Ethic legalities
Ethics legalities
- Be clear about your role (therapist/researcher)
- Clients need to know boundaries. Must have backup plan if you are not available
- Document everything in detail. This was made clear to me during a discussion with a senior researcher in my placement who indicated that she had on numerous occasions been extricated from difficult situations because she meticulously documented all her transactions and processes. For example, the client has claimed they did not receive certain information from the researcher, but the researcher is able to produce emails where the information is included. In addition, thee emails were cc’ed to at least one other responsible person in the client’s organisation.
What is meant under privacy needs to be clarified
- Intrusion
- Confidentiality
Clarification needs to be given under what grounds disclosure can occur
- Consent or waiver
- Emergency or self-defence
- Necessity
- Legal order
Components of informed consent…
- Competence (person giving informed consent must be able to make rational decision)
- Information on processes/risks/benefits. Right to withdraw.
- Voluntariness
Contracting
- Fiduciary relationship = relationship of good faith (relationships of unequal power eg. Dr. and patient)
Elements of a contract
- Intention
- Consensus
- Capacity (shock, drugs, mental incompetence will affect capacity. Onus is on the person to prove incapacity who is accusing the other person of incapacity)
- Voluntariness – no undue influence or coercion. Unequal power research
- Performance must be possible
- Performance must be lawful and fair
- Formalities must be adhered to