined for treatment, often due to a desire for stability or support in managing mental health conditions, though less common.

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Mischief (in Context of Confinement)

Someone acting disruptive or causing trouble, but not necessarily posing a danger to themselves or others, not a sufficient justification for confinement.

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Refusal to be Assessed

When someone refuses to participate in a psychiatric evaluation, even if they are considered a risk. This can complicate the confinement process.

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Two Psychiatrists

The requirement for two psychiatrists to agree that someone is a danger for them to be confined for a longer term.

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Circumstantial Evidence

Information gathered from various sources like parents, reports, or observations, that can be used to support a confinement decision.

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Court Order

A legal document issued by a judge authorizing confinement, often required for a psychiatric assessment or longer confinement periods.

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Maximum 72 Hours

The maximum time someone can be held in preventative confinement before a court order is required, if they are not assessed.

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Maximum 30 Days

The maximum time a person can be confined in a psychiatric facility based on a single authorized confinement order.

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Danger to Self and Others

The legal standard used to justify someone's confinement. It means they pose a significant risk of harm to themselves or others.

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Gray Zone

Situations where decisions about confinement are complex and require careful judgment, as there may not be clear-cut answers.

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What is the legal basis for psychiatric confinement?

The legal basis for psychiatric confinement is based on the principle of protection of persons. A person can be confined if they are considered a danger to themselves or others due to a mental health condition. This is outlined in the Act respecting the protection of persons and Code of Civil Procedure.

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What are the two types of confinement?

There are two main types of confinement:

  1. Preventative confinement - Temporary confinement to assess if a person is a danger to themselves or others. This is a shorter-term measure while a full psychiatric assessment is conducted.
  2. Authorized confinement - Longer-term confinement in a psychiatric institution after an assessment concludes that a person is a danger to themselves or others.
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What is the role of the court in confinement?

The court plays a crucial role in authorizing confinement. They are responsible for reviewing the evidence and making a decision based on whether a person poses a danger. The court is also there to ensure that confinement is legally justified and that the person's rights are protected.

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How long can someone be kept in preventive confinement?

The maximum time a person can be kept in preventative confinement is 72 hours. This includes the time spent in the hospital before the court order and the time allowed for the two psychiatric assessments.

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Why are the two psychiatric assessments important?

The two separate psychiatric assessments are crucial because they provide independent evaluations of a person's mental state and dangerousness. The assessments must be done by two different psychiatrists, who then provide reports to the court. If a person refuses the assessments, a court order can mandate them.

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What happens if a person refuses psychiatric assessment?

If a person refuses psychiatric assessment, the hospital can apply for a court order to force the person into the assessment. The court will review the case and decide if it's justified to force the person into assessment.

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What is the role of the hospital in confinement?

The hospital has a responsibility to gather specific and personalized evidence about a person's mental state and dangerousness. This evidence is presented to the court, which then decides on whether to authorize confinement. They also have to ensure timely assessments are performed and to respect the patient's human rights.

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What are the dangers associated with confinement?

The dangers associated with confinement include potential for abuse, violation of human rights, and potential for over-diagnosis of mental illness. It's crucial to ensure confinement is only used as a last resort and that the person's consent is obtained whenever possible.

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What is the ‘72-hour theory’?

The ‘72-hour theory’ refers to the limited timeframe within which a person can be confined without a court order. Essentially, the first psychiatric assessment must happen within 24 hours, and the second must take place within 48 hours of the first assessment. If the two assessments are not completed within this 72-hour period, further confinement becomes legally questionable.

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What is a 'provisional report'?

A ‘provisional report’ is a document created by a psychiatrist after initial assessment. It details a person's mental state, any risks they pose to themselves or others, and provides justification for whether or not confinement is necessary. This report is crucial in making a case for or against confinement.

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What is 'forced treatment'?

‘Forced treatment’ refers to medical treatment administered against a person's will. This could be necessary in cases where a person is deemed legally incapable of consenting to treatment, but they pose a serious risk to themselves or others. The legal process usually requires a court order for forced treatment.

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What are the ethical considerations in confinement?

The ethical considerations in confinement center around respecting a person's autonomy and right to choose their own treatment even when they are deemed incapable of making decisions. Ethical committees and reviews should be involved in these cases to ensure that any decisions made are morally sound and uphold the patient's fundamental rights.

