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Ethical And Legal Decision-Making Framework

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Question:

Discuss about the Ethical and Legal Decision-Making Framework.

 

Answer:

On encompassing the fact that concerns the various categories of psychiatric illness, the patients are observed for typically two kinds of reaction towards their treatment procedures. They are seen to respond either voluntarily towards the treatment envisaged to be administered upon them as a needful measure or are found to show strong involuntary and resistant reaction to it. A majority of the patients found with a general inclination to defy and show resentment to the fact that they are in need of being treated for a psychological problem. The general and the most usual reaction to it come with the elicitation of the awareness that he or she might be related to a mentally unstable or abnormal condition which may lead to outcast them from the general population. For the patients who are confronted with such kind of psychological problem do end up resulting in developing a number of physiological ailments and injuries in the due course (Davidson et al. 2016). They are seen to give relevance to the physiological aspect instead of investing their energy and resources upon getting the root cause identified and cured. The health practitioners try to engage the patient to get the most suitable treatment to make it most effective for the person to reach almost a state of pre-morbidity.

The present case scenario is found to depict a similar situation where Hai is primarily found to get affected by physical injuries for which he had taken treatment from the health care professionals. Mark was seen to play a role of an extremely responsible health care professional who tried to locate the cause of the sudden injury that incurred to Hai. Mark found that it was due to the underlying psychiatric illness he has within that has led to the physiological consequences occurred.

 


Under the Metal Health Act 2000 (QLD) and the Mental Health Act 2016 (QLD) it can be found that there lies a significant cause which states as follows. Under the clause of Monitoring Conditions Recommendation 18: it has been mentioned that on being sure of the patient to be diagnosed as affected with a psychological illness that requires immediate attention and clinical treatment, they seem to possess certain authoritarian rights. Encompassing this legal provision as stated precisely under the protocol of Mental Health Act (QLD) there may be risks arising due to the patient’s non-cooperation to avail the treatment of the various health and social care services (Broadhead, 2015). The patient, who is already at a stage of serious vulnerability on being affected with a serious psychiatric illness, becomes even more prone to causing the risk if the patient fails to show compliance towards the necessary provision of treatment. On knowing and judging the extent of psychological illness within the patient the professionals are able to assess the range of impact it shall have upon the patient's mental well-being (Stanhope & Lancaster, 2015). They seem to suggest big time monitoring and control over the patient’s health condition to not only treat him or her but also make the environment safe around for leading to cause potential trouble and adverse effects by the patient.

Hai on being a typical involuntary case of psychiatry needs to be dealt in the proper skillful and sensitive manner so that he is unable to show the amount of resistance that he has projected towards the professionals. Mark has significantly identified the fact that his falling down from the terrace of the roof is not normal which led him to further dig into the matter (Ross, Gale & Goetz, 2016). This investigation involved the active participation of Dr Chin who has examined Hai for his illnesses. Hai on becoming comfortable with Dr Chin has revealed the fact that he heard and saw voices of intruders in his room who asked him to jump down from the terrace. This discovery has led Dr Chin to consult with Mark who has shown enough responsibility in treating Hai. Hai was later found to completely deny the fact that he has heard or seen any intruder in his room. Mark and Dr Chin became sure of their diagnosis of Hai being affected by a serious psychotic disorder which encompasses primarily delusionary and hallucinatory symptoms. It is due to his delusionary disorder that he is affected greatly by his psychological state of condition (Price et al. 2014). Hai is seen to show a great amount of aggression, disgust and resentment on being identified and recognised as a psychiatric patient. The psychiatric ailment is necessarily that part of a mental condition that is not very easy to find a remedy for as in a case of physiological problems. The psychiatrist professionals such as that of Dr Chin in the present scenario have evidently identified the present condition and the causes that have led Hai to develop this kind of mental state gradually.

 


The mental health professionals concerning the present scenario have the complete authority to take the governance of the patient under consideration. Taking the recommendation 23 constituting the Mental Health Act of 2000 and 2016 (QLD) the authorization needs to be identified fundamentally from the part of the concerned family members of the patient. The diagnosis needs to be strong enough to be sure of confirming the fact of identifying the patient as affected with the specified psychiatric illness. In the present case it can be evidently noticed that Hai is diagnosed over an again to be sure of the fact that he is consisting of the particular mental illness. Dr Chin has taken relevant and effective measures to trace back the history of Hai to gain knowledge regarding the clinical background which is found to support the diagnosis thus made on him (Gunn & Taylor, 2014). On the basis of this diagnosis, it has been essentially decided by the psychological professionals to deal with the particular patient in a skilful yet sensitive manner. Hai has been found to show continual restraint over that fact that he is in a condition to seek treatment concerning the field of mental health. 

