RIGHTS OF MENTALLY ILL PATIENTS.pptx

rights of mentally ill patients

1. RIGHTS OF MENTALLY ILL PATIENTS

2. INTRODUCTION : In 1973 American Hospital Association (AHA) issued a Patient’s Bill of Rights that many hospitals and community-based settings have adopted.

3. Right to communicate with people outside the hospital This right allows patient to visit and hold telephone conversations in privacy and send unopened letters to anyone of their choice, including judges, lawyers, families and staff. Although the patient has the right to communicate in an uncensored manner, the staff may limit access to the telephones or visitors when it could harm the patient or be a source of harassment for the staff.

4. Right to keep personal effects The patient may bring clothing or personal items to the hospital taking into consideration the amount of storage space available. The hospital staffs are not responsible for their safety, and valuable items should left at home.

5. Right to enter into contractual relationships: The court considers the contract valid if the person understands the circumstances of the contract and its consequences. INCOMPETENCY: Mental incompetency is the issue related to this right. To prove a person mentally incompetent requires a special court hearing. Incompetence is a legal term without a precise medical meaning.

6. To prove incompetence, all the following must be shown: The person has a mental disorder. This disorder causes a defect in judgement. This defect makes the person incapable of handling personal affairs.

7. Contd…… If a person is declared incompetent, the court will appoint a legal guardian to manage affairs. This often is a family member, friend, or bank executive . If ruled incompetent, a person cannot vote, marry, drive, or make contracts.

8. Right to education Many parents exercise the right to education on behalf of their emotionally ill or mentally retarded children. The U.S. Constitution guarantees this right to everyone.

9. Right to Habeas Corpus This is an important right patients retain even if they have been involuntarily hospitalized . It provides for the speedy release of any person who claims to be detained illegally.

10. Right to privacy The right to privacy implies the person’s right to keep some personal information completely secret or confidential. Confidentiality involves the nondisclosure of specific information about a person to someone else unless authorized by the person. Every psychiatric professional is responsible for protecting a patient’s right to confidentiality, including even the knowledge that a person is in treatment or in a hospital. Confidentiality builds on the element of trust necessary in the patient-clinician relationship.

11. Clark D. conducted a study on “ Examining HIPAA's (Health insurance portability and accountability Act) disclosure exceptions ” and stated that HIPAA was enacted to protect the rights and privacy of patients. However, healthcare providers should be aware that there are disclosure exceptions without first obtaining the patient's permission.

12. Right to informed consent: The goal of informed consent is to help patient make better decisions. Informed consent means that a clinician must give the patient a certain amount of information about the proposed treatment and must obtain the patient’s consent, which must be informed, competent and voluntary. The clinician should explain the treatment and possible complications and risks.

13. Informed consent should be obtained for all the psychiatric treatments, including medication, particularly antipsychotics; somatic therapies, such as electroconvulsive therapy (ECT); and experimental treatments.

14. Right to treatment: It is an important right which must be preserved by a health care personnel. There are some criteria for adequate treatment: A humane psychological and physical environment. A qualified staff with a sufficient number of members to administer adequate treatment. Individualized treatment plans.

15. Right to refuse treatment The right to refuse treatment includes the right to refuse involuntary hospitalization. It has been called the right to left alone. Some people believe that therapy can control a person’s mind, regulate thoughts, and change personality, and the right to refuse treatment protects the patient.

16. Right to treatment in least restrictive settings: The goal of this right is to evaluate the need of each patient and maintaining the greatest amount of personal freedom, autonomy, dignity, and integrity in determining treatment. The right applies for both hospital based and community programs. It requires that a patient’s progress be carefully monitored so that treatment plans are changed based on patient’s current condition.

17. Right to religious freedom: According to this right patient is free to carry out his/her religious and spiritual activities as far it does not cause any harm to others.

18. Right to marry or divorce: A person can marry or divorce unless he/she is declared incompetent by the court or legislature.