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Mental Health Varcarolis Ch. 9: Legal and Ethical Issues

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Mental Health Varcarolis Ch. 9: Legal and Ethical Issues Which is the most important reason for psychiatric nurses to understand law, legislation, and legal processes that relate to professional nursing practice? Correct Answer: Because doing so gives the nurse the ability to provide quality care that will safeguard the rights and safety of clients. Explanation: Nurses practice under the Code of Ethics and the Scope of Practice. Nurses must learn to value, respect, and develop knowledge about laws, legislation, and the legal processes that regulate, impede, and facilitate professional nursing practice. While performing the admission assessment of a new client, the nurse observed that the client brought a bottle of over-the-counter pain medication to the hospital. The nurse failed to document this or remove the medication from the room. Subsequently, the client experienced a serious adverse drug reaction as a result of the interaction between this drug and one of the drugs that the client was prescribed in the hospital. This nurse may be guilty of what? Correct Answer: Malpractice Explanation: The four elements of nursing malpractice are evident in this scenario. Assault is an act that puts another person in apprehension of being touched (or of bodily harm without consent), and failure of duty to warn surrounds a client's threat to harm another person. Incompetence, in the legal sense, surrounds a client's right to autonomy. A psychiatric nursing class is discussing current trends in mental health care. A student voices the opinion that there should be equitable access to mental health care and resources for those who live in rural areas, for those without health insurance, and for those with very little income. The student nurse's opinion most closely reflects which ethical principle? Correct Answer: justice Explanation: Justice is the duty to treat all fairly, distributing the risks and benefits equally. Justice becomes an issue when some portion of a population does not have access to health care. Nonmaleficence is the duty to cause no harm, both individually and for all. Paternalism is the belief that knowledge and education authorize professionals to make decisions for the good of clients. Veracity is the duty to tell the truth. A nursing student is initiating a relationship with an assigned client. After meeting and spending approximately 20 minutes talking with the client, the student makes arrangements to visit again after lunch. After lunch, fellow classmates invite the student to go to the gym with them and a group of clients to play volleyball. The student starts to go with them but then remembers the promise to meet with the client. The student decides to forgo volleyball and talk with the client. The student's decision reflects which ethical principle? Correct Answer: fidelity Explanation: Fidelity is faithfulness to obligations and duties. It is keeping promises. Fidelity is important in establishing trusting relationships. With autonomy, each person has the fundamental right of self-determination. According to the principle of beneficence, a health care provider uses knowledge of science and incorporates the art of caring to develop an environment in which individuals achieve their maximal health care potential. Veracity is the duty to tell the truth. Which role of the nurse-client relationship is being exhibited when the nurse informs the client and then supports him or her in whatever decision he or she makes? Correct Answer: Advocate Explanation: In the advocate role, the nurse informs the client and then supports him or her in whatever decision he or she makes. The primary caregiving role in mental health settings is the implementation of the therapeutic relationship to build trust and explore feelings. In the teacher role, the nurse instructs the client about the medication regimen. In the role of the parent surrogate, the nurse may be tempted to assume a parental role. A psychiatric-mental health nurse is practicing at the advanced level. Which function would this nurse be able to perform based on the nurse's advanced level of preparation? Correct Answer: Psychotherapy Explanation: Although the advanced level psychiatric-mental health nurse would be able to perform the functions of health promotion, counseling, and intake screening, because of the nurse's advanced level of preparation, the nurse would be able to perform psychotherapy. Health promotion, counseling, and intake screening are basic-level functions in the practice area of psychiatric-mental health nursing. A client with depression tells the nurse, "I want to stop taking my antidepressant medication because I don't like taking medications." The nurse discusses the benefits of adhering to the medication plan and strongly urges the client to use the medication. The nurse interprets the client's statement as reflecting which ethical principle? Correct Answer: autonomy Explanation: Autonomy reflects the fundamental right of all persons for self-determination, to make independently make choices. Autonomy is reflected by the client's statement to stop taking the medication. The nurse's urging the client to continue to use the medication because of the medication's benefits reflects the principle of beneficence, that is, the nurse is using scientific knowledge and incorporating that knowledge to promote the client's maximum health potential. In this case, the medication would help to control the client's depressive symptoms. Justice reflects the duty to treat all fairly; paternalism is the belief that knowledge and education authorize professionals to make decisions for the good of the client. The client is brought to the hospital in a coma. The nurse understands that when a person is incapacitated, the document used to dictate the patient's written instructions for health care is called: Correct Answer: advance directive Explanation: Advance care directives are written instructions for health care when individuals are incapacitated. Informed consent, durable power of attorney, and patient rights are not instructions for health care when individuals are incapacitated. A durable power of attorney means that the advance care directives stays in effect if you become incapacitated and unable to handle matters on your own. Informed consent is the permission granted in the knowledge of the possible consequences, typically that which is given by a patient to a doctor for treatment with full knowledge of the possible risks and benefits. Patient rights are those basic rule of conduct between patients and medical caregivers as well as the institutions and people that support