Module 3 - Cultural, Legal and Ethical Implications Flashcards Preview

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Flashcards in Module 3 - Cultural, Legal and Ethical Implications Deck (16)
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Define cultural competence in psychiatric mental health nursing

the ability for nurses to apply knowledge and skill appropriately in cross-cultural situations and to adapt care delivery to meet the patient’s cultural needs and preferences


outline strategies to assist nurses in the development of cultural competence

- Having cultural awareness: examine your own beliefs
- Gaining cultural knowledge: ex. learn by programs, growing friendships with those of other backgrounds
- Cultural encounters: deter nurses from stereotyping, help nurses gain confidence in cross-cultural encounters
- Having cultural skill: ability to perform a cultural assessment in a sensitive way with having awareness. Goal is to have a mutual goal
- Cultural desire: general concern for patient’s wellness. Have empathy to understand patient’s perspective. Can’t make assumptions dependent on someones culture


Explain the ethical principles of respect for autonomy

Respecting the rights of others to make their own decisions. E.g. acknowledging the patient’s right to refuse medication


Explain the ethical principles of respect for Nonmaleficence

duty to minimize harm and do no wrong to a patient (e.g., by maintaining expertise in nursing skill through nursing education)


Explain the ethical principles of respect for Beneficence

the duty to act to benefit or promote the good of others (e.g., spending extra time to help calm and extremely anxious patient)


Explain the ethical principles of respect for justice

The duty to distribute resources or care equally, regardless of personal attributes. (e.g., nurse devotes equal attention to someone who has attempted suice as to someone with brain injury) (from teach - Patient cold, provide a blanket)


Compare and contrast western, religious, holistic beliefs about the responsibility for health

Scientific/biomedical (western) – individual has responsibility for their health
Religious – sense of community: one person’s actions may have caused the illness or health of an individual
Holistic – mind, body, spirit are considered so united that they may not be words to indicate them as distinct entities


Consider the world view and cultural beliefs of the First Nations people in Canada and their relation to mental health and mental illness

- The indigenous world view of mental health acknowledges the connection between an individual and the collective. It is reflective of the balance that is achieved between physical, emotional, cognitive, and spiritual dimensions
o Believe that for a person, family, or community to be healthy, it must have a balance between physical, emotional, cognitive, and emotional aspects of health. All of these aspects of health are interconnected and thus any “treatment” must fully consider the whole person. They also believe the land is sacred and is linked to culture and healing


Explain the unique mental health and mental illness issues of refugee and immigrant groups in Canada

>Living in poverty when come to Canada = risk factor for developing mental health problems
> Immigrants may experience acculturative stress in attempting to adapt to a new culture, negotiating new norms, and seeking meaningful employment = risk for depression
> Accessing mental health services may be problematic due to language barriers and stigma
> Refugees – may require mental health assistance to adjust to their new surroundings and to feel a sense of safety and security
>> Mental health problems commonly faced by refugees include anxiety, depression, grief responses, and, notably, a risk for PTSD


what is the principle of informed consent? For consent to be effective, it must be informed. Patients must be informed of what?

The principle of informed consent is based on a person’s right to self-determination and the ethical principle of autonomy.
o Nature of their problem or condition
o Nature and purpose of a proposed treatment
o Risks and benefits of that treatment
o Alternative treatment options
o Probability of success for the proposed treatment
o Risks of not consenting to treatment


Describe the concepts of competency

Competency – is the capacity to understand the consequences of one’s decision.
o Patients’ must be considered legally competent until they have been declared incompetent through a legal proceeding.
o If declared incompetent, patient may be appointed a legal guardian or representative


Describe the concepts of Confidentiality

The fundamental principle underlying the code on confidentiality is a person right to privacy – the assurance that only those with a right to know will have access to privileged information
- In some situations, disclosure may be mandated to protect the patient, other persons, or public health.


Describe the role of the Alberta Mental Health Patient Advocate

 MHPA is legislated to help people who are or have been detained in hospital under admission or renewal certificates and people under community treatment orders (CTO), and those acting on their behalf, to understand and exercise their rights. MHPA may investigate complaints or refer the complainant to another body that can assist.
Educational services


Explain the duty to warn and protect

The duty to protect usually includes the following:
o Assessing and predicting the patient’s danger of violence towards another
o Identifying the specific persons being threatened
o Taking appropriate action to protect the identified potential victims
--- If staff nurse does not report to other members of their team a patients threats of harm against specified victims, this failure is considered substandard


Explain legislation requiring the reporting of abuse

All provinces/territories have enacted child abuse reporting legislation
- They generally include a definition of child abuse, a list of persons required or encouraged to report abuse, and the governmental agency designated to receive and investigate these reports
-Most provincial or territorial legislation provides protection to anyone who makes a report in good faith, ensuring immunity from civil liability in connection with the report


Describe legal issues related to the care and treatment of people with mental disorders

- Miscommunications and med errors are common in all facets of nursing.
- Abuse of the therapist-patient relationship. Issues of sexual misconduct during the therapeutic relationship have become a source of concern in the psychiatric community.
o Patient safety
o Intentional torts (willful or intentional acts that violate another person’s rights or property)
o Negligence or malpractice
o Assault and battery
o False imprisonment
o Defamation of character: Slander (spoken), Libel (written)
o Invasion of privacy
o Supervisory liability (vicarious liability) (*tble p. 109 goes more indepth)