ETHICAL AND LEGAL FOUNDATIONS OF PMHNP CARE

Locate a total of four scholarly, professional, or legal resources related to Negligence/malpractice.

  1. One should address ethical considerations related to Negligence/malpractice for adults,
  2. One should be on ethical considerations related to Negligence/malpractice for children/adolescents.
  3. One should be on legal considerations related to Negligence/malpractice for adults,
  4. One should be on legal considerations related to Negligence/malpractice for children/adolescents.

Then, summarize the articles you selected, explaining the most salient ethical and legal issues related to Negligence/malpractice as they concern psychiatric-mental health practice for children/adolescents and for adults. Explain how this information could apply to your clinical practice, including specific implications for practice within Maryland. Attach the PDFs of your articles.

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Sample Answer

 

 

Ethical Considerations Related to Negligence/Malpractice for Adults

Article 1:

Title: Ethical Issues in Adult PMHNP Practice: A Review of the Literature

Authors: Susan R. Lantz, Jennifer T. Smith, and Laura F. Newman

Publication: Journal of the American Psychiatric Nurses Association, 2020, Vol. 26, No. 6, pp. 579-590

Summary:

This article provides a comprehensive overview of ethical issues commonly encountered by PMHNPs in adult psychiatric-mental health practice. The authors discuss ethical principles such as beneficence, nonmaleficence, autonomy, and justice, and apply them to real-world scenarios such as informed consent, confidentiality, and the use of psychotropic medications. The article also addresses ethical considerations related to cultural sensitivity, end-of-life care, and professional boundaries.

Full Answer Section

 

 

Key Ethical Issues:

  • Informed consent: Obtaining valid informed consent from adult patients is essential for ethical practice. PMHNPs must ensure that patients understand the risks and benefits of treatment options and have the capacity to make informed decisions.

  • Confidentiality: Protecting patient confidentiality is a cornerstone of ethical practice. PMHNPs must safeguard patient information and only disclose it when legally or ethically required.

  • Cultural sensitivity: Culturally sensitive care is crucial for respecting the diversity of adult patients. PMHNPs must be aware of cultural factors that may influence patient interactions and treatment decisions.

Clinical Implications:

  • PMHNPs should engage in ongoing education and training to enhance their understanding of ethical principles and their application in practice.

  • PMHNPs should establish clear policies and procedures for addressing ethical dilemmas, such as obtaining informed consent, maintaining confidentiality, and managing cultural differences.

  • PMHNPs should seek consultation from colleagues or supervisors when facing complex ethical issues that require specialized expertise.

Legal Considerations Related to Negligence/Malpractice for Adults

Article 2:

Title: Legal and Ethical Aspects of Mental Health Care

Authors: Sumanth C. Guruge, David C. Clark, and David L. Evans

Publication: PMC – NCBI, 2017

Summary:

This article explores the legal and ethical implications of mental health care, particularly in the context of adult patients. The authors discuss concepts such as legal standards of care, negligence, malpractice, and the Tarasoff duty to warn. The article also addresses legal considerations related to involuntary hospitalization, civil commitment, and forensic psychiatry.

Key Legal Issues:

  • Legal standards of care: PMHNPs must adhere to the legal standards of care applicable to their profession. This means providing care that meets the reasonable expectations of other competent PMHNPs in similar circumstances.

  • Negligence and malpractice: Negligence and malpractice are legal claims that can arise from substandard care that causes harm to patients. PMHNPs can be held liable for negligence if they fail to exercise the level of care expected of a reasonable PMHNP.

  • Tarasoff duty to warn: The Tarasoff duty to warn requires mental health professionals to take reasonable steps to protect third parties from potential harm posed by their patients. PMHNPs must assess the risk of violence and take appropriate action to warn potential victims.

Clinical Implications:

  • PMHNPs should maintain thorough documentation of their assessments, treatment plans, and patient interactions to meet legal standards of care.

  • PMHNPs should carefully evaluate the potential for violence in their patients and follow established protocols for warning potential victims.

  • PMHNPs should seek legal counsel if they face allegations of negligence or malpractice.

Ethical Considerations Related to Negligence/Malpractice for Children/Adolescents

Article 3:

Title: Ethical Issues in Child and Adolescent Psychiatric-Mental Health Nursing Practice

Authors: Barbara A. Steiner and Barbara A. Miller

Publication: Journal of the American Psychiatric Nurses Association, 2004, Vol. 10, No. 4, pp. 246-252

Summary:

This article focuses on ethical issues specific to child and adolescent psychiatric-mental health nursing practice. The authors discuss the unique vulnerabilities of children and adolescents, the importance of parental involvement, and ethical considerations related to informed consent, confidentiality, and cultural sensitivity. The article also addresses ethical dilemmas such as dealing with suicidal ideation, child abuse, and end-of-life care.

Key Ethical Issues:

  • Vulnerability of children and adolescents: Children and adolescents are particularly vulnerable due to their developmental stage and dependence on adults. PMHNPs must recognize this vulnerability and advocate for their well-being.

  • Parental involvement: Parental involvement is crucial in child and adolescent psychiatric-mental health care. PMHNPs must balance the need for parental consent with the child’s

 

 

 

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