ETHICAL AND LEGAL FOUNDATIONS OF PMHNP CARE

Select one of the following ethical/legal topics:
Autonomy
Beneficence
Justice
Fidelity
Veracity
Involuntary hospitalization and due process of civil commitment
Informed assent/consent and capacity
Duty to warn
Restraints
HIPPA
Child and elder abuse reporting
Tort law
Negligence/malpractice
In the Walden library, locate a total of four scholarly, professional, or legal resources related to this topic. One should address ethical considerations related to this topic for adults, one should be on ethical considerations related to this topic for children/adolescents, one should be on legal considerations related to this topic for adults, and one should be on legal considerations related to this topic for children/adolescents.
Briefly identify the topic you selected. Then, summarize the articles you selected, explaining the most salient ethical and legal issues related to the topic 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 your state. Attach the PDFs of your articles.

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Sample Answer

 

 

 

Informed consent is the process of obtaining a patient’s permission to provide or withhold medical treatment. It is based on the principle of autonomy, which is the right of individuals to make their own decisions about their healthcare.

To be informed, consent must be based on adequate information about the risks and benefits of the proposed treatment. The patient must also be competent to make the decision, meaning that they must be able to understand the information and appreciate the consequences of their decision.

Full Answer Section

 

 

 

Informed assent is similar to informed consent, but it is used for children who are not yet old enough to give consent. In this case, the child’s assent is obtained in addition to the consent of the parent or guardian.

Capacity is the ability to make informed decisions about one’s healthcare. It is assessed on a case-by-case basis, taking into account the patient’s age, maturity, and mental state.

There are a number of ethical and legal considerations related to informed assent/consent and capacity. These include:

  • The right of patients to make their own decisions about their healthcare.
  • The duty of healthcare providers to provide patients with adequate information about the risks and benefits of treatment.
  • The need to protect vulnerable patients, such as children and people with mental disabilities.
  • The importance of balancing the patient’s right to autonomy with the need to protect them from harm.

The following are some of the ethical principles that are relevant to informed assent/consent and capacity:

  • Autonomy: This principle recognizes the right of individuals to make their own decisions about their lives, including their healthcare.
  • Beneficence: This principle requires healthcare providers to act in the best interests of their patients.
  • Nonmaleficence: This principle requires healthcare providers to avoid causing harm to their patients.
  • Justice: This principle requires healthcare providers to treat all patients fairly, regardless of their age, race, ethnicity, or socioeconomic status.

The following are some of the legal principles that are relevant to informed assent/consent and capacity:

  • The Patient Self-Determination Act (PSDA): This law requires all healthcare facilities to give patients information about their rights to make decisions about their healthcare, including the right to refuse treatment.
  • The Americans with Disabilities Act (ADA): This law prohibits discrimination against people with disabilities in all areas of public life, including healthcare.
  • The Child Abuse Prevention and Treatment Act (CAPTA): This law requires healthcare providers to report suspected child abuse to the authorities.

Informed assent/consent and capacity are complex ethical and legal issues. Healthcare providers must carefully consider all of the relevant factors when making decisions about these matters.

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