对失能患者进行医疗拘留
Mark W Newman1, Carolyn S Keller2
1University of Washington Department of Psychiatry and Behavioral Science, Seattle, WA, USA. mwnewman@uw.edu.
Journal of general internal medicine
|August 26, 2024
概括
失能的住院患者可能会过早离开医院. 需要新的法律来授予临床医生法律授权暂时拘留和治疗缺乏决策能力的未经代表的患者.
科学领域:
- 医疗法 法律 医疗法
- 生物伦理学生物伦理学
- 医疗保健政策 医疗保健政策
背景情况:
- 决策能力受损的住院患者存在早出院的风险.
- 当没有代理决策者可用时,临床团队缺乏保留这些患者的法律诉讼.
研究的目的:
- 突出在管理无能和没有代表的住院患者方面的法律差距.
- 倡导立法解决方案,使临时拘留和治疗成为可能.
主要方法:
- 对紧急治疗和精神病房的现行法律规定进行分析.
- 评估它们对于这个特定患者群体的不足.
主要成果:
- 现有的法律框架 (紧急治疗,非自愿的精神病治疗) 不适合失能,没有代表的患者.
- 存在一个重要的法律空白,阻止临床医生确保患者的安全和护理的连续性.
结论:
- 临床医生需要明确的法律授权,以暂时拘留和治疗失能,无人代表的患者.
- 医生和医院协会应该倡导新的州法规来解决医疗失能问题,与心理健康法律进行平行.
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