Phillips- Legal and Ethical Issues

Legal & Ethical Issues for ADHD






Legal and Ethical Concerns

With ADHD being a well validated clinical diagnosis, it still remains a controversial disorder. With this being controversial, there is the continuing discussion of how the practice of ethical and legal are implemented within the clinical setting as far as diagnosis and treatment. Ethical and legal issues are important in determining how doctors should behave in offering a diagnosis or treatment that may generate strong and unpredictable reactions from children, their families, and other agencies (Foreman, 2006). Two areas that concern when it comes to the areas of ethical and legal concerns would be confidentiality and rights of consent. With confidentiality, the disclosure of information without consent may take place if there are concerns about child protection, lawbreaking, or harm to others, and there is also ‘‘catch-all’’ guidance that covers most situations where professionals need to communicate fort the good of the child (Foreman, 2006). There is also the consent of children that can be seen as chaotic when it comes to them having the choice to seek treatment. If there is a child who is 15 and recently diagnosed with ADHD, their parents may look into seeking treatment with the intention of getting help early as possible. That teen many not fully agree to treatment because of their own personal views of it but may not have that choice because they are not old enough to refuse treatment. This can be tricky because there is the ethical concern of autonomy being met for that individual, but the parents are looking to make a decision for their child's well-being. 



Spirit of the Law

Thee spirit of the law when it comes to the ethical principle of consent for example can be viewed in a negative light to some people because they feel that children who are older should have the choice to receive treatment or not for their disability. While that can be a viewpoint, the consent made from the parent's can come from a genuine place of making the best decision for their child because they fully understand the components of treatment. A child with ADHD may possibly not grasp onto the information that is presented to them by a doctor or nurse due to the aligning symptoms with ADHD such as inattentiveness. Depending on the severity of the symptoms presented, it may be best that the parents look at what is being offered from their point of view. There is also the overall respect for the parent's right that comes along with this law because their decision may come from their cultural background or something else. Psychologists are aware of and respect cultural, individual, and role differences, including those based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, and socioeconomic status and consider these factors when working with members of such groups (Behnke, 2009).





Impact on the Individual, Family, Friends and Society

If an individual with disability is not able to give full consent due to them not being of proper age, this can make them feel as they are not being heard and ignored. Not having that full choice of responsibility on what treatment they would like for themselves could possibly make them feel like they are stuck in a shell and not respected. If we were to flip it around to where an individual with ADHD who is of legal age such as 18 is able to give consent as to if they would like to seek treatment, there could be the impact of concerns brought from the family or friends. The family such as parents or siblings may want what's best for the individual with ADHD, and that may include getting proper treatment soon as possible. If that individual refuses treatment, the family may feel constant worry for that person when it comes to them going through life with their disability. Friends could possibly be impacted in this way as well because they may want the individual to seek treatment if available in order for them to live their best life without their symptoms constantly affecting them. This then can be applied to society, but people in society may feel that individuals with ADHD refusing treatment could be viewed as selfish because they are not taking the chance to get proper help and become "normal". This is not the best perception for society to have but, there are people who may have that perception and laws such as consent can impact them in a negative way, despite the approval for treatment pertaining to the individual themselves. 







References

Foreman, D. (2006, March). Attention deficit hyperactivity disorder: Legal and ethical aspects. Research Gate. Retrieved November 16, 2022, from https://www.researchgate.net/publication/7345230_Attention_deficit_hyperactivity_disorder_Legal_and_ethical_aspects

Behnke, S. (2009, June). Ethics rounds: Disability as an ethical issue. Monitor on Psychology. Retrieved November 16, 2022, from https://www.apa.org/monitor/2009/06/ethics




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