Hello, I do not need a title page for this, as it is only a discussion board. I need 1 or 2 preferably, good paragraph responses to EACH posting.
DIRECTIONS:
Respond to each of your colleagues by sharing cultural considerations that may impact the legal or ethical issues present in their articles. Attach the pdf of your article reference.
POSTING 1:
Damilola A.
WEEK 2 DISCUSSION
Introduction
Autonomy, a philosophical notion founded on the principles of Immanuel Kant and John Stuart Mill, maintains that all individuals have inherent value and should be able to make rational and moral judgments. This idea was reinforced in a 1914 court judgment by Justice Cardozo, who stated that adults with a sound minds could make their own decisions. However, autonomy must be assessed against competing moral values, and it may be overcome if the behavior harms others. Individuals who cannot act autonomously, such as newborns and children, as well as those suffering from developmental, mental, or physical illnesses, are exempt from this principle. Healthcare organizations and state governments in the United States have systems to assess incompetence. However, a strict separation between the inability to make healthcare decisions and incompetence found by a court of law is impractical (Varkey, 2021). Physicians who treat minors are increasingly discriminating between agreement to treatment and informed consent. Assent refers to a patient’s desire to accept therapy, regardless of their decision-making ability. Informed consent requires the patient to demonstrate formal decision-making ability regarding the intervention. Only patients who are competent and of legal age can provide informed consent. Providers must seek guardian approval and assent from the patient before making decisions concerning their treatment. The patient’s age frequently influences their level of consent and expression (Disla de Jesus et al., 2022).
Ethical Considerations for child/adolescent
Advocating for children’s and teenagers’ autonomy in psychiatric care is challenging. Unlike small children, adults possess the mental capacity to make healthcare decisions. Children and adolescents can express their thoughts and preferences regarding therapy, but their parents make the final decisions. Parents can defy their children’s wishes and compel them to seek psychiatric care (Disla de Jesus et al., 2022). The patient may have conflicting views on their mental health and symptoms, resulting in treatment resistance. Promoting the child’s autonomy while respecting the parents’ opinions is a delicate balance. The youngster should be included in decision-making by understanding their options and preferences. Developing a therapeutic alliance with the patient and their parents is vital when caring for minors. If kids and teenagers feel heard and have a voice in their treatment, they can be more open to receiving psychiatric therapy (Disla de Jesus et al., 2022).
Ethical Considerations for Adults
Respecting adults with mental illnesses’ freedom to make decisions is one ethical consideration. While some adults find it difficult to appreciate their healthcare decisions, most adults can make decisions about their health, whether they are good or bad. Coercive tactics may be used to ensure compliance when the patient’s loved ones or the healthcare professional disagrees with the treatment recommendations made. According to Mandarius et al. (2023), healthcare providers may encounter ethical and moral dilemmas while utilizing coercive techniques, such as threats, inducements, persuasion, and interpersonal leverage, to obtain compliance from mentally ill patients. The autonomy and dignity of mentally ill individuals may be violated by these methods, which can also injure them physically and psychologically, in addition to chemical and physical constraints. When providing care for mentally ill patients, it is imperative to engage in shared decision-making and to employ the least restrictive methods possible. Adults with mental illnesses are susceptible and should be evaluated for indications of abuse, neglect, and coercion. Moral anguish, unethical behavior, and a breakdown of the therapeutic partnership are caused by a lack of ethical awareness (Manderius et al., 2023).
Legal consideration for children
Consent to treatment is one legal factor to consider when providing adolescent care. About two-thirds of visits for young adults under 18 are made by their parents, and parents frequently request appointments when there are conflicts at home or school (Stocker et al., 2023). Teen patients may disagree with their parents’ assessment of the problem and the recommended course of treatment. Adolescent patients have the legal right to consent to or refuse treatment. Even if they are legally free to decline treatment, if they are still financially reliant on their parents, they could feel under pressure to respect their wishes. The medical professional must advocate for their patient and be aware of the legal consent age in their state for mental treatment.
Nonetheless, the adolescent’s mental health symptoms must be evaluated by the healthcare professional, even if they are legally capable of making decisions. It would be crucial to determine whether the patient’s poor decision-making is a result of their immaturity as an adolescent or if their mental illness is affecting their cognitive functioning. Stocker et al. (2023) state that all healthcare decisions should be based on the patient’s best interests, particularly vulnerable minors who rely on others to uphold their autonomy and rights.
Legal consideration for adult
Adult patients who pose an imminent risk to themselves or others are considered to be in a mental emergency and may be subject to legal considerations. According to Becker and Forman (2020), there exists a sole legal scenario in which patients may be forced to take medication without their consent. Battery is the term used to describe when someone administers medication against their will or without their consent, excepting mental emergencies. Additionally, hospitals cannot force mentally ill or agitated patients to remain in detention or chemical restraint without first initiating the process of involuntary commitment, which is regarded as wrongful incarceration (Becker & Forman, 2020). All patients are presumed to be capable unless proven differently. Healthcare professionals respect patients’ autonomy by obtaining informed consent; therefore, it’s critical to comprehend the rules governing restraint to avoid violating the patient’s rights (Becker & Forman, 2020).
Application to clinical practice
Given that I want to treat patients of all ages in my practice, this knowledge could have a big influence. I must be aware of the ethical and legal ramifications of autonomy and the treatment of children, adolescents, and adults to safeguard both my license and my patients’ rights. Even though they are minors, children ought to actively participate in choosing how they will be treated. On the other hand, the parent or legal guardian may provide consent if the patient declines inpatient treatment and is found to be mentally ill or chemically dependent and appropriate for treatment (Disla de Jesus et al., 2022). This statute also covers adults; if they cannot consent, the designated agency or a power of attorney may do so.