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Why should the patient's voice be heard?

It is important to listen to the patient's voice, even when they are deemed incapable of making decisions. This can be done by incorporating their expressed desires and concerns within the assessment and treatment plan. It's about respecting their dignity and acknowledging their experience, even if they are limited in their capacity.

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What is the 'idealistic approach' in patient care?

The ‘idealistic approach’ advocates for respecting the patient's autonomy and recognizing their humanity even in challenging clinical settings. It emphasizes understanding their perspective and valuing their right to make decisions even when their capacity is limited.

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Informed Consent

The principle that patients must be fully informed about their medical condition, treatment options, and potential risks before making decisions about their care.

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What if the patient's mental state changes after confinement?

If a person's mental state changes after initial confinement, it's crucial to reassess their need for continued confinement. If their condition improves and they no longer pose a threat, they should be released. The hospital must keep tabs on this and update the court regularly.

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Capacity to Consent

A person's ability to understand their medical condition, potential risks of treatment, and treatment alternatives.

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Access to Medical Records

Patients have the right to access their medical records, but not necessarily the physical copies.

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Temporary Denial of Access

Access to medical records can be temporarily denied if there's a significant risk of harm to the patient's mental or physical health.

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Confinement in Psychiatric Care

The act of legally restricting someone's freedom of movement to a hospital setting for their mental health assessment or treatment. This is a serious measure that should only be used on a very small number of patients, usually when they are a threat to themselves or others.

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What are the grounds for Confinement?

Confinement requires strong evidence that the individual presents a significant risk of harm to themselves or others (being dangerous). This includes serious threats of violence to themselves or others or actions that indicate they cannot care for themselves and are in danger.

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What does 'Dangerousness' mean in psychiatric Confinement?

A person is considered dangerous if they demonstrate clear and present risk of causing serious harm to themselves or others, especially through actions or behaviors that are directly related to mental health conditions.

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What is the Process of Confinement?

The process begins with a professional psychiatric assessment. If the assessment indicates a dangerous situation, the hospital may seek court authorization for confinement. The court reviews the evidence and decides if confinement is justified.

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What is the 72 Hour Rule?

This rule sets a maximum of 72 hours for immediate confinement before a formal assessment and potential court authorization. It's a temporary measure to prevent immediate harm, not a long-term solution.

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How does Article 26 impact Hospital Care?

Article 26 states that a patient has the right to leave a hospital. However, hospitals have a responsibility to seek court authorization for further assessment or confinement if they believe a patient poses a risk to themselves or others.

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What is a 'Containment Order'?

A legal order that restricts a patient's mobility, usually in a hospital setting, to prevent them from leaving and potentially harming themselves or others. It's a form of limited confinement for safety reasons.

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Why is 'Insight into Disease' Important?

A patient's understanding of their condition, its risks, and potential consequences can greatly influence their decisions about treatment and behavior. It's crucial for informed consent and safe discharge.

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What are 'Provisional Reports'?

These are detailed reports created by a psychiatrist explaining the reasons for a psychiatric assessment and why confinement is necessary. They serve as evidence to the court.

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Why is 'Forced Treatment' a complex issue?

It involves administering medical treatment to a patient who is unable to consent, often due to mental illness or incapacity. This raises ethical dilemmas about respecting autonomy and ensuring safety.

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What is an 'Ethics Consult'?

Seeking guidance and advice from an ethics committee regarding a complex medical case involving ethical dilemmas. It can help navigate challenging situations with a multidisciplinary approach.

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What is 'Patient Autonomy'?

A patient's right to make their own medical decisions, even if those decisions seem unwise or go against medical recommendations. This principle balances medical expertise with respect for individual choice.

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What is 'Voluntary Confinement'?

A situation where the individual willingly chooses to be confined to a hospital for treatment. While less common, it reflects patient autonomy and the desire for help.

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Patient's Right to Medical Records

Patients have the right to access their entire medical file, including records from other specialists, according to a Supreme Court ruling.

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Access to Records After Death

Legal representatives or heirs of a deceased patient can access their medical records to the extent necessary for legal or administrative purposes.

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Cause of Death Disclosure

Spouse or descendants of the deceased have the right to know the cause of death unless the deceased explicitly refused access in writing.