There is need to abide by certain specific ethical and legal proceedings before conducting or administering the treatment process over Hai, who himself is at an involuntary state. According to the clause of the Act, the clinical reports based upon the diagnosis thus made needs to be submitted to the relevant authorities such as the patient family, the governance body. This step shall be the fundamental stone for the health care professionals to be able to administer or start with the treatment that is required to be conducted over Hai. As Hai at the particular moment is found to be in an extremely vulnerable state where he can pose risk not only risk for himself but for the others around him, emergency measures can be required at any point of time. However, it is ethically as well as legally suggestible to follow the advice of a legally sound advisor who will be able to monitor the entire routine of treatment that shall be scheduled for Hai. The members of his family need to be informed and made aware of the all the treatments that are conducted over him (Teaster & Sokan, 2016). The mental condition of Hai as before the application of treatment must be brought into comparison with that of the state that is achieved after every interval of treatment that is implemented upon the individual.

 


It can come across that as the patient is of involuntary nature, there can be certain unfavourable consequences based upon the initiation of treatment made by RN Mark Traves. He needs to follow certain necessary precaution measures to be able to deal with the situation in a smooth manner without facing adverse problems. The professional ethics has also certain restrictions and the activities and behaviour confide within a set boundary even if the patient’s condition is judged well by the practitioner. Fulfilling the professional ethics and limitations posed by the legal proceedings, the medical health caregivers need to for,emulate their duties towards their patients. Like in a case of the present scenario it can be evidently observed that Mar has taken enough initiative for investigating and resolving the psychiatric illness and the cause for which it has emerged in the life of Hai. Hai has been resistant about the entire episode and has instead voiced his opinion on the fact that since he is much evolved in the health and social care sector he claims to have proficient knowledge in this field and is henceforth equipped enough to be able to deal with his own physical and mental state by himself (Phelps et al. 2015).

 


From this case scenario, it, however, be inferred that although there are certain necessary areas which make the medical practitioner bound to become prone towards fulfilling his duties towards his patients, but there lies a simultaneous boundary of ethical and legal proceedings that need to be abided (Holloway & Galvin, 2016). The role of the practitioner becomes restricted or restrained to some extent for performing the best of their capabilities. The professional ethics cannot necessarily be overlooked or avoided while dealing with special cases as such. As the family member like Hai’s brother, in this case, is seen to support the professional steps initiated the implications can be positive in turn.

 

References

Broadhead, R. (2015). Professional, Legal and Ethical Issues in Prescribing Practice. The Textbook of Non-Medical Prescribing, 35.

Davidson, G., Brophy, L., Campbell, J., Farrell, S. J., Gooding, P., & O'Brien, A. M. (2016). An international comparison of legal frameworks for supported and substitute decision-making in mental health services. International journal of law and psychiatry, 44, 30-40.

Gunn, J., & Taylor, P. (2014). Forensic psychiatry: clinical, legal and ethical issues. CRC Press.

Holloway, I., & Galvin, K. (2016). Qualitative research in nursing and healthcare. John Wiley & Sons.

Phelps, K., Regen, E., Oliver, D., McDermott, C., & Faull, C. (2015). Withdrawal of ventilation at the patient's request in MND: a retrospective exploration of the ethical and legal issues that have arisen for doctors in the UK. BMJ supportive & palliative care, bmjspcare-2014.

Price, A., McCormack, R., Wiseman, T., & Hotopf, M. (2014). Concepts of mental capacity for patients requesting assisted suicide: a qualitative analysis of expert evidence presented to the Commission on Assisted Dying. BMC medical ethics, 15(1), 32.

Ross, D. B., Gale, J., & Goetz, J. (2016). Ethical Issues and Decision Making in Collaborative Financial Therapy. Journal of Financial Therapy, 7(1), 3.

Stanhope, M., & Lancaster, J. (2015). Public health nursing: Population-centered health care in the community. Elsevier Health Sciences.

Teaster, P. B., & Sokan, A. E. (2016). Ethical Standards and Practices in Human Services and Health Care for LGBT Elders. In Handbook of LGBT Elders (pp. 639-655). Springer International Publishing.

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