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Psychiatry
Topics to cover
Ethics
Basic Ethical
Principle
Sexual boundary
violation
Non-sexual
boundary violation
Confidential
Legal Issues
Malpractice
Right of patient
Informed consent
Admission to ward
Fundamental commitment
of a doctor to provide
benefit to patients and to
balance benefit against
risks when making decision
Non-maleficence
Autonomy
Justice
Fair distribution of
psychiatric services or
resources
Be truthful to the patients
in disclosing informations
Medical Ethics
Annotations
Competent care
Honest dealing
Confidentiality, respecting
colleagues
Using abusive language (or any other thing other than the
surname, or last name, or name depending on the
situation)
Excessive self-disclosure
Excessive countertransference
Masochistic surrender
often been highly ethical throughout their careers. They may be regarded as
expert in treating "difficult" or "impossible" patients
. They also may believe that by sacrificing themselves, they are somehow
saving a patient from suicide
Conclusion
It is ALWAYS the therapists
responsibility to know what is
appropriate and never to cross the
line
College of Physicians and Surgeons of Ontario,1991
Confidentiality
Confidentiality is defined as the clinicians
obligation to keep information learned in that
relationship unavailable to third parties
And about whatever I may see or hear in
treatment, or even without treatment, in the
life of human beings- things that should not
ever be blurted out outside- I will remain
silent, holding such things to be unutterable
[ sacred, not to be divulged (make known
private or sensitive information) ]
Circle of confidentiality
Circle of confidentiality
Within the circle, information about
the patient is shared without the
patients consent
Although the patient is inside the
circle, the patient may speak to
anyone outside the circle without
restriction
Exceptions to confidentiality
Patient consents to release of information
Duty to protect (eg. HIV, homicide, dangerous driving)
Emergencies (attempt suicide, drowsiness after
intoxication, critical condition after hanging)
Mandatory reporting statutes (child protection, fitness
to drive, registration board)
Court-ordered evaluations (Balance duty to court and
duty of care to patent)
Patient initiates litigation (an action brought in court
to enforce a particular right. The act or process of bringing
a lawsuit in and of itself; a judicial contest, any dispute)
Incompetent patient/ lack of capacity
Confidentiality in minors
Patients Right
In general..
1) Respectful and safe care given by competent personnel
2) Be informed of patient rights during the admission
process
3) Be informed in advance about care and treatment and
of any change
4) Participate in the development and implementation of a
plan of care and any changes
5) Make informed decisions regarding care and to receive
information necessary to make decisions
6) Refuse treatment and to be informed of the medical
consequences of refusing treatment
7) Personal privacy and confidentiality of medical records
Malpractice
4 Ds of Malpractice
Duty
Dereliction of duty
Damage
Directly causing
Improper diagnosis or
treatment
While some people believe that many
psychiatric diagnoses are ill-defined, this is
simply not the case.
Any mental health professional should be able
to come to a definitive diagnosis assuming the
proper patient assessment has occurred.
However, if an improper diagnosis is made
or if a doctor prescribes the incorrect
treatment, a patient or their family have a
strong case for malpractice against the doctor
or mental health professional.
Failure to warn
Extending further from the traditional doctor and
patient relationship, courts have ruled that if a
patient makes threats during sessions against
another person, the clinician has a duty to warn this
person of the potential threat if they believe it is
credible.
This can often be a difficult determination for the
clinician as he/she must balance doctor/patient
confidentiality versus their responsibility for the
safety of others.
If a patient acts on these threats, the victims families
have a reasonable malpractice case to pursue.
Boundary violations
It has been established there must
exist a boundary between the
healthcare professional and their
patients.
If the professional violates these
boundaries or attempts to use his/her
position as a means to, for example,
illicit sexual encounters with their
patients, he/she are guilty of
malpractice and maybe even other
False repressed
memories
One of the most common treatments
patients undergo is the process of revealing
past memories that have beenrepressed.
Many psychiatric health care professionals
believe these memories to be the source of
the mental health problems for many
patients.
If false memories are revealed and it
causes irreparable harm to the patient or
other individuals???
Conclusion
Provide the highest standard of
care possible at all times and to
maintain the safety of not only their
patients but any individuals that
have been threatened by the patient.
Informed Consent
Definition: Voluntary acquiescence of medical plan by a
competent patient after the physician adequately discloses
the plan, its risks, benefits and alternative approaches.