them. The client has not been on speaking terms with the client's parents for several years. The parents have expressed a desire to reunite with the client. At first, the client agreed to a family meeting, and then decided not to meet with the parents. The nurse has encouraged the client to attend the family meeting knowing that the family's support would be valuable. What ethical principles are in conflict in this situation? Correct Answer: autonomy and beneficence Explanation: According to the principle of autonomy, each person has the fundamental right of self-determination. According to the principle of beneficence, the health care provider uses knowledge of science and incorporates the art of caring to develop an environment in which individuals achieve their maximal health care potential. The client has the right to decide whether to go to a family meeting or not, and the nurse urges the client to go to the meeting because the nurse knows that the family will be a great support to the client. The ethical principles that are not in conflict in this situation are justice and beneficence, non-maleficence and autonomy, and veracity and fidelity. A client with schizophrenia is refusing antipsychotic medication. The client states, "I don't like the way it makes me feel, I feel like I'm under water when I take it." The nurse explains, "schizophrenia is caused by a chemical imbalance in your brain, and this medication helps fix that chemical imbalance. Your symptoms will get better if you take the medication." This conversation reflects conflict between which ethical principles? Correct Answer: autonomy and beneficence Explanation: According to the principle of autonomy, each person has the fundamental right of self-determination. According to the principle of beneficence, the health care provider uses knowledge of science and incorporates the art of caring to develop an environment in which individuals achieve their maximal health care potential. The client has the right to decide whether or not to take the medication. The nurse knows that the medication will help the chemical imbalance and thus help with the manifestations of schizophrenia. There is no conflict between the ethical principles of Justice and nonmaleficence, autonomy and justice, and fidelity and veracity. A nurse sitting with a client in a therapy session with the psychotherapist hears the client state, "I have had it with this marriage. I'm telling you, and not that I ever would do it, but I feel like hiring a hit man to kill my spouse!" Which action is the nurse obligated to take? Correct Answer: Warn the client's spouse, based on the Tarasoff rule. Explanation: Mental health clinicians have a duty to warn identifiable third parties of threats made by clients even if the threats were discussed during a therapeutic session otherwise protected by client-therapist privilege. A physician would like to include a client with schizophrenia in a research study testing a new medication. The nurse's obligation is to do what? Correct Answer: Assess the client's legal capacity when that client is asked to give consent. Explanation: The nurse serves as the client's advocate, the team's colleague, and the facility's excellent employee by continually evaluating the client's ability to give informed consent and his or her willingness to participate and continue with a treatment modality. Unless serving as the primary provider, the nurse is not responsible for obtaining informed consent. That is the role of the primary provider. A client was admitted to a psychiatric facility because the client was found walking around naked and talking incoherently. The client has no known next of kin and has been adjudicated incompetent. The client refuses any antipsychotic medications but has not been harmful to the self or others. What action should the facility take? Correct Answer: Initiate court proceedings to have a guardian named. Explanation: When a client cannot give informed consent due to mental illness, health care providers must obtain substituted consent for necessary treatments or procedures. Substituted consent is authorization that another person gives on behalf of a client who needs a procedure or treatment but who cannot provide such consent independently. Substituted consent can come from a court-appointed guardian or, in some instances, from the client's next of kin. If the client has not previously been adjudicated incompetent and no next of kin are available to give substituted consent, if the law so permits, the health care agency may initiate a court proceeding to appoint a guardian so that treatment professionals can carry out the procedure or treatment. As a result of the increasing severity of delusions and consequent unsafe behavior, a client has been admitted to a psychiatric facility and judged incompetent to make decisions. Who will now make decisions for the client? Correct Answer: A guardian appointed by the court Explanation: If individuals admitted to a psychiatric facility are judged to be incompetent to make decisions, the court will appoint a guardian to make decisions for them. A nurse understands the importance of protecting clients' rights of self-determinism. Self-determinism is similar to which ethical principle? Correct Answer: autonomy Explanation: Self-determinism can be defined as being empowered or having the free will to make moral judgments. Autonomy is the right to make one's own decisions. Personal autonomy and avoidance of dependence on others are key values of self-determinism. Veracity is truthfulness. Justice encompasses equal treatment for all. Beneficence is doing no harm. To care for clients in the least restrictive environment, treatment is usually delivered in which care setting? Correct Answer: Outpatient Explanation: Treatment is usually delivered in the community (as opposed to a hospital or institution) and, ideally, in an outpatient setting. A new nursing student correctly identifies which as most essential for guiding psychiatric-mental health nursing actions? Correct Answer: Code of Ethics for Nurses Explanation: Psychiatric-mental health nursing actions are guided by the Code of Ethics for Nurses. Which client behavior would prompt the nurse manager to discuss the duty to warn with staff members? Correct Answer: Danger to others. Explanation: Duty to warn refers to the responsibility of the nurse or the health care provider to warn identifiable third parties of threats made by clients. If the client is dangerous to any other member, the nurse is supposed to notify the person in danger immediately about the client's ideation. This law is not applicable to the client who has suicidal ideation, is extremely aggressive, or is unwilling to take medications. Client confidentiality is a very strict polic

