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The Covert Administration of Medications: Legal and Ethical Complexities for Health Care Professionals

Published online by Cambridge University Press:  01 January 2021

L. Martina Munden
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Abstract

The practice of covertly administering medications to patients without their consent is often discussed in the framework of legal questions around the right of patients to consent and refuse medical treatment. However, this practice also raises significant questions surrounding the professional duties and obligations of health care professionals as it relates to the decision-making process of whether to engage in the covert administration of medications. In this paper, I present an overview of the origin of those duties and obligations, and discuss how those duties and obligations when seen from different perspectives may either justify or prohibit the practice. Further, I discuss whether the duties and obligations of health care professionals as they are currently framed are suited to address the complexities of this issue both from the health care professional and patient perspectives. This analysis is conducted in the context of duties and obligations that arise from not only legal framework but also from the ethical requirements from professional codes of ethics.

Type
Symposium Articles
Information
Journal of Law, Medicine & Ethics , Volume 45 , Issue 2: Symposium – Covert Medication: Legal, Professional, and Ethical Considerations , Summer 2017 , pp. 182 - 192
Copyright
Copyright © American Society of Law, Medicine and Ethics 2017

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