Originate from Latin wordconsentire, con=
together;sentire= feel
There should be a harmony of feeling, or joining of
sentiment, between the parties when the permission is granted
It is an act of reason and deliberation, reaching
mutual agreement that is based on an appropriate
understanding and appreciation of the information necessary
to make the decision.
Scenario 1
Mr. A, age of 30 with history of schizophrenia, presented
alone to A&E with symptoms of right iliac fossa pain
subsequently develop intense generalized abdominal pain
with high fever. He was admitted to the surgical unit. The
surgeon recommends urgent surgery for his condition, he
explains the risks and benefits of the proposed surgery as
well as the risks if no treatment was given.
Mr. A claims that there is spirits inside his stomach
causing the severe pain, he states that he recognizes the
surgery is needed to treat his condition and wants it to be
done to release the spirits. Subsequently his thoughts
become disorganized and difficult to follow after the
conversation.
Can he consent to the operation?
Scenario 2
A 54-year-old woman with diabetes and schizophrenia
has been hospitalized with unstable angina, bilateral
heel ulcers, urinary retention caused by an acute
urinary tract infection and anemia caused by a
combination of gastritis and chronic renal failure.
One year ago, she was hospitalized with diabetic
ketoacidosis after reporting that voices told her to
stop taking her insulin. Currently, she is improving but
requires a urinary catheter and must keep her legs
elevated at rest. She says she is now able to take care
of herself and wants to return home.
Does this patient have the capacity to make this
decision?
Informed Consent
For a patient's consent to be informed, three
essential elements must be satisfied:
Decisional capacity
Information disclosure
Voluntarism
Competency
A broad concept, encompassing many different
legal issues and contexts ranging from
treatment decisions, wills, and contracts to
self-representation in trial or guilty plea.
In legal context, it refers to judicial finding
that a person has the mental capacity required
to perform a specific, legally recognized act or
to assume some legal role.
Incompetence
A legal term applied to individuals who are considered by law not
to be mentally capable of performing a particular act or assuming
a particular role
Competency is commonly raised in two situations:
The person is a minor (under age 18)
Mentally disabled
Incompetence
The adjudication of incompetence is issue specific. A
psychiatric patient who is adjudicated incompetent to
execute a will may not be automatically incompetent
to do other things, such as consenting to treatment,
testifying as a witness, marrying, driving, or making
a legally binding contract.
Psychiatrist must determine if any specific functional
incapacities exist that render a person unable to make
a particular kind of decision or to perform a
particular type of task
Levels of Competency
No firmly established criteria exist for
determining a patient's competence
A minimal level of competency must exist,
patient can at least:
1. Understanding and appreciation of particular
disclosed information
2. Make a discernible decision based on reasoning
regarding the treatment that has been offered
3. Communicate that decision verbally or nonverbally.
Explanatory notes/
document
It is recommended that practitioners provide
additional information on risks and adverse
effects of any procedure in a written
explanatory document which patient/ next-ofkin/ legal guardian can read, request further
explanation where necessary, understand and
append a signature to that effect
Necessity of obtaining
consent
Obtaining an important component of good
medical practice, and also carries specific legal
requirements to do so, except:
Emergencies
Incompetence
Therapeutic privilege
Waiver
Medical emergency
Injury or illness that is acute and poses an
immediate risk to a persons life or long term
health
Consent is not required in emergencies where
The person is unable to consent,
Subject to there being no unequivocal written
direction by the patient to the contrary
No relative or any legal guardian available or
contactable during the critical period to give consent
Medical emergency
Consensus of the primary doctor (who is
managing the patient) and another registered
practitioner is obtained and signs a statement
stating that the delay is likely to endanger the
life of the patient. The registered medical
practitioner must co-sign the consent form.
Specific arrangements apply for the obtaining
of consent from a third party such as parent or
guardian of a child patient
Scenario 1
Mr. A does not have a factual understanding
of the risks and benefits of the recommended
treatment. He does not have an ability to
appreciate his situation and has difficulty
processing information rationally. Overall, he
has deficits in aspects of his decision-making
competence, which could signal the need for
an exception to obtaining informed consent.
Scenario 2
The 54-year-old woman with schizophrenia and multiple
medical problems reported that she was not now
hearing voices nor was she exhibiting any other
psychotic symptoms. She had been very stable on her
psychiatric medications for several months. The patient
understood her medical situation, appreciated the
consequences of care options, analyzed logically the
information she was given and was able to express a
clear choice. She was judged to have capacity. After
learning self-catheterization, demonstrating knowledge
of her medication regimen and agreeing to home
health nursing care, she returned home and returned
for follow-up visits as directed.