POSTING 2:
by Theresa B.
Initial Response
Any healthcare professional must uphold ethical standards. Nurses from all cultures and continents deal with challenging human rights cases, moral dilemmas, and difficulties emerging from their daily interactions with patients, families, communities, healthcare systems, and other medical professionals. The ethical code, which places a strong emphasis on accountability, is a crucial source of influence for ethical norms in the nursing profession and standing up for the patients, their families, and the community’s human rights at large in addition to social concerns, the work that nurses do within healthcare systems, and collaboration with other medical professionals (Stievano & Tschudin, 2019). In this paper, I will discuss the issue of Negligence or Malpractice
Negligence /Malpractice
Medical Negligence jeopardizes patient safety, so medical professionals worldwide are growing increasingly worried about this public health risk. In nursing, malpractice and Negligence are grave concerns that can significantly impact patients and healthcare providers. Medical Negligence occurs when a healthcare professional administers treatment or makes a diagnosis of a patient while using an improper method or procedure (Dahlawi et al., 2021). A nurse commits Negligence when she does not give the same level of care that a practically professional nurse would give in the same situation. This may be the consequence of a decision made or not made. Medical Negligence can occur in several ways, including technical mistakes made during surgery, inaccurate disease diagnosis, and inappropriate medication or dosage prescriptions. These practices pose severe risks to patients as they might lead to disability, death, or serious illness (Dahlawi et al., 2021).
Articles summary
The first article discusses some legal problems related to mental health services. It has outlined the background of the civil liability amendments and talked about how they apply to mental health treatment, pointing out that the public authority provision standards place an extra barrier in the way. The burden created by immunity clauses in mental health laws is also covered in the article. By examining the practical application of the “duty of care” idea, this article has discovered an unanticipated effect linked to the restriction of civil liability (Weller et al., 2024). The second article talks about medical errors and the distress they cause to healthcare professionals, the patient, and the healthcare system. The most common factors that led to medical errors were lack of attentiveness, Negligence, and forgetfulness. The article stresses the need for workplaces to prioritize staff well-being and ongoing education while adhering to patient safety protocols (Björkstén et al., 2016).
In the third article. The law and compensation schemes for medical injuries in Taiwan are examined. Criminal law and physicians’ pursuit of criminal liability for medical negligence reform, modification of the Medical Care Act and its envisioned and actual impact, aspects of medical compensation systems, treatments and trends in medical malpractice litigation, the financial implications of Taiwan’s medical injury compensation system, and criminal law and medical malpractice law are among the topics covered. The last article examines the escalating issue of medical malpractice and its consequences for public health and patient safety. The research notes that between 2011 and 2020, there was a notable increase in the amount of research on medical malpractice. The report emphasizes how critical it is to address patient safety as a worldwide healthcare concern, as acknowledged by the WHO. Lastly, To reduce the risks related to medical carelessness, this study emphasizes how important it is to improve patient safety measures (Dahlawi et al., 2021).
Legal Issues in Adults and Adolescents /Children
The complex and diverse legal and ethical challenges concerning malpractice and Negligence in adult mental health care are well-known. Some of the issues include Duty of Care, which is legally required for mental health providers to offer a certain standard of care. Negligence lawsuits may arise from failure to comply with such duties. Second, patients must provide informed consent after being fully informed about their available treatment alternatives. For children or adolescents, consent must be sought from the parents before any action is taken. Legal action may ensue if informed consent is not obtained. Third is the issue of confidentiality; there may be legal repercussions if a patient’s confidentiality is violated. There are, however, some exceptions, such as in situations where the patient or others could be in danger. Lastly, documentation is essential, as well as maintaining accurate records and keeping the information safe. Fake or incomplete records may bring legal action (Farmer & Lundy, 2017).
Ethical issues in Adults, Adolescents, and children
Some ethical issues include patient autonomy; respecting the patient’s right to decide how they will be treated is essential as this improves treatment as they feel heard and involved. When individuals decline medical intervention, it is important to honor their desires. The second ethical issue is Non-Maleficence; mental health practitioners are required to refrain from hurting their patients. This involves removing or avoiding therapies that might worsen the patient’s condition. Beneficence: The patient’s best interests should come first, which entails giving them the finest care and attention available. Lastly is justice, ensuring every patient receives fair and equitable treatment, regardless of their circumstances or background. These instances show how crucial it is to follow ethical standards when providing mental health services as psychiatric mental health nurse practitioners in order to protect patients’ safety and the confidence they put in mental healthcare systems.
Application in my clinical practice
Several important factors must be considered when applying knowledge regarding the ethical and legal ramifications of malpractice and Negligence in mental health treatment to clinical practice, particularly in Virginia, where I practice. Some of these include adherence standards, which ensure that all interventions and therapies follow accepted clinical recommendations and standards of care. This reduces the possibility of negligence lawsuits. Obtain informed consent from patients at all times. Clearly outline the benefits, possible risks, and available treatment options.
I ensure I fully record the consent procedure and take my clients through it so they understand everything they will be involved in before signing up. Maintaining utmost secrecy regarding patient information is also imperative. Recognize the legal exclusions, such as the requirement to report abuse or threats of harm. I must also maintain thorough and accurate records of patient conversations, choices, and treatments. The defense against malpractice claims may depend heavily on this documentation. Regarding my state, I will learn about the particular laws and rules governing mental health services in Virginia. This involves being aware of the provisions in the Virginia Code concerning patient rights and mental health treatment, understanding that Virginia requires mandatory disclosures of suspected child or adult abuse, neglect, or exploitation, and Maintaining current knowledge of Virginia’s legal standards and best practices by partaking in continual professional development and education.
