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Medicolegal Issues, Ethical Issues, and Psychiatric Practice.

Background

Ethics, derived from the Greek term ‘ethikos’, refers to the principles of right conduct and governs natural disposition in humans. Hippocrates first introduced it in the 5th century BC, and it is a systematic study of the ultimate problems of human conduct, including right and wrong, morality, and other issues. The need for medical ethics is increasing due to the rapid advancement of medical knowledge, particularly in areas like organ transplantation, euthanasia, and artificial life prolongation. The World Psychiatric Association launched code of ethics called ‘Declaration of Hawai’. In 2023, the Nigerian Government gazetted her first indigenous legislation, National Mental Health Act. This replaced the Lunacy Act of 1958, which was the amended Lunacy Act of 1948.

Discussion
RELEVANCE OF ETHICS TO PSYCHIATRY

The distinction between normal and abnormal behaviour is blurred, and psychiatric diagnosis and treatment can be questioned. Psychiatric Treatments aim to modify behaviour, which can be seen as a threat due to potential manipulation for vested interests. The close relationship between patients and therapists can lead to intense transference (an unconscious redirection of feelings towards a therapist from the past), which can be maliciously used. Psychiatric patients may not fully understand reality and may consent to decisions that are not in their best interest. For instance, a manic patient may give a blank cheque to the therapist.

 

GOALS OF PSYCHIATRIC ETHICS
  1. Deliver competent, compassionate and respectful care.
  2. Deal honestly with patients and colleagues.
  3. Act within the boundaries of law.
  4. Respect the rights and autonomy of patients.
  5. Be responsible to the community and society.

 

 

ETHICAL GUIDANCE
  1. Law: ethics and law are closely related but not synonymous.
  2. Religion: many ethical decisions have their roots in religion.
  3. Professional associations and their guidelines.
OBJECTIVES OF PROFESSIONAL ETHICS

To provide guidelines of conduct among the professionals themselves. Referral from one therapist to another, giving comments on the opinion of another professional, and charging consultation fee from co-professionals and their families. It also provides guidelines for dealing with patients, their relatives, and third parties.

