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In: Nursing

The patient you took care of today, Sharon Cole, was subsequently transferred to a psych hospital...

The patient you took care of today, Sharon Cole, was subsequently transferred to a psych hospital involuntarily because she declined to sign voluntary consents. She states that she is going to sue you and the hospital for involuntarily admitting her, restraining her, and forcing medication on her. You begin to prepare your defense in case it does go to court. For your defense, explore the following points. Be sure to include sources and a reference list using APA format.

  • Cole states that you held her against her will in the hospital when she was involuntarily admitted. What behaviors/mental status concerns was she exhibiting that justified an involuntary admission? What are the legal standards that exist for involuntary admission?
  • Cole states that you assaulted her when you restrained her and administered IM injections. What behavior concerns could she exhibit that would justify restraints? What are the legal standards that exist for restraining a patient?
  • Cole does not want to continue to take her lithium after discharge. What recourse does Mr. Cole or her provider have to enforce compliance with her medications?

Solutions

Expert Solution

#. Behaviour that justify involuntary admission - If a person poses an immediate or imminent threat to himself or others, that's grounds to be involuntary admission.

#. Legal Grounds for Involuntary Commitment

-patient must be suffering from active mental illness and be in need of treatment and EITHER:

-dangerous OR unable to care to himself/herself

#. Behaviour concerns exibited by her to justify restraint application is causing harm to self and others

#. Legal standards of restraint :-

Restraints and seclusion are used only when there is an emergency, it is determined that the patient's behavior is unsafe, and there is imminent danger -If limit movement, seclusion (closing door) -meds can be restraints .

-The Joint Commission (TJC), formerly the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), has established restraint and seclusion standards, and revises them on an ongoing basis. As of July 1, 2009 currents standards include the following:

-A restraint order that is being used for violent or self-destructive behavior has a definite time limit associated with it

-Standard: unless state law is more restrictive, orders for the use of restraint or seclusion used for the management of violent or self- destructive behavior that jeopardizes the immediate physical safety of the patient, staff, or others may be renewed within the following limits

+4 hours for adults 18 years of age or older

+2 hours for children and adolescents, 9 to 17 years of age

+1 hour for children under 9 years of age

-Orders may be renewed according to the time limits for a maximum of 24 consecutive hours

Nightingale answered 2 years ago
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