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Access to Minor's Records

Parents have access to their child's medical records under 15 years old, but not to information of a psychosocial nature.

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Genetic Information Access

Relatives by blood can access medical records to verify the existence of a genetic or hereditary disease.

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Youth Protection Act: Access Restrictions

A minor under 14 years old involved with Youth Protection services may have limited access to their medical records if disclosure could be harmful to their health.

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Youth Protection Act: Adolescent Consent

A minor over 14 years old can refuse access to their medical records by a parent if they believe it's harmful to their health, and the institution agrees.

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Youth Protection Act: Director's Role

The Director of Youth Protection can investigate and make decisions regarding access to medical records for minors, focusing on the child's well-being.

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Preventative Confinement: Purpose

Temporarily confining someone to a hospital to prevent imminent harm to themselves or others, usually based on a psychiatric assessment.

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Authorized Confinement: Process

A court order is required for longer-term confinement to a hospital, based on the patient's dangerousness to themselves or others, and a thorough psychiatric evaluation.

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Patient Autonomy: Right to Leave

Patients have the right to leave a hospital, even against medical advice, unless a legal confinement order is in place.

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Confinement: Hospital's Responsibility

Hospitals must respect a patient's right to leave, but can seek a court authorization for continued confinement if necessary.

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Delegated Consent: Necessity

When a patient lacks capacity to make their own medical decisions, a designated representative (like a parent or guardian) can make those choices.

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Article 26: Key Principle

This legal article outlines the patient's right to leave a hospital and the hospital's obligation to obtain court authorization if confinement is necessary.

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CMO Duty to Report

A legal obligation for professionals working with children, like teachers and nurses, to report any suspected abuse or neglect.

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Youth Protection Act, Section 38

The law that defines the legal obligations of professionals to report suspected child abuse or neglect, emphasizing the importance of protecting children's safety and development.

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Reasonable Grounds to Believe

The standard of evidence needed to trigger a report of child abuse or neglect. It means having a good reason to suspect something is wrong, based on facts or observations.

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Child Neglect

Failing to provide basic needs for a child's physical or emotional well-being, like food, shelter, or medical care.

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Child Abandonment

Leaving a child without adequate care or supervision, putting their safety at risk.

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Serious Behavioral Disturbances

Problem behaviors in children that are severe and require professional help to address.

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Clinical Notes Importance

Detailed records kept by healthcare professionals about a patient's condition and care, which are crucial in legal cases and provide evidence of actions taken.

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Contemporaneous Notes

Records made at the time of an event, increasing their reliability as evidence because they were documented as things happened.

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Consent for Medical Treatment

The legal permission needed to provide healthcare to a person, which can be given by a parent, guardian, or the individual themselves depending on their age and capacity.

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Parental Authority

The legal right of a parent to make decisions regarding their child's healthcare and well-being.

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Court Order for Medical Treatment

A legal document issued by a judge allowing for medical treatment for a person who cannot consent or who refuses care.

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Emergency Medical Treatment

Medical care provided in a situation where a person's life is in danger, overriding the need for consent when it's not possible to obtain it.

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Minor's Consent to Medical Treatment

The ability of individuals under 18 years of age to consent to medical treatment, which depends on their age, maturity, and understanding of their condition.

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Hospital Stay Over 12 Hours

A guideline that requires parents or guardians to be informed if their child is expected to stay in a hospital for more than 12 hours.

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What is a Treatment Order?

A court order allowing medical treatment for a patient who lacks capacity and refuses care.

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What is Delegated Consent?

A representative making medical choices for someone who cannot consent.

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What is the Best Interest Standard?

The primary consideration for a patient's care is what benefits them the most.

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What is a Serious Risk for Minors?

When a minor's health could be severely harmed if they refuse treatment.

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What is the difference between a Treatment Order and a Confinement Order?

Treatment order allows for treatment, while confinement limits the patient to a specific location.

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What is Proof of Incapacity?

The hospital must demonstrate the patient is unable to consent to treatment.

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What is Strategic Refusal?

A refusal that's meant to gain something, not necessarily a genuine refusal of care.

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What is a Capacity Assessment?

Evaluating a patient's ability to understand their condition and treatment options.

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What is the Treatment Order Process?

Hospital petitions the court, provides proof, and an expert review.

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What is an Expert Report?

