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Mental Health Act Case Study

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After introducing oneself to the patient, and going over the patient’s records, capacity needs to be established to provide person-centred care. The Mental Health Act 1983 has 5 sections, of which Jamie has seen sectioned under section 2, which is upon admission to hospital the patient can be detained for up to 28 days in the hospital for assessment requiring 2 Doctors and 1 approved mental health practitioner (Lloyd M, 2012). Section 2 of the Mental Capacity Act (2005) outlined “capacity” as being incapable of making decisions for yourself in relation to the matter because of an impairment or a disturbance in the functioning of the mind or brain. The Act declares that in law it is presumed adults have the capacity to make choices and requires proof if they remain unable to. Jamie was examined by The Older People’s Mental Health team (OPMH) and an …show more content…

The NMC (2015), demonstrates to provide a high standard of care, written documents are significant as they withhold valuable data and aid to notice any changes in the patient’s health, and assuming that the patient went to court, documentation is critical. The law case Ms. B v NHS Hospital Trust (2002), doctors went against her wishes arguing she had no mental capacity but no documentation was presented with the court ruling she did have the capacity and should have been honoured and it was an unlawful act to have ignorance against the laws surrounding documentation. Ignorance of the Law is no defence with both healthcare and the law in a consistent state of transition the health professional has the obligation to be conscious of the affecting laws in her practice (Dimond, 2009). The Human rights act (1998), states everyone has a right to their life being protected by law and when there is no capacity doctors or power of attorney have a duty of a professional to take action in the best interests of the

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