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Mental Health Varcarolis Ch. 9: Legal and Ethical Issues
Which is the most important reason for psychiatric nurses to understand law, legislation, and legal
processes that relate to professional nursing practice? Correct Answer: Because doing so gives the
nurse the ability to provide quality care that will safeguard the rights and safety of clients.

Explanation:
Nurses practice under the Code of Ethics and the Scope of Practice. Nurses must learn to value, respect,
and develop knowledge about laws, legislation, and the legal processes that regulate, impede, and
facilitate professional nursing practice.

While performing the admission assessment of a new client, the nurse observed that the client brought
a bottle of over-the-counter pain medication to the hospital. The nurse failed to document this or
remove the medication from the room. Subsequently, the client experienced a serious adverse drug
reaction as a result of the interaction between this drug and one of the drugs that the client was
prescribed in the hospital. This nurse may be guilty of what? Correct Answer: Malpractice

Explanation:
The four elements of nursing malpractice are evident in this scenario. Assault is an act that puts another
person in apprehension of being touched (or of bodily harm without consent), and failure of duty to
warn surrounds a client's threat to harm another person. Incompetence, in the legal sense, surrounds a
client's right to autonomy.

A psychiatric nursing class is discussing current trends in mental health care. A student voices the
opinion that there should be equitable access to mental health care and resources for those who live in
rural areas, for those without health insurance, and for those with very little income. The student
nurse's opinion most closely reflects which ethical principle? Correct Answer: justice

Explanation:
Justice is the duty to treat all fairly, distributing the risks and benefits equally. Justice becomes an issue
when some portion of a population does not have access to health care. Nonmaleficence is the duty to
cause no harm, both individually and for all. Paternalism is the belief that knowledge and education
authorize professionals to make decisions for the good of clients. Veracity is the duty to tell the truth.

A nursing student is initiating a relationship with an assigned client. After meeting and spending
approximately 20 minutes talking with the client, the student makes arrangements to visit again after
lunch. After lunch, fellow classmates invite the student to go to the gym with them and a group of
clients to play volleyball. The student starts to go with them but then remembers the promise to meet
with the client. The student decides to forgo volleyball and talk with the client. The student's decision
reflects which ethical principle? Correct Answer: fidelity

Explanation:
Fidelity is faithfulness to obligations and duties. It is keeping promises. Fidelity is important in
establishing trusting relationships. With autonomy, each person has the fundamental right of self-
determination. According to the principle of beneficence, a health care provider uses knowledge of
science and incorporates the art of caring to develop an environment in which individuals achieve their
maximal health care potential. Veracity is the duty to tell the truth.

,Which role of the nurse-client relationship is being exhibited when the nurse informs the client and then
supports him or her in whatever decision he or she makes? Correct Answer: Advocate

Explanation:
In the advocate role, the nurse informs the client and then supports him or her in whatever decision he
or she makes. The primary caregiving role in mental health settings is the implementation of the
therapeutic relationship to build trust and explore feelings. In the teacher role, the nurse instructs the
client about the medication regimen. In the role of the parent surrogate, the nurse may be tempted to
assume a parental role.