A report by a medical professional describing the patient's condition and treatment.

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What is Electroconvulsive Therapy (ECT)?

A treatment involving inducing a seizure to treat severe mental illness.

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What is the Risk of Not Receiving Treatment?

The potential consequences of refusing care, possibly worsening the condition.

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What is the Burden of Proof?

The responsibility of the hospital to show why the treatment order is needed.

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What are the Five Key Questions?

A set of questions used to assess a patient's capacity to consent.

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What is Legal Capacity vs. Consent Capacity?

The ability to make legal decisions is separate from the ability to consent to medical treatment. Someone can be legally incapacitated but still have the capacity to consent to specific medical interventions.

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Therapeutic Relationship

A crucial connection between a healthcare professional and a patient, built on trust, communication, and understanding, vital for successful treatment.

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Compromised Therapeutic Relationship

When the bond of trust and communication between a healthcare professional and a patient is damaged, hindering effective treatment.

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Patient Refusal of Care

A patient's right to decline medical treatment, even if it could negatively impact their health, unless it poses a risk to others.

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Injunction

A court order instructing someone to do or stop doing something, often used in medical cases to force treatment or prevent certain actions.

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Transfer of Care

Moving a patient from one healthcare facility or professional to another, often due to a conflict or inability to provide proper care.

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Consent to Transfer

A patient's agreement to be moved from one healthcare facility to another, requiring their understanding and approval.

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Court-Ordered Treatment

A legal order compelling a patient to receive medical treatment against their will, often when they lack capacity or pose a danger to themselves or others.

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72-Hour Theory (Mental Health)

The legal principle that allows for a person to be confined without a court order for a maximum of 72 hours, requiring a psychiatric assessment within that period.

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Document Everything

It's crucial to keep a detailed record of any events, especially if they involve potential harm to yourself or others. This could include dates, times, descriptions of the event, and any reactions or observations.

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Report Immediately

Don't delay reporting any incident that may cause harm; time is of the essence in seeking help or protection, even if immediate consequences seem minimal at first.

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Know Your Rights

Understanding your legal rights is essential to protect yourself during medical procedures or in any situation where your wellbeing is a concern. Familiarize yourself with relevant laws and guidelines.

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Unions are Your Friends

Unions provide support and guidance regarding workplace rights, especially when dealing with difficult situations or challenging decisions involving patient care.

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Protecting Mental and Physical Wellbeing

It is essential to prioritize both your mental and physical health during medical interventions or when facing personal challenges. Seek support and resources to ensure your overall wellbeing.

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Overwhelmed Hospital

A hospital that experiences a high volume of patients, leading to longer wait times and potential restrictions on services.

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Restricted Access

When a hospital limits the types of patients it will see due to limited resources or overcrowding.

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System Crumbling

The idea that a healthcare system could collapse if it's unable to provide adequate care to everyone.

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Discriminatory Policy

A rule that unfairly treats people differently based on where they live.

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Hospital's Mandate

The specific tasks and responsibilities that a hospital is authorized to perform.

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Triaging Patients

Assessing patients and prioritizing those with the most urgent needs.

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Abysmal Waiting Times

Extremely long periods of time spent waiting for medical attention.

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Hospital Negligence

When a hospital fails to provide reasonable care and their actions harm a patient.

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Geneva Convention

A set of international agreements that govern treatment of prisoners of war and civilians during war.

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Limited Resources

When a hospital lacks enough staff, equipment, or beds to meet the needs of all patients.

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Hospital Protocol

A set of established procedures and guidelines that dictate how a hospital operates.

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Patient's Unluckiness

The unfortunate circumstance of being in a hospital during a time of high demand or limited resources.

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Force Majeure

An event beyond the control of a person or organization, which can affect the fulfillment of obligations.

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Professional's Service

The valuable work performed by healthcare professionals, despite the challenges they face.

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Tribunal's Verdict

The decision made by a court or legal body after hearing a case.

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Study Notes

Announcements & Midterm Update

  • Professor Cervantes and Mika Lovic will host a session on nursing children in hospitals.
  • The following week's topic is end-of-life ethics.
  • A reading titled "Pepperoni Pizza and Sex" is required before the discussion on the 11th after the midterm. This article is an example of narrative ethics.