AREAS OF ETHICAL IMPORTANCE
  1. Third Party Responsibility: In the modern era, medical treatment no longer lies solely within the remit of the of doctor-patient relationship. Many external agencies influence both the content as well as the form of treatment. In western countries, insurance companies often provide funds for the treatment, likely to influence policy of hospitalization and its duration.
  2. Respect For the Patient and His Human Rights: Each patient has to be respected as an individual and the aim of the treatment should be towards an early restoration of the functioning of the individual. Nothing should be done which could be perceived as violation of human rights of the individual. Unnecessary restraints, keeping a person in solitary cells and afflicting physical punishment would be considered as highly unethical.
  3. 3. Disclosure: On summoning the psychiatrist to testify, one should obtain the consent from the patient, and if that is not forthcoming, then one has to depose after lodging protest with the judge. The confidentiality clause will require more careful monitoring as the new mental health act has come into operation. The record of the patient may be inspected by the ‘inspectors’ at any time. Some of these ‘inspectors’ may not be professionally trained. Therefore, one must only record all the observations which seems to be relevant to diagnosis and treatment.
  4. Confidentiality: The patient's professional information should not be disclosed without their consent, and their records should be protected to prevent unauthorized access. This includes the treating team and family members. After recovery, if the patient wishes to restrict access to the family member, the team should respect this. Employers, insurance companies, and other interested parties should be informed after obtaining consent from the patient.
  5. Involuntary vs voluntary treatment: As psychiatric patients do not consider themselves to be ill, they have to be hospitalized or treated against their will. Patients are usually admitted as ‘voluntary’ or ‘informal’ patients, by obtaining their signatures on consent form without obtaining their real consent The new National Mental Health Act (2021) defines a "Voluntary admission": as a person who goes to a facility for treatment and admission on his or her own accord, with or without a referral. The law allows involuntary hospitalization with the consent of relatives, reducing the need for judicial orders for patients. The treating physicians should be cautious of malicious intentions. Once compulsory treatment or detention no longer applies, patients must be released unless they consent to further treatment. An independent body of appeal must be established for regular inquiry, and patients informed and allowed to appeal without interference from hospital staff or others.
  6. Psychiatric diagnosis: The psychiatric diagnosis, a crucial tool in diagnosing mental health issues, has been questioned by some, including Thomas Szasz, who argues that classifying psychological problems as mental illness is logically incorrect. Humanists also question the boundaries of mental illness, arguing that a psychiatric diagnosis should not be equated with legal insanity or used as a defense for reduced responsibility. Many psychiatric diagnoses do not meet the legal conditions for insanity but serve as a guideline for clinical purposes.
  7. Professional Conduct: All registered medical and dental practitioners shall be guided and bound by sound ethical practice in all areas of their professional practice, conduct, and comportment, in their professional and other relationships with their patients as well as other persons, including colleagues. The general principle is that when a medical or dental practitioner, in the pursuit of his profession, has conducted himself in such a manner which will be regarded as disgraceful or dishonorable by his professional brethren of good repute and competency, then he is guilty of infamous conduct in a professional respect.
  8. Psychiatric research: Research is crucial for knowledge advancement, but it requires safeguards when involving human subjects. Helsinki declaration guidelines prohibit research not likely to directly benefit patients and patients who cannot give informed consent unless permission is sought. Confidentiality must be maintained during publication. The Nureberg Code, established after the Nuremberg Trials, includes principles like informed consent, absence of coercion, well-formulated scientific experimentation, and beneficence towards experiment participants. These guidelines ensure that research does not violate confidentiality and promotes the advancement of knowledge.
  9. 9. Informed Consent: Medical paternalism is a medical practice where psychiatrists decide treatment based on patient interests after consultation. This method protects patient rights and allows them to participate in decision-making. The consumer protection movement demands medical professionals to provide detailed information for their own protection, aiming to protect patients' rights and ensure informed treatment choices.
  10. Information to be provided by the treating physician: This includes the nature of the disorder, the Prognosis of the disorder without treatment and each of the alternative treatment method, treatment option available, reasons for specific treatment being offered and drawbacks of the same, and a specific statement that the consent could be withdrawn whenever it wishes so.
  11. Competence in treatment refers to a patient's ability to comprehend the nature and severity of their presenting problems, their need for suggested therapeutic help, and its limitations. Psychiatric patients may lack insight, making them unable to give consent for treatment. Even if they do, it may be for wrong reasons, such as a manic patient challenging the doctor to give all drugs. Before giving consent, the patient should fully comprehend the information provided and be able to decide on the course of treatment in an understanding manner.
  12. Freedom to choose: Informed consent is a crucial right in mental health care, especially in countries with limited psychiatric facilities and poor economic conditions. Mental health professionals have a duty to educate patients about available treatment modalities and their right to choose. A standard written information sheet is recommended, including a clause allowing patients to ask for further clarification or information. This ensures that patients have the freedom to choose their treatment based on their circumstances and needs.
  13. Capacity: refers to a person's cognitive and emotional ability to understand information, retain the information, make decisions, and communicate choices. Mental capacity is evaluated using psychometric tools to determine the ability to make informed decisions and manage affairs, especially for decisions on medical treatment, Legal decision-making (e.g., testamentary capacity, signing contracts), and management of funds. Capacity may be affected by Mental health conditions such as intellectual disability, dementia, depression, substance use disorder, brain trauma, etc.
Further readings
  1. Kareem YA, Musami UB, Mahmood MY, Shuaib A, Ogualili PN. An X-Ray of the National Mental Health Act 2021 of Nigeria: Opportunities, Limitations, and the way forward. West Afr J Med. 2023 Dec 4;40(12 Suppl 1): S43. PMID: 38071516.
  2. Lunacy Act. (1964). The Lunacy Act 1964. References – Scientific Research Publishing. https://www.scirp.org/(S(351jmbntvnsjt1aadkposzje))/reference/referencespapers.aspx?referenceid=3139158
  3. National Mental Health Act (2021). An Act To Repeal The Lunacy Act Cap 524 Laws Of Nigeria 1964, To Establish A Mental Health Department To Promote And Protect The Rights Of Persons With Mental Health Conditions And Persons With Intellectual, Psychosocial Or Cognitive Disabilities, and to Provide For The Enhancement And Regulation of Mental Health Services In Nigeria
  4. Sanni, A., & Adebayo, F. O. (2014). Nigerian Mental Health Act 2013 Assessment: A Policy towards Modern International Standards. American Academic & Scholarly Research Journal.
  5. World Health Organization. (2005). WHO Checklist on Mental Health Legislation Introduction and how to use this checklist.

