Mental Health Legal Issues - Research Paper Example

 Mental Health Legal Issues Introduction Legal issues in mental health keep changing with time, as new issues arise from time to time. Mental health professionals are bound by both ethical and legal standards and principles, which guide them in mental healthcare settings. These legal standards in mental health are meant to protect the interests of all parties involved in the mental healthcare setting, ranging from practitioners to patients. Legal issues in mental health usually arise as a result of one party going against the legal standards set for mental healthcare scenarios. This paper will review the well known legal issues in mental health care management. Some years back, individuals were taken to be of good fitness when they portrayed no signs of mental infirmity. Currently, research institutions have come up with more clear definitions of mental health. According to the World Health Organization, mental health is explained as a status of well-being through which every individual realizes their own potential, can survive with the regular pressure of life, can work prolifically or fruitfully, and is able to bring changes to his or her community. Mental health refers to our cognitive or emotional well-being. It revolves around the way we think, feel and conduct ourselves. If an individual is enjoying life and has a balance between his or her life activities and psychological flexibility, he or she can be said to be under a state of good mental health (Luchins, 2001). The mental health structure has an edgy affiliation with the legal system. There are some circumstances whereby people can be forced into mental health treatment. It is vital to know that mental disorders, as well as the mental health laws linking to them, apply not only to the patient who suffers from the mental illness, but also to those who offer concern and support such as family members and friends, especially when they attempt to acquire the treatment they believe is required for their dear ones. This also proves in an opposite way that, untreated individuals who suffer from mental disorders will mostly affect those who surround them and try to look after them in a major and serious way (Richards, Campania & Muse-Burke, 2010). Between the earlier periods and now, there have been considerable changes in mental health legislation prejudiced by patients, legal activists and other stakeholders.  Keyes (2004) wrote that, raising the mental health legislation has valued the rights of people to make free and informed decisions, except if mental illness renders them incapable of reaching such decisions. In the same way, the amount of time that a patient with a mental illness may be held in hospital with no formal consent has significantly been shortened, and various decisions linking to this can now readily be appealed. Only a quarter of countries around the world are covered by mental health legislation. Some issues can intrude on an individual’s freedom and the right to make a decision, therefore, bearing the risk of maltreatment. This is if a person required admission to facilities providing mental health. This is also known as involuntary commitment. This is also a contentious legal issue, yet it can potentially stop harm to self and others, and assist some individuals to attain their right or freedom to good healthcare when they may be powerless to make a decision in their own (Keyes, 2002). The main reason behind involuntary admission is thought to be because of the serious possibility of direct or forthcoming risk to self or others, and the urge for treatment. Family members, medical practitioners or people close to an individual can give applications for the person to be involuntarily admitted in hospitals. Human rights oriented laws usually stipulate that, independent medical practitioners or other accredited mental health practitioners need to observe the patient disjointedly, plus they should create a regular, time-bound assessment by a self-governing assessment organization. The individual should also have personal right to use independent backing (Weare, 2000). Involuntary treatment sometimes can be administered through a forced manner. This comes into play when understanding of treatment information and its implications, and is, therefore, able to make an informed choice to either accept or refuse. It is, therefore, vital to prove that a patient suffering from mental illnesses is not capable of making an informed choice. Legal setbacks in some areas have led to a court decision that a person is not bound to agreeing with the decision of a psychiatrist over the matter as making up an illness, nor be of the same opinion as a psychiatrist’s assurance in medication, but only be familiar with the issues and information about diagnosis options (Richards, Campania & Muse-Burke, 2010). Alternate consent may be transferred to a private representative. If patients are considered to be in the right state of mind, they may be able to make, an advance directive stipulating on how they wish to be treated, should they be feared to be short of mental capacity in the days to come. The freedom of being supported during decision making, in a scenario where an individual is assisted to identify with and select the desired treatment options just prior to them being declared to lack ability may also be integrated in legislation. There should, at the very least, be split-decision making as far as possible. Charitable treatment laws are extending more and more to those living in various communities (Luchins, 2001). Conclusion The World Health Organization found that, the act of violating the rights of persons with mental disorders more willingly than protecting their well-being is still being practiced. Severe methods should be adopted for the protection of persons with mental illness and the improvement of mental health care. It has come up with minimum standards governing human rights in the mental health field. Individuals normally have a common belief that those who suffer from mental illness are usually the ones to blame for it. This acts as a form of social stigma. Over the past decades, there have been some rapid developments in mental health legislation. This is due to the hard work and responsibility of medical masters, mental health professionals and service providers who were conscious over these issues. Mental health legislation has become a very serious matter and requires thorough research and understanding. People are not only required to understand the essential legal statuses, but also the way they are being interpreted by the judiciary and analysis boards. References Keyes, C. (2002). The mental health continuum: From languishing to flourishing in life. Journal of Health and Social Behaviour, 43 (2), 207-222.  Luchins, A. S. (2001). Moral treatment in asylums and general hospitals in 19th-century America. The Journal of Psychology, 123 (6), 585-607. Richards, K. C., Campania, C., & Muse-Burke, J. L. (2010). Self-care and well-being in mental health professionals: The mediating effects of self-awareness and mindfulness. Journal of Mental Health Counseling, 32 (3), 247. Weare, K. (2000). Promoting mental, emotional and social health: A whole school approach. London: RoutledgeFalmer. Read More