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22 Cards in this Set

  • Front
  • Back
Five elements of informed consent
1. Adequate disclosure of information
2. Decisional capacity of the patient
3. Patient's comprehension of the information
4. Voluntariness (freedom from coercion)
5. Consent of the patient.
Four circumstances for which full informed consent is not necessary
1. Emergency privilege
2. Therapeutic privilege
3. Patient does not have decisional capacity
4. Waiver of rights
Two standards of disclosure most frequently applied by courts
1. Professional community standard
2. Reasonable patient standard
Three elements of decision making capacity
1. Ability to understand
2. Ability to evaluate
3. Ability to communicate
Emergency privilege entails:
- patient must be unconscious, without capacity to make a decision, w/o legally authorized person to act as agent
- Time of the essence, inaction risks bodily injury/death
- a reasonable person would consent
Therapeutic privilege entails:
- physician takes into account circumstances of patient
- physician believes full disclosure of information would adversely impact patient (rarely used)
Ability to understand entails:
- ability to comprehend information about diagnosis and treatment and identify issue at hand
- ability to appreciate the impact of disease and consequences
Ability to evaluate entails:
- ability to deliberate in accordance w/ one's own values
- ability to manipulate information rationally and compare risks and benefits
- ability to make choices that are not irrational and to give the reasons
- ability to maintain a consistent choice over time
Substituted judgment standard
- guideline used by surrogate if patient has expressed a preference before becoming incapacitated
- if surrogate knows patient's wishes, what patient would choose if able
Legal exceptions to confidentiality
- Testifying in court
- reporting communicable disease
- reporting child abuse, spose abuse, elder abuse
- Reporting gunshot or suspicious wounds resulting from suspected crime
- reporting for workers' compensation cases
types of advance directives
- living will statutory form
- power of attorney for healthcare (PAHC) statutory form
- nonstatutory forms
Authority for withdrawal of treatment in order of importance
1. Request of a decisional patient
2. Dictates of an advance directive
3. Judgment of guardian or healthcare agent appointed in an AD
4. Approval of relatives (spouse, adult children, parents, adult siblings -- in that order)
5. Approval of close friends who know patient's preferences
President's Commission 1982 opinion on distinction between withdrawing and withholding therapy
- no moral importance in distinction
- justification adequate for not commencing treatment sufficient for ceasing ineffective treatment
- a higher requirement for cessation might discourage potentially successful trials.
AMA policy on euthanasia
- incompatible with physician's role as healer
- difficult or impossible to control
- pose serious societal risks
- patients should not be abandoned
- may be practiced on vulnerable populations
Goals of medicine
1. Prevention of disease and untimely death
2. Cure of disease, when possible
3. Improvement or maintenance of functional status when cure is not possible
4. Palliation, pursuit of a peaceful death, comfort care in all situations
5. patient education and counseling
Case Method
Serious Decisions Make Good Proxies Nervous

- Stakeholder
- Decisional Authority
- Medical Indications
- Goals and Preferences
- Plan and Alternatives
- Norms
Terminal Sedation
- Deep sedation for terminally ill patients experiencing severe symptoms
- Dyspnea, Pain, Agitation, Vomiting
Futility
1. There is a goal
2. There is an action aimed at achieving the goal
3. There is virtual certainty that the action will fail
Medical Indications for writing a DNR
- CPR is Physiologically Futile (The patient can’t be resuscitated)
- QOL before CPR is unacceptably poor before treatment
- QOL after CPR is anticipated to be unacceptably poor
- CPR is overly burdensome to patient
Grounds for refusal of an unreasonable request
1. outside the scope of good medicine/lack of objective evidence
2. requires doctor to act illegally
3. requires doctor to violate personal and professional standards of responsible medical practice
4. treatment cannot be anticipated to produce any beneficial result
Brain death
1. Profound coma -- eyes-closed unconsciousness
2. No eye movement; no pupillary response
3. No corneal reflexes
4. No cough or gag reflex; no motor response to pain
5. No spontaneous respiratory attempts off the ventilator
persistent vegetative state
1. Sleep-like coma -- days to weeks, then eyes open; sleep-wake cycles begin
2. Eyes-open unconsciousness, random eye movements, no focus or follow
3. Unintelligible grunts, screams; grimacing and chewing w/o purpose; uncoordinated swallowing
4. many reflexes present (corneal, cough, gag, startle)
5. gross involuntary reflexive movement w/o purpose.

- after 3 months, recovery virtually nil.