Block 33 Week 5 Flashcards
(281 cards)
common law principles which may be used to provide emergency care and treatment to patients that lack capacity:
- necessity
- duty of care
common law allows?
- allows anyone to take reasonable and proportionate action to prevent immediate significant harm to others
- applies whether or not he has capacity
principles of common law?
- in an emergency, when it’s not possible to find out a patient’s wishes, you can treat them without their consent
- provided the treatment is necessary to save their life or prevent a serious deterioration of their condition
- must be the least restrictive of the patient’s future choices
under common law, it’s acceptable to act in a patient’s best interests if:
- the care and treatment is urgent and there is not time to consider the use of alternative legislation (e.g. the patient is unconsious and requires immediate treatment)
- care and treatment is necessary to save their life or prevent serious deterioration
section II?
- Admission for assessment
- 2 doctors need to make the recommendation
- lasts for a maximum of 28 days
at any time during a section 2, a patient can be put on
a section 3
section 3?
- Admission for treatment
- long term civil section
- An AMHP makes an application for admission, based on the recommendations of two medical practitioners.
duration of a section III?
- The initial period for which detention is authorised is six months, but it can be renewed by the RC for a further six months, then for further periods of 12 months.
Section IV?
- used when it is of urgent necessity for the patient to be admitted and detained under section 2
- It is similar to s2, but differences include that only one medical recommendation is required, and it lasts up to 72 hours
Section V?
- holding powers
- A nurse of the specified class may detain certain inpatients for up to 6 hours, and a doctor may detain inpatients for up to 72 hours.
SECTION 136?
- police
- allows them to take and keep a patient at a place of safety
- can do this without a warrant if:
- you appear to have amental disorder, AND
- you are in any place other than a house, flat or room where a person is living, or garden or garage that only one household has access to, AND
- you are “in need ofimmediate care or control” (meaning the police think it is necessary to keep you or others safe).
how long can police keep a person under section 136?
- police can keep the patient in a place of safety for up to 24 hrs which can be extended for another 12 hours if it was not possible to assess you in that time.
community treatment orders?
- CTO is an order made by yourresponsible clinicianto give you supervised treatment in the community.
- This means you can be treated in the community for your mental health problem, instead of staying in hospital.
- But your responsible clinician canreturn you to hospitaland give you immediate treatment if necessary
- comes with certain conditions like living in a certain place or going to appointments
how long does a CTO last?
- last 6 months from date of order
- You can only be put on a CTO if you are in hospitalunder certain sections,and ifcertain criteria are met.
when can a CTO be made?
- section 3
- section 37 hospital order
- Unrestricted transfer direction under section 47 (Notional section 37)
Who can’t be put on a CTO:
- You are under sections 2, 4 or 5
- You have already been discharged from your section.
Criteria for a CTO?
- You are suffering from amental disorderfor which you need to receive medical treatment.
- You need to receive this medical treatment for your health or safety, or for the protection of others.
- You can receive this treatment without needing to be detained in hospital.
- Your responsible clinician needs to be able to recall you to hospital if necessary.
- Appropriate medical treatmentis available for you in the community
what are the human rights?
- right to life
- right not to be tortured or treated in a inhuman or degrading way
- right to liberty
- right to respect for private and family life. home and correspondence
- right not to be discriminated against
- Right to freedom of thought, conscience and religion
- Right to peaceful enjoyment of possessions
right to life?
- If people with mental health/capacity issues have their physical health needs ignored which could risk their life
right to be free from inhuman or degrading treatment?
- neglect or lack of care leading to serious harm or suffering
- a person presenting a risk of serious self-harm or harming others including staff and others using the service
- failing to provide treatment to reduce serious harm experienced by the person
right to liberty?
- decisions preventing a person from leaving a place (such as a care home or hospital) and ensuring the correct processes are followed
- when a person requires constant supervision or monitoring and ensuring they have access to the relevant safeguards
restricting the right to liberty?
- this right can be restricted but only in specific circumstances e.g.
- detaining a person under the MA
- depriving a person of their liberty under theMental Capacity Act either where
the right to not be tortured?
- not to be treated in a way that causes intense physical or mental suffering
- This could include police violence, poor prison conditions, or neglect or abuse in a care home
when does neuroleptic malignant syndrome occur?
commonly occurs due to initiation of anti-dopaminergic medication or withdrawal of dopamine agonists. S