Workshop & Loved Ones

  • The workshop report is due tonight.
  • The lecture emphasizes consent and opt-in/opt-out regarding organ donation and scarcity.
  • The professor suggests discussing ethics related to organs with loved ones.

Confinement & Psychiatric Treatments

  • Confinement, a restrictive measure, is categorized as preventative, provisional, and authorized.
  • Preventative confinement is for immediate danger to self or others (e.g., someone threatening others). No court order is needed.
  • Provisional and authorized confinements require court orders—e.g. when a person is a danger to themselves, but not immediately, or in cases of refusal of treatment.
  • Confinement facilities must be institutions, not private residences.

Treatment Orders

  • Treatment orders are used to administer medications or other medically necessary interventions.
  • The hospital has the burden of proof to demonstrate lack of patient consent, categorical refusal, and treatment's benefit to well-being.
  • Psychiatric assessments, usually done via detailed motions and reports, are crucial for treatment orders.
  • A variety of elements are required to support the treatment request in court including details of symptoms, behavior, and mood.

Establishing Capacity

  • Treatment decisions depend on a person's capacity to consent.
  • Five questions assess capacity: (1) illness understanding; (2) treatment understanding; (3) benefits/risks; (4) non-treatment risks; (5) illness's impact on understanding
  • Capacity to consent is different than legal capacity. Even those with limited capacity are entitled to express themselves.

Preventative Confinement

  • Preventative confinement requires a grave and immediate danger to oneself or others.
  • This can be initiated without court order by crisis intervention units or police if there's significant risk of harm.
  • The hospital must immediately examine the patient upon arrival
  • The physician then determines if preventative confinement is warranted.

Provisional & Authorized Confinement

  • Provisional confinemnt includes assessing if a person is dangerous to self or others in the near future. This is judged by clinical standpoint and requires a court order.
  • Authorized Confinement involves a longer term institutional stay to treat a person who is dangerous to themselves or others. Court order is necessary.
  • The timeframe varies and depends on ongoing evaluations by physicians.

Patient Access to Medical Records

  • Patients have the right to access their medical records, including relevant communications.
  • This access may be temporarily restricted to prevent harm, but this is not permanent and should be based on clinical judgement.
  • In the case of death, legal representatives of the deceased have the right to access the record, unless the deceased explicitly refused this access in writing.
  • Minors' records are subject to different rules; the Director of Youth Protection must be involved, and access may be limited to safeguard a child’s well-being.

Duties of Medical Professionals to Report

  • Medical professionals have a duty to report potential child endangerment issues.
  • Signs of neglect, abandonment, abuse, or severe behavioral disturbances are grounds for reporting.
  • Untreated conditions can have negative effects on a child’s development; this is to be reported.

Ethics Consults/Clinical Cases

  • A patient with acute leukemia desired sunshine and cannabis for treatment instead of hospital treatment.
  • The medical team justified keeping him, citing the risk of sepsis if released.
  • The case highlights instances where clinical judgments overrule patient preferences in the best interest of the patient.
  • Another case describes a patient who was taken against their will. This patient resisted evaluation; these cases highlight different clinical and legal implications .

Patient Options and Rights

  • Patients should be kept informed at all times about their condition and course of treatment.
  • Patients retain rights to legal counsel and communication with the outside world, though these may be limited in confinement situations.
  • Documentation of patient interaction and reports are crucial for legal procedures.

Resources and Administrative Issues

  • Patients may have limited access to resources and services in hospitals suffering resource overload.
  • Legal decisions in such cases should factor in the realities of healthcare systems' capacity, and not be wholly based on patient access.
  • Several cases discuss instances of legal and clinical decision-making to ensure safety in all cases.

Key Principles & Practice

  • Medical professionals are expected to maintain ethical and legal standards to protect patient well-being while respecting legal frameworks.
  • Hospitals can't unilaterally restrict patient care due to resource constraints.
  • Treatment and confinement procedures must follow legal protocols (e.g., time limits for evaluations).
  • Medical and legal professionals should prioritize patient rights when making decisions that infringe on their rights.
  • Legal reports must be very careful with the wording and data used.

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Description

This quiz explores key topics related to nursing children in hospitals, end-of-life ethics, and the ethical complexities surrounding organ donation and confinement. Prepare to engage with narrative ethics through required readings and discussions on consent in healthcare settings.

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