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LEGAL AND ETHICAL

ASPECTS IN
PSYCHIATRY
Samjhana Bhattarai
M.Sc. Nursing
Batch 2013

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Unit III: Legal and Ethical aspects in

Psychiatry
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Objectives:
At the end of the unit, the students should be able to:
Describe the legal and ethical aspects in psychiatry
THEMES AND TOPICS

Admission and discharge of mentally ill clients

Mental health Act and narcotic drug and psychotropic substance Act
Criminal and civil responsibilities
Rights of mentally ill patients
Ethical issues in psychiatry
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content
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Terminologies used in legal and ethical

aspects.
Ethics
Ethical principles

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Terminologies
and
Basic Concepts
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TERMINOLOGIES
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Law: Rules established by authority for regulating

the behavior of the members of community or
country.

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Law
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Criminal law: It defines certain acts as

offences against the state and doing so makes
them punishable.
Offence: breaking of a rule or law; crime

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Law
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Civil law: It defines the rights and duties of

individuals in relation to each other.

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Civil Rights:
Right to vote
Right to humane care
Right to treatment,
Right to religious freedom,
Right to social interaction etc.
Persons with mental illness are guaranteed the same
rights as any other citizen.
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Right
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A valid legally recognized claim or entitlement,

encompassing both freedom from government
interference or discriminatory treatment and
an entitlement to a benefit or service.

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Act :- written document which has been formally

passed by government
e.g. Nepal nursing council act at the national level,
health act.
Bill:- draft or temporary outline of what the act will
be.

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Legal document
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Certain written forms used regularly by nurse

and doctor on the process of treatment.

These forms can be used as evidence in court

if any difficulty arises. These document should
contain factual statement and signed by
concerned personnel and dated.
E.g. treatment chart and consent papers.

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Other Legal Terminologies

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Torts

Violation of civil law against a person or a persons

property.

Types

Unintentional

Intentional
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Unintentional torts
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a. Negligence: involves exposure of person or property

of another to unreasonable risk for injury. Lack of
reasonable conduct or care. Omitting an action
expected of a sensible person in a particular
circumstances is considered negligence.
Eg: during Medication
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Unintentional tort
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Malpractice: Any unreasonable lack of skill

in professional duties or illegal or immoral
conduct that results in injury or to death of the
client.

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Intentional torts:
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Occur when a person does damage to another

person in a willful, intentional way and without just
cause and/or excuse.

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Intentional Tort
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a. Assault: Mental or physical threat. Knowingly

threatening or attempting to do violence to another
person without actually touching the person.
Eg: Forcing the medication or treatment on a person
who does not want it but without touching the
person.
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Intentional Tort
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b. Battery: actually touching or wounding the person in

an offensive manner with or without the intent to do
harm.

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Intentional Tort
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C. Fraud: purposeful false presentation of facts

to create deception; includes presenting false
credentials for licensing or employment.

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Intentional Tort
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D. Invasion of privacy
i. Encroachment or trespass on anothers body:
includes any unwarranted operation, unauthorized
touching, and unnecessary exposure or discussion
of the clients case unless authorized.

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Intentional Tort
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ii.

False

imprisonment:

includes

intentional

confinement without authorization, as well as the

threat of force or confining structures and/or clothing;

the charge is not false imprisonment if it is necessary

to protect an emotionally disturbed person from
harming self or others.

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Intentional Tort
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iii. Defamation: involves communication, even if true,

that cause a lowering of opinion of the person,
includes slander (oral) and libel (written, pictured,
telecast),

both

of

which

are

dependent

communication to a third party.

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on

Good Samaritan Laws

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protect the health care professionals who administer

first aid as volunteers in an emergency unless there is
gross negligence or willful misconduct.

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Crimes
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An intentional wrong that violates societal law

punishable by the state; the state is the complainant.

A. Felony: serious crime, such as murder, punishable

by a prison term

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Crimes
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B. Misdemeanor: less serious crime that is

punishable by a fine and/or short-term
imprisonment.

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Forensic Psychiatry:
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Part of psychiatry that deals with patients and

problems at the interface of the legal and psychiatric
systems.

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Forensic Nursing
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Application of forensic science combined with the

bio-psychological education of the registered nurse,
in

the

investigation,

evidence

collection,

preservation, analysis, prevention and treatment of

trauma and/or death related to medico-legal issues.

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Ethics
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Ethics is the core of nursing practice.

It is branch of philosophy that concern the distinction

between right and wrong based on body of knowledge,
not just based on opinion.

It is a discipline of rightness and wrongness of actions.

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Veracity

Autono
my

Benefice
nce

ETHICAL PRINCIPLES

Justice

Non
Maleficenc
e
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Autonomy
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This presumes that individuals are

always capable of making independent
choices for themselves.

Children, comatose individuals and the

seriously mentally ill are examples of
clients who are incapable of making
informed choices.

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Beneficience
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Beneficence refers to ones duty to

benefit or promote the good of others.

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Nonmaleficence
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Nonmaleficence is the requirement that

health-care providers do no harm to their
clients,
either
intentionally
or
unintentionally.

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Justice
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The concept of justice reflects a duty to

treat all individuals equally and fairly.
Right of individuals to be treated equally
regardless of race, sex, marital status,
medical diagnosis, social standing,

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Veracity
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The principle of veracity refers to ones

duty to always be truthful.

Veracity requires that the health-care

provider tell the truth and not
intentionally deceive or mislead clients.

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References
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Sharma C, Choulagain PS. Essentials of Psychiatric and

Mental Health Nursing. 2015. First Edition. Saurav and
Awish Publishers.
Stuart GW, Laraia MT. Principles and Practice of Psychiatric
Nursing. 2005. Elsevier Publication.
Bhaskararaj DE. Textbook of Mental Health Nursing. First
Edition. 2011. Jaypee Brothers Medical Publishers.
Lalith K. Mental Health and Psychiatric Nursing, an Indian
Perspective. First edition. 2007. VMG Book House.
Townsend MC. Psychiatric Mental Health Nursing. 2012. 7 th
Edition. Jaypee Brothers Medical Publishers (P) Ltd.

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Any Queries???

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THANK
YOU!!!
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