The right to due process in civil commitment and involuntary hospitalization. – REPLY 1 Raed Majed

PLEASE REPLY TO THE FOLLOWING DISCUSSION POST:

Raed Majed 

I have chosen to investigate the right to due process in civil commitment and involuntary hospitalization. The ethical and legal concerns raised by this topic have a particularly significant impact on the field of psychiatric-mental health nurse practitioners (PMHNPs). Involuntary institutionalization, which involves the transfer of an individual with a mental health disorder to a mental institution without their assent, may be necessary for reasons of personal or public safety. Two of the ethical challenges associated with this subject are the potential conflict between the patient’s right to make their own decisions and the necessity to safeguard the patient from damage as a consequence of their mental health. Fundamental ethical concerns include safeguarding patients’ rights and dignity and preventing the unwarranted deprivation of their autonomy (Harris & Howland, 2022).

When confronted with an autonomy-beneficence issue involving an adult patient, the nurse must strike a balance between the healthcare team’s obligation to safeguard the patient from injury and the patient’s autonomy to make decisions. In general, a person must pose a risk to themselves or others for this situation to be considered legal for adults, although the state’s civil commitment laws diverge. The laws that regulate involuntary hospitalization include the right to challenge the commitment in court, the necessity of mental evaluations, and judicial supervision. As part of the procedure, patients must be apprised of their rights, which include the opportunity to challenge the decision. Minors are subject to a more complex legal framework. Parental consent and the child’s best interest are essential legal factors, as well as similar concerns regarding safety and risk (Cook & McIntosh, 2021). Adolescents may possess a more sophisticated understanding of their rights and interests than younger children; therefore, ethical concerns for adolescents also encompass respecting their increasing autonomy.

The reviewed research underscores the significance of PMHNPs meticulously balancing their legal and ethical obligations to safeguard patients’ rights and safety. According to the literature, it is imperative to comprehend state-specific laws and regulations in order to make well-informed decisions regarding involuntary hospitalization and due process. I will immediately apply this knowledge to my clinical practice by analyzing and managing patients who are involuntarily hospitalized, while adhering to all relevant legal and ethical standards. Furthermore, my clinical practice will be influenced by the civil commitment statutes of my state, which will affect my perspectives on the role of law enforcement in these matters.