The unlawful restraint of a patient can be a legal pitfall for the PMHNP.

by | Mar 8, 2023 | Business Law

 

The unlawful restraint of a patient can be a legal pitfall for the PMHNP. K.W. was found eating hamburgers out of a Mcdonald’s dumpster and drinking water from an old water hose. She had not taken a bath in weeks. She refused to live in an apartment because she wants to “live off the fat of the land.”

Cite the Baker Act law to defend your position.
Find one newspaper article written in the last 5 years that supports your position. Summarize the details of the case and the laws cited

Sample solution

Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell. 

In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.


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God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.

Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.

To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.

 

References

Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.

Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.

Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.

Sample Solution

The unlawful restraint of a patient is a legal pitfall for the PMHNP and violates the Baker Act. The Baker Act (Florida Mental Health Act)states that “persons admitted to mental health treatment facilities must be given certain rights, including freedom from restraint, freedom from seclusion, and access to visitors” (Ruggiero & Roberts, 2020). It also states that unless there are clear and convincing reasons why it is necessary, no person can be subjected to physical or chemical restraints without their consent except in cases of emergency. Furthermore, it specifically prohibits the use of restraints as punishment or coercion.

Sample Solution

The unlawful restraint of a patient is a legal pitfall for the PMHNP and violates the Baker Act. The Baker Act (Florida Mental Health Act)states that “persons admitted to mental health treatment facilities must be given certain rights, including freedom from restraint, freedom from seclusion, and access to visitors” (Ruggiero & Roberts, 2020). It also states that unless there are clear and convincing reasons why it is necessary, no person can be subjected to physical or chemical restraints without their consent except in cases of emergency. Furthermore, it specifically prohibits the use of restraints as punishment or coercion.

In a recent case reported by NBC Miami in April 2019 were two nurses restrained an elderly woman with dementia against her will using straps attached to an adjustable bed frame. In this particular case, state attorneys argued that the nurses had violated their professional duties as well as federal laws concerning abuse or neglect of patients in nursing homes. They cited both Florida Statute 393 and Sections 464B-1 through 464B-9 which outlines regulations concerning the protection of residents in assisted living facilities with regard to safety from mistreatment or exploitation and from being subject to involuntary confinement (NBC Miami, 2019). These statutes clearly demonstrate that any form of involuntary confinement can be seen as unlawful restraint which has serious consequences for those accused.

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