Admission to a psychiatric
hospital
Voluntary admission
Patient requests or agrees to be
admitted to the psychiatric ward.
Patient is first examined by a staff
psychiatrist, who determines if he or
she should be hospitalized
Involuntary admission
Involuntary admission
Patient is danger to himself (suicide) or others
(homicide)
Admitted by :
Patients relative
Police officer or other authorized personnel
Prescribed by medical officer (< 5 days before
admission)
Criminals who convicted under Penal Code [Act 574]
and suspected by the court to have mental disorder
(court order)
12 parts,94 sections
Introduction
Principles Of MHA
Criteria for detention
Compulsory Admission to Hospital
Patients' rights
Admission of involuntary patient into
psychiatric hospital
Forms
Introduction
As a doctor you are expected to work
with your patient to help them to
make informed choices about where
and what treatment to have.
Under mental health law, as a doctor,
you are able to detain and forcibly
treat individuals against their will.
65
Principles
Purpose principle- To provide for the admission, detention,
lodging, care, treatment, rehabilitation, control and
protection of persons who are mentally disordered and for
related matters.
The Act must be used to minimize the undesirable
effects of mental disorder by maximizing their safety
and wellbeing (mental and physical) of patients,
promoting recovery and protecting others from harm.
Respect principle- People taking decisions under the Act
must recognize and respect each patient including their race,
religion, culture, gender, age, sexual orientation and any
disability.
66
Principles
Participation principle- Patients must be
involved in their care as much as is
practicable. The involvement of care
takers, family and friends is encouraged.
Effectiveness, efficiency and equity
principle- This refers to the most
appropriate use of resources to meet the
needs of patients.
67
Mental Disorder
It is defined as any mental illness, arrested or
incomplete development of the mind, psychiatric
disorder or any other disorder or disability of the
mind. There are no exclusion criteria save for
dependence on drugs or alcohol.
The Code of Practice for the Act states that persons
cannot be considered mentally disordered simply
on grounds of political,religious or cultural
beliefs nor through a persons involvement in
illegal, anti-social or immoral behaviour.
Nature or degree
degree refers to the severity of the
disorder
1.how ill are they and nature refers to
the previous course of that patients
disorder
2. how long and how often have they
been ill, how well have they have
responded to treatment in the past
70
Patients rights
1. Have their rights given to them at
appropriate times and in an
appropriate format.
2. Detained patients must be
informed of their right to appeal.
73
Others
The MHA applies only to treatment of mental
disorder and cannot be used in treatment of
physical conditions. Unconscious patients are
treated under the auspices of the Mental
Capacity Act 2005.
MD can give leave of absence for pt not
more than 1 mth & revoke the leave of
absence anytime in view of patients
health/safety/ for protection of other persons.
Apprehension if fail to return
Within 24 Hours
Medical director of the psychiatric
hospital should determined whether
or not the continued detention of
the person is justified
It should be done by two medical
officers or registered medical
practitioners, one of them must be
psychiatrist
Should not be done by the doctor who
recommended the admission
order for
exceeding 1 month
Discharge
Anytime by MD (for pts best
interest/no need further tx in hosp)
On application by pt / relatives (MD
need to record findings)
*If MD refuses, pt can appeal within
14d to Visitors
Under Rulers pleasure
voluntary
Involuntary-by
relative
Involuntary-by DR
BORANG 11
PEMBERITAHUAN KEPADA MAHKAMAH
BERKENAAN PELEPASAN PESAKIT
BORANG 12
ARAHAN PEMINDAHAN PESAKIT TIDAK
SUKARELA KE HOSPITAL PSIKIATRI YANG
LAIN
84
Contents
ECT
Indication: MDD (with high suicidal risks),
Schizophrenia (with catatonic), Acute Mania,not
response to pharmacological tx
Consent (applicable for surgery) : -pt (if capable)
-relatives
-2 psychiatrists (1 attending psychiatrist) if pt
incapable/ no relatives
PRE E.C.T.
INVESTIGATIONS FBC, BUSE, FBS Chest X-ray
ECG
V/s & fasting
Scenario
A 25 year old students who has a history of
cannabis use and who in the last few months has
become increasingly isolated, missing class and
has been seen by his friends talking to himself.
His roommates take him to see his family doctor
after he is awake all night convinced that the next
door neighbours are listening to his thoughts.
They had to physically restrain him several times
from going around there as he says he could not
cope anymore and wanted to sort them out. He
doesnt think there is anything wrong with him