Chapter 8 - Consent to Treatment Flashcards
advance directive
A legal document that states a person’s wishes about receiving medical care if that person is no longer able to make medical decisions because of a serious illness or injury.
age of majority
The threshold of adulthood as recognized or declared in law. It is the moment when minors cease to be considered minors and assume legal control over their persons, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them.
agent (law)
A person who has been legally empowered to act on behalf of another person or an entity
durable power of attorney (DPOA)
A Durable Power of Attorney may be the most important of all legal documents. This legal document gives another person the right to do certain things for the maker of the Durable Power of Attorney. What those things are depends upon what the Durable Power of Attorney says. A person giving a Durable Power of Attorney can make it very broad or can limit the Durable Power of Attorney to certain acts. A Durable Power of Attorney is valid even when the person creating it becomes incapacitated.
express consent
A clear and direct statement of agreement. If you have ever participated in a research study, you have probably given your express consent for your information to be used by researchers. When you sign paperwork for a dental cleaning, it probably includes an express consent to that type of treatment.
Federal Policy for the Protection of Human Subjects
a law that protects the rights and welfare of human beings who participate in research as the subjects of that research
general consent form
documentation of an agreement from an individual or the individual’s representative to receive physical health services to address the individual’s medical condition or behavioral health services to address the individual’s behavioral health issues
implied consent
Consent which is not expressly granted by a person, but rather implicitly granted by a person’s actions and the facts and circumstances of a particular situation (or in some cases, by a person’s silence or inaction). For example, if a person is unconscious as a result of injuries sustained during a traffic collision, medical treatment may be provided to that person, despite the unconscious person being unable to expressly grant consent for that treatment.
informed consent
A detailed process for getting permission before conducting a healthcare intervention on a person, for conducting some form of research on a person, or for disclosing a person’s information. The following are the required elements for documentation of the informed consent discussion: (1) the nature of the procedure, (2) the risks and benefits and the procedure, (3) reasonable alternatives, (4) risks and benefits of alternatives, and (5) assessment of the patient’s understanding of elements 1 through 4.
institutional review board (IRB)
an administrative body established to protect the rights and welfare of human research subjects recruited to participate in research activities conducted under the auspices of the institution with which it is affiliated
living will
a legal document that specifies the type of medical care that an individual does or does not want in the event they are unable to communicate their wishes
long form
longer than usual and dealing with subject in depth
National Research Act of 1974
a federal law responsible for creating the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research
non compos mentis
Latin for “not of sound mind”
Patient Self-Determination Act (PSDA)
a federal law that works to ensure that a patient’s right to self-determination in health care decisions be communicated and protected
power of attorney (POA)
a legal document giving one person (the agent or attorney-in-fact) the power to act for another person (the principal); its authority ends when a person is incapacitated, unlike the DURABLE power of attorney
therapeutic privilege
an uncommon situation whereby a physician may be excused from revealing information to a patient when disclosing it would pose a serious psychological threat, so serious a threat as to be medically contraindicated
Uniform Anatomical Gift Act (UAGA)
a law that creates a regulatory framework for the donation of organs, tissues, and other human body parts in the US
indemnify (verb)
(1) to secure against hurt, loss, or damage
(2) to make compensation to for incurred hurt, loss, or damage
auspice(s)
(1) kindly patronage and guidance
(2) a prophetic sign
(3) observation by an augur especially of the flight and feeding of birds to discover omens
augur
(1) an official diviner of ancient Rome
(2) one held to foretell events by omens
divination
the art or practice that seeks to foresee or foretell future events or discover hidden knowledge usually by the interpretation of omens or by the aid of supernatural powers; one who practices divination is a diviner
contraindication
a condition that serves as a reason not to take a certain medical treatment due to the harm that it would cause the patient
indication
a valid reason to use a certain test, medication, procedure, or surgery
omnibus
(1) a usually automotive public vehicle designed to carry a large number of passengers
(2) a book containing reprints of a number of works (as of a single author or on a single subject)
springing power of attorney (springing POA)
a durable power of attorney that is only enforced when the creator is incapacitated
decedent
a legal term used by professionals in the tax, estate planning, and law fields for a deceased person
guardian ad litem
a guardian that a court appoints to watch after someone during a case
persistent vegetative state
also called post-coma unresponsiveness; a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. After four weeks in a vegetative state (VS), the patient is classified as in a persistent vegetative state. This diagnosis is classified as a permanent vegetative state some months (three in the US and six in the UK) after a non-traumatic brain injury or one year after a traumatic injury. The term “unresponsive wakefulness syndrome” is alternatively used, as “vegetative state” has some negative connotations among the public.
materiality
quantitative and qualitative omissions or misstatements that make it probable the judgement of a reasonable person would have been changed or influenced
lucidity
(1) clearness of thought or style
2) a presumed capacity to perceive the truth directly and instantaneously (i.e. clairvoyance
rotator cuff
a group of muscles and tendons that surround the shoulder joint, keeping the head of your upper arm bone firmly within the shallow socket of the shoulder
capacity
a measure of the individual’s mental competence
waiver
the act of intentionally relinquishing or abandoning a known right, claim, or privilege
tubal ligation
An operation to tie the fallopian tubes closed. This procedure prevents pregnancy by blocking the passage of eggs from the ovaries to the uterus.
intervention (medical)
a treatment, procedure, or other action taken to prevent or treat disease, or improve health in other ways
competent adult
an individual who is mentally capable and is at or above the age of majority
incompetent adult
an individual who is at or above the age of majority but is incapacitated due to illness or injury, either permanently or temporarily
terminal lucidity
an unexpected return of mental clarity and memory, or suddenly regained consciousness that occurs in the time shortly before death in patients
durable power of attorney for healthcare decisions (DPOA-HCD)
a durable power of attorney written specifically for healthcare decisions
do not resuscitate (DNR) order
a specific type of advance directive in which an individual states that healthcare providers should not perform CPR if the individual experiences cardiac arrest or cessation of breathing
fallopian tubes
One of two long, slender tubes that connect the ovaries to the uterus. Eggs pass from the ovaries, through the fallopian tubes, to the uterus.
clairvoyance
(1) the power or faculty of discerning objects not present to the senses
(2) ability to perceive matters beyond the range of ordinary perception
short form vs long form
human subjects research context
Both are written consent forms.
Both follow the requirements of the Common Rule.
Both can be used for either medical research or medical interventions.
The short form is a simpler, shorter consent form usually dealing with consent for medical interventions or medical research that are less risky, invasive, or experimental.
The long form is a longer, more complex consent form that deals with high risk medical interventions or medical research.
Common Rule
a 1981 rule of ethics in the United States regarding biomedical and behavioral research involving human subjects
