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Chapter 9 - Ethico-legal Considerations in Psychiatry

Published online by Cambridge University Press:  02 January 2025

By
Edward Poa
Edited by
Marsal Sanches  and
Jair C. Soares
Marsal Sanches
Affiliation:
McGovern Medical School, Texas
Jair C. Soares
Affiliation:
McGovern Medical School, Texas
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Summary

This chapter covers the common ethical and legal issues that arise in psychiatry. It begins with an overview of the four ethical principles guiding medical practice: autonomy, beneficence, nonmaleficence, and justice. A brief discussion of parens patriae and police power follow, highlighting their particular applications in psychiatry. The chapter then goes on to illustrate how the balancing of these principles guides everyday ethical and legal issues. Confidentiality and its exceptions in the interests of safety and prevention of abuse/neglect are covered in detail. Next, informed consent and decision-making are explored. The requirements for informed consent are reviewed, leading into a discussion of those instances when an individual lacks capacity for informed consent (surrogate decision-making, involuntary admission and treatment, and exceptions). Finally, the chapter closes with an examination of the prohibitions against dual relationships, including sexual relationships, with patients.

Keywords

EthicsConfidentialityInformed consentInvoluntary treatmentDual relationshipsMandated reportingAutonomyBeneficenceNonmaleficenceJustice
Type
Chapter
Information
Fundamentals of Clinical Psychiatry
A Practical Handbook
 , pp. 71 - 77
Publisher: Cambridge University Press
Print publication year: 2025

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References

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