A psychiatric-mental health nurse is practicing at the advanced level. Which function would this nurse be
able to perform based on the nurse's advanced level of preparation? Correct Answer: Psychotherapy

Explanation:
Although the advanced level psychiatric-mental health nurse would be able to perform the functions of
health promotion, counseling, and intake screening, because of the nurse's advanced level of
preparation, the nurse would be able to perform psychotherapy. Health promotion, counseling, and
intake screening are basic-level functions in the practice area of psychiatric-mental health nursing.

A client with depression tells the nurse, "I want to stop taking my antidepressant medication because I
don't like taking medications." The nurse discusses the benefits of adhering to the medication plan and
strongly urges the client to use the medication. The nurse interprets the client's statement as reflecting
which ethical principle? Correct Answer: autonomy

Explanation:
Autonomy reflects the fundamental right of all persons for self-determination, to make independently
make choices. Autonomy is reflected by the client's statement to stop taking the medication. The nurse's
urging the client to continue to use the medication because of the medication's benefits reflects the
principle of beneficence, that is, the nurse is using scientific knowledge and incorporating that
knowledge to promote the client's maximum health potential. In this case, the medication would help to
control the client's depressive symptoms. Justice reflects the duty to treat all fairly; paternalism is the
belief that knowledge and education authorize professionals to make decisions for the good of the
client.

The client is brought to the hospital in a coma. The nurse understands that when a person is
incapacitated, the document used to dictate the patient's written instructions for health care is called:
Correct Answer: advance directive

Explanation:
Advance care directives are written instructions for health care when individuals are incapacitated.
Informed consent, durable power of attorney, and patient rights are not instructions for health care
when individuals are incapacitated. A durable power of attorney means that the advance care directives
stays in effect if you become incapacitated and unable to handle matters on your own. Informed
consent is the permission granted in the knowledge of the possible consequences, typically that which is
given by a patient to a doctor for treatment with full knowledge of the possible risks and benefits.
Patient rights are those basic rule of conduct between patients and medical caregivers as well as the
institutions and people that support them.

, The client has not been on speaking terms with the client's parents for several years. The parents have
expressed a desire to reunite with the client. At first, the client agreed to a family meeting, and then
decided not to meet with the parents. The nurse has encouraged the client to attend the family meeting
knowing that the family's support would be valuable. What ethical principles are in conflict in this
situation? Correct Answer: autonomy and beneficence

Explanation:
According to the principle of autonomy, each person has the fundamental right of self-determination.
According to the principle of beneficence, the health care provider uses knowledge of science and
incorporates the art of caring to develop an environment in which individuals achieve their maximal
health care potential. The client has the right to decide whether to go to a family meeting or not, and
the nurse urges the client to go to the meeting because the nurse knows that the family will be a great
support to the client. The ethical principles that are not in conflict in this situation are justice and
beneficence, non-maleficence and autonomy, and veracity and fidelity.

A client with schizophrenia is refusing antipsychotic medication. The client states, "I don't like the way it
makes me feel, I feel like I'm under water when I take it." The nurse explains, "schizophrenia is caused
by a chemical imbalance in your brain, and this medication helps fix that chemical imbalance. Your
symptoms will get better if you take the medication." This conversation reflects conflict between which
ethical principles? Correct Answer: autonomy and beneficence

Explanation:
According to the principle of autonomy, each person has the fundamental right of self-determination.
According to the principle of beneficence, the health care provider uses knowledge of science and
incorporates the art of caring to develop an environment in which individuals achieve their maximal
health care potential. The client has the right to decide whether or not to take the medication. The
nurse knows that the medication will help the chemical imbalance and thus help with the manifestations
of schizophrenia. There is no conflict between the ethical principles of Justice and nonmaleficence,
autonomy and justice, and fidelity and veracity.

A nurse sitting with a client in a therapy session with the psychotherapist hears the client state, "I have
had it with this marriage. I'm telling you, and not that I ever would do it, but I feel like hiring a hit man to
kill my spouse!" Which action is the nurse obligated to take? Correct Answer: Warn the client's spouse,
based on the Tarasoff rule.

Explanation:
Mental health clinicians have a duty to warn identifiable third parties of threats made by clients even if
the threats were discussed during a therapeutic session otherwise protected by client-therapist
privilege.

A physician would like to include a client with schizophrenia in a research study testing a new
medication. The nurse's obligation is to do what? Correct Answer: Assess the client's legal capacity
when that client is asked to give consent.

Explanation:
The nurse serves as the client's advocate, the team's colleague, and the facility's excellent employee by
continually evaluating the client's ability to give informed consent and his or her willingness to

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