LAW IN HEALTHCARE

Law in Healthcare

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Law in Healthcare

Scenario 1

The law of Queensland Mental Health allows us to access the investigation and involuntary treatment, as well as the protection of people with mental illness. At the same time, the law seeks to protect and balance the rights and freedoms of the people who have a mental illness. The law also focuses on aspects of mental illness that cannot be addressed in other current legislative areas. It provides no information on voluntary treatment of mental illness, which is regarded as the treatments applied for other diseases, where current legislation provides all the relevant safeguards. The Act also establishes special procedures for people with mental illness who have criminal charges against them. These procedures allow making the expert examination of the person, as well as their detention in a mental health ward where it is necessary.

Through, the principles intend to support the decisions that are made ??or actions taken in place with the Law. Any person exercising powers or functions under the Act must therefore, take account of these principles. The principles are in accordance with the policy and national and international protocols as the Queensland legislation (for example, the Law on proxies 1998 [Powers of Attorney Act 1998] and the 2000 Law on the protection and management [Guardianship and Administration Act 2000]) (Mary 2002, 90).

Key Principles

The basic human rights of a person, such as respect for human worth and dignity, must be recognized and to be taken into account.

A person must be encouraged and supported to share in the decisions regarding his or her life, with particular attention to decisions about therapies that undergo.

They cannot overlook the special needs of a person, for which they must take account of his cultural, religious, and linguistic factors.

It must be given due recognition to how important for a person is his continued participation in community life and the maintenance of supportive relationships in the community.

The therapy has value only if there is the potential to promote and maintain mental health and well-being.

The right to privacy of a person must be recognized as inalienable.

All the powers or functions exercised by the Act shall be implemented with the principle guide the freedom and rights of a person may be compromised only in no less restrictive means necessary to protect the health and safety of the individual or the community.

Any adverse effect on the freedom or rights of the person must be limited to the minimum imperative dictated circumstances (Darius 2009, 101).

Mental Illness

Mental illness is defined as the condition clinically characterized by significant disturbances of thought, mood, perception or memory. To establish that a person is suffering from mental illness, one should adhere to the standards accepted by medical internationally. The law also lists 11 points that can exclude that a person is suffering from mental illness. These cut off points are connected to the behaviour and the conditions and circumstances which - in ...