Week 2_ Discussion - Ethical and Legal Foundations of PMHNP Care

Respond to your colleagues by sharing cultural considerations that may impact the legal or ethical issues present in their articles.

**minimum of three (3) scholarly references are required for each reply cited within the body of the reply & at the end**

Kevin Fletcher 

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Discussion 2 Main Post

Ethical Considerations as it relates to Negligence/Malpractice for adults

Negligence is defined as a failure to provide the care that is required as a standard of practice to an individual and involves harm to the individual that is not personal but caused by carelessness. Malpractice is the act of negligence by the practitioner or healthcare facility which results in an injury to the patient which could be related to patient care, surgery, improper medication prescription or dosage. Ethical consideration as it pertains to adults can be complex as it comprises of various elements which includes the preservation of one’s respect and dignity, recognizing family structure, ensuring the safety of the individual, preserving end of life request and embracing the individual’s independence. These factors may put the elderly at the risk for neglect, abuse, and ill intent. According to Hagensen et al. 2018, some medical facilities contribute to the negligence of the patient by having the practitioners caring for an overwhelming number of patients which sometimes results in neglect which is not ethical and safe from a medical practice standpoint.

Ethical Considerations as it relates to Negligence/Malpractice for children/adolescents

Ethical considerations as it pertains to the negligence/malpractice of children/adolescents includes requirements for special considerations based on their vulnerability. Due to their dependability, the children/adolescences require an informed consent, also respect should be given for their confidentiality and privacy. Ethical considerations as it relates to children/adolescents is greater than that of adults because children are a vulnerable population who depends on their parents/caregivers for trust and support. When neglect or malpractice is introduced to this population, legal measures are included in the clinical care the child receives. The Academy of Child and Adolescents Psychiatry have developed ethical guidelines and documents which are required by practitioners to follow as it pertains to ethical presentations for negligence /malpractice of children and young individuals (VanMeter et al., 2021).

Legal issues as it relates to Negligence/Malpractice for adults

Legal issues as it relates to negligence /malpractice for adults usually results in lawsuits which can be very costly. The recovery process for damages done due to negligence/malpractice in many instances can be limited by the statue or law which may differ from state to state. However, medical negligence/malpractice cases are mandated by medical malpractice laws and will need the expertise of an attorney who specializes in medical malpractice. The legal aspect of negligence/malpractice of an adult must meet a verdict that is in favor of the individual that is harmed or injured. The claim must comprise of elements of damages, causation, duty, and breach of duty, which must be filed after the injury/harm was evident (Regan, 2016).

Legal issues as it relates to Negligence/Malpractice for children/adolescence

Children/adolescence is also at risk for legal issues relating to negligence/malpractice, which can be devastating since the child and family usually put their trust in the practitioner. There are multiple lawsuits involving child practitioners and therapist. Children/adolescence practitioners sometimes needs the input of a third party in order to treat and medicate a child. For example, if a child is not performing well at school and it is suspected that mental health issues may be the root cause, the child’s teacher might have to get involved by gathering data pertaining to the child’s actions and performance in class. Legal actions filed against the practitioner/therapist can be related to an error such as over medicating or for something that was not done. Sometimes practitioners have to break doctor-patient confidentiality trust to inform the necessary individuals if the patient is at harm or planning to hurt someone. The parents of the individual should be informed and even if they do not consent, some situations have to be reported to the proper authority once harm is a factor (Dhadphale, 2019).

Conclusion

In conclusion, this information would be vital to my clinical practice and should be taken into consideration. Seeing patients on a daily basis put you at risk and mistakes can be made so keen attention must be taken to details and each patient case should be managed carefully. Making a medical error can affect my clinical practice drastically which can cause drastic legal actions to be taken against the practice, myself and could affect my license. The medical malpractice/negligence laws in the state of Florida are complex which makes it difficult for affected individuals when filing a claim. In Florida, for an individual to prove a case they must provide causation and breach of the standard of care ("Florida medical malpractice and the Statute of limitations," n.d.).

References