Compare And Contrast The Legal Position Of A Formal Hospital

Besides, if a person lacks mental capacity to give valid consent, nurses caring for such a person should be involved in assessing the treatment to be administered. However, they must be “aware of the legislation regarding mental capacity, ensuring that people who lack capacity remain at the centre of decision making and are fully safeguarded.”6 The Mental Capacity Act (2005) offers assistance regarding ‘capacity’. The Act applies to all aged 16 and above and to those with learning disability, dementia, brain injury, autism and mental health issues.

The court must listen to the evidence received by two doctors and their evidence must satisfy the court that the offender is suffering from a mental illness as described under the definition above and that their detention is appropriate for medical treatment to take place. They must also assert the court that appropriate medical treatment is available for the offender and when considering to imposing the above order the courts must also take into consideration the offenders history and character; any other relevant circumstances and any other alternative methods that could be imposed. All other avenues must also be explored before the court makes its final decision. the evidence given by the doctors must ascertain the court that hospitalisation is the most beneficial course of action to take in this offenders case (MHLO, 2010)

In this assignment I will be discussing Adult Nursing and Mental Health Nursing and issues regarding consent. Consent is important within all fields of nursing as it is essential to conduct any medical procedures. The Nursing and Midwifery Council Code of Conduct (NMC,2008) states that all healthcare professionals must presume that all patients have the mental capacity to accept or deny medical treatments after being given all information which may be needed. However there may be some instances where consent cannot be obtained. An example of this is if the patient is in a medical emergency and may be unconscious or if the patient lacks the mental capacity to make a knowledgeable choice. In this situation treatment would be

After 96 hours of involuntary commitment, a client must be asked to sign consent for hospitalization.

Patient informed consent refers to the situation where the patient is fully informed on the consequences of their health care decision after which the patient gives the decision. For there to be informed consent, there are five elements that must be discussed. The first is the nature of the patient's decision then the applicable alternatives to the proposed intervention. Third are the risks, benefits and uncertainties associated with each of the alternatives. Fourth is the assessment of the patient's understanding and last is the acceptance of the intervention or an alternative by the patient. Before the patient's consent is considered to be valid, the patient's competency to make the decision must be addressed. The criteria for evaluating the patient's competency is clearly stated in section 3 of the 2005 Mental Capacity Act which states that provided the person is able to understand, retain and use information provided and to communicate their decision in any way such as talking or sign language, they are competent to make a decision. If a patient is treated against their refusal to consent, it amounts to the tort of battery or can also be considered the crime of assault. In addition to this, laws that touch on human rights reinforce the importance of the protection of the physical integrity of the individual in terms of their right to respect of their private life. Therefore, refusal of medical treatment is a human right.

Mental Health Act 1983 and 2007, for somebody to be treated as mental illness or mental disorder the Mental Health Act must also be involved. The Mental Health Act was started in the 1983 and was then amended in the 2007. The Mental Health Act 2007 was also amended the Mental Capacity Act 2005. The Mental Health Act 1983 was covering the following mental health disorder such as mental illness, mental impairment, severe mental impairment and psychopathic disorder. Then it was later amended in Mental Health Act 2007 which has provided a definition of a ‘mental disorder’ has does two things by improving the understanding of who can be treated under the Health Act and has increased the number of illness and disorders that can lead to the detention

This capability might just incorporate pertinent protests to the utilization of organic treatments. Studies have shown that schizophrenia, to name only one illustration, is in no way, shape or form an all inclusive impeding condition for which the capacity to agree to treatment must be consequently addressed or denied. It goes ahead to state a "mental hindrance is a mental or mental issue. Cases incorporate mental impediment, passionate or psychological instability, and natural cerebrum disorder." law) (in England, as indicated by the Mental Health Act 1983) a condition of captured or inadequate advancement of brain, which incorporates critical weakness of insight and social working and is related with unusually forceful or genuinely untrustworthy lead the most minimal standard of "dominance of the confirmation.

One of the biggest argument concerning this case and others like it, is that these patients, considering their mental conditions, could not actually have given informed (i.e., sane) consent because the request itself is considered “wrong” by society’s standards.

The current method to heal mentally ill patients in the United States is mostly done through forced medication. Elyn Saks believes there may be a better way to help the men and women suffering with a mental illness than forced medication. “The Consent Dilemma” shows how the current method of forced medication is outdated and how there is a more effective method to help people that have a mental illness. All the rhetoric devices are used in “The Consent Dilemma” by Elyn Saks in the magazine Politico. The rhetoric devices are used to show that the current system used to help the mentally ill is in need of an update.

An increase in knowledge regarding gender-related issues has led to necessary changes needed within healthcare systems. Providers are now expected to understand and deliver care that meets the specific needs of these patients, regardless of age or gender identification. This new change in culture can be extended to community care settings as well as hospitals. If a healthcare provider does not respect the values and beliefs of patients from different cultures, claims of discrimination can be made. This has the potential to result in legal action taken against the provider (Andrews & Boyle,

The Human Rights Act 1998 upholds the person/patient rights to make decisions on whether to accept or decline treatment ("UKCEN: Ethical Issues - Consent", 2016).

Dimond (2016), notes the right to refuse is a basic principle of law in the UK of which the court of appeal has emphasised that providing the patient has necessary mental capacity they can refuse to give consent for a good, bad or no reason at

This situation is definitely linked to the term competence. Competence is basically the ability to deliver decisions about medical interventions. According to Vaughn, people who are incompetent in this sense cannot give their informed consent (Vaughn, 2013, P. 181). I agree with this because if my sister has Paranoid Schizophrenia she cannot give her informed consent when it comes to her health because she is not in the right state of mind to do so. according to an article I found in the Huffington Post mentally ill patients are like children, and they are not competent enough to make decisions for themselves, and they have to second guess all their decisions.

It is important that all health care administrators understand the role of informed consent in order to avoid legal actions (lawsuits). In the case with the elderly man with suffering from gangrene, and showed signs of dementia; a mental test should be performed to determine if he could

Consent can be quite tricky, a legal minefield for healthcare teams, this is due to the patients who will give or refuse to give private information about themselves who is legally competent but