GUTHEIL\ue000 forensice\u03c8; the interface between\u03c8 & the law is complex & has potential for gross misunderstanding
intent to harm another person or realize or should have realzed that such harm is likely to result from their actions
\ue001\ue000 DUTY of care
\ue001\ue000 DEVIATION from the standard of care
\ue001\ue000 patient was DAMAGED
\ue001\ue000 the deviation DIRECTLY caused the damage
Exceeding recommended dosages, failing to adjust to therapeutic levels, unreasonable mixing of drugs, prescribing unindicated, too many or disclosing effects.
Most common exception: Px are said to waive the privilege by injecting their mental condition into the trial, making it an element of their claim or defense.
Each release is good only for one piece of information (at one time), permission should be re-obtained for each subsequent release even if for the same party.
\ue002failure to control aggressive outpatients
\ue002discharge of violent inpatients
\ue002failing to protect society from the violent acts
*** although research has shown that\u03c8 CANNOT predict future violence w/ any dependable accuracy!!! (-p1355)
intention, recommends Poddar to a 72 hr observation in an emergency\u03c8 detention (w/c was according to the law.), campus police were also notified.
protect hinders treatment because a patient may not trust a doctor if confidentiality is not maintained.
Parens patriae\ue000 doctrine that allows the state to intervene and to act as a surrogate parent for those who are unable to take care of themselves (or may harms themselves)
\ue002Suicidal or homicidal
\ue002Px must be examined by two physicians
\ue002Need written notification of next of kin
Persons civilly commited to a mental institution have a constitutional right to receive such individual treatment as will give them a reasonable opportunity to be cured or improved.
A condition in clinical practice that requires immediate intervention to prevent death or serious harm to the patient
significant disruption to tx program or physical surroundings
Px w/ severe drug rxns, overdoses or requiring close monitoring of drug doses
Px could not be restrained except to ensure their safety or in certain undefined circumstances \u201cto provide needed training\u201d
The px consent to the tx, not the effectiveness or the timeliness of the tx, allows a physician to take care of a px.
All juveniles must now be represented by counsel, must be able to confront witnesses, & must be given proper notice of any charges.
Emancipated minors have the rights of an adult when it can be shown that they are living as adults w/ control over their own lives.
Generally, courts presume that the welfare of a child of young age is best served by maternal custody when the mother is a good & fit parent.
Witnesses at the signing of the will, may include a psychiatrist who may attest that the testator was rational at the time the will was executed.
Competence\ue000 determined on the basis of a person\u2019s ability to make a sound judgement. (to weigh, to reason, and to make reasonable decisions)
Advance selection of a substitute decision maker who can act w/o the necessity of court proceedings when the signatory becomes incompetent through illness, progressive dementia or relapse of bipolar I d/o
Ascertain whether a criminal defendant has sufficient present ability to consult w/ his lawyer w a reasonable degree of rational understanding of the proceedings against him
they labored under a mental disease such that they were unaware of the nature , the quality & consequences of their acts or if they were incapable of realizing that their acts were wrong.
The accused would have commited the act even if he was right beside a policeman
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