Author's details

Reviewer's details

Medicolegal Issues, Ethical Issues, and Psychiatric Practice.

Ethics, derived from the Greek term ‘ethikos’, refers to the principles of right conduct and governs natural disposition in humans. Hippocrates first introduced it in the 5th century BC, and it is a systematic study of the ultimate problems of human conduct, including right and wrong, morality, and other issues. The need for medical ethics is increasing due to the rapid advancement of medical knowledge, particularly in areas like organ transplantation, euthanasia, and artificial life prolongation. The World Psychiatric Association launched code of ethics called ‘Declaration of Hawai’. In 2023, the Nigerian Government gazetted her first indigenous legislation, National Mental Health Act. This replaced the Lunacy Act of 1958, which was the amended Lunacy Act of 1948.

  1. Kareem YA, Musami UB, Mahmood MY, Shuaib A, Ogualili PN. An X-Ray of the National Mental Health Act 2021 of Nigeria: Opportunities, Limitations, and the way forward. West Afr J Med. 2023 Dec 4;40(12 Suppl 1): S43. PMID: 38071516.
  2. Lunacy Act. (1964). The Lunacy Act 1964. References – Scientific Research Publishing. https://www.scirp.org/(S(351jmbntvnsjt1aadkposzje))/reference/referencespapers.aspx?referenceid=3139158
  3. National Mental Health Act (2021). An Act To Repeal The Lunacy Act Cap 524 Laws Of Nigeria 1964, To Establish A Mental Health Department To Promote And Protect The Rights Of Persons With Mental Health Conditions And Persons With Intellectual, Psychosocial Or Cognitive Disabilities, and to Provide For The Enhancement And Regulation of Mental Health Services In Nigeria
  4. Sanni, A., & Adebayo, F. O. (2014). Nigerian Mental Health Act 2013 Assessment: A Policy towards Modern International Standards. American Academic & Scholarly Research Journal.
  5. World Health Organization. (2005). WHO Checklist on Mental Health Legislation Introduction and how to use this checklist.

Content

Author's details

Reviewer's details

Medicolegal Issues, Ethical Issues, and Psychiatric Practice.

Ethics, derived from the Greek term ‘ethikos’, refers to the principles of right conduct and governs natural disposition in humans. Hippocrates first introduced it in the 5th century BC, and it is a systematic study of the ultimate problems of human conduct, including right and wrong, morality, and other issues. The need for medical ethics is increasing due to the rapid advancement of medical knowledge, particularly in areas like organ transplantation, euthanasia, and artificial life prolongation. The World Psychiatric Association launched code of ethics called ‘Declaration of Hawai’. In 2023, the Nigerian Government gazetted her first indigenous legislation, National Mental Health Act. This replaced the Lunacy Act of 1958, which was the amended Lunacy Act of 1948.

  1. Kareem YA, Musami UB, Mahmood MY, Shuaib A, Ogualili PN. An X-Ray of the National Mental Health Act 2021 of Nigeria: Opportunities, Limitations, and the way forward. West Afr J Med. 2023 Dec 4;40(12 Suppl 1): S43. PMID: 38071516.
  2. Lunacy Act. (1964). The Lunacy Act 1964. References – Scientific Research Publishing. https://www.scirp.org/(S(351jmbntvnsjt1aadkposzje))/reference/referencespapers.aspx?referenceid=3139158
  3. National Mental Health Act (2021). An Act To Repeal The Lunacy Act Cap 524 Laws Of Nigeria 1964, To Establish A Mental Health Department To Promote And Protect The Rights Of Persons With Mental Health Conditions And Persons With Intellectual, Psychosocial Or Cognitive Disabilities, and to Provide For The Enhancement And Regulation of Mental Health Services In Nigeria
  4. Sanni, A., & Adebayo, F. O. (2014). Nigerian Mental Health Act 2013 Assessment: A Policy towards Modern International Standards. American Academic & Scholarly Research Journal.
  5. World Health Organization. (2005). WHO Checklist on Mental Health Legislation Introduction and how to use this checklist.
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