Day 3.2 Behavioral Science- Ethics Flashcards
Autonomy
Respect pts as individuals, honor their preferences in care
Beneficence
Act in pt’s best interest. If it conflicts with autonomy, pt decides
Non-maleficence
Do no harm. (But if benefits outweigh risks- surgery- pt can mk decision to proceed)
Justice
Treat pts fairly
Informed consent- legal requirements
- discussion of risks, benefits, alternatives (incl no treatment)
- pt’s agreement to plan of care (signed document)
- freedom from coercion
Exceptions to informed consent (4)
- pt lacks decision-making capacity (use substituted judgement- what pt would have wanted) or is legally incompetent (minor)
- emergency = implied consent
- therapeutic privledge - withholding info if telling would severely harm pt or undermine informed decision-making capacity)
- waiver- pt waives right of informed consent
Consent for minors
parental consent must be obtained unless minor is emancipated (married, self-supporting, has kids, in military)
What counts as “has decision-making capacity” for a pt?
- pt makes and communicates choice
- pt is informed (risks, benefits, alternatives)
- decision remains stable over time
- decision is consistent with values and goals
- decision is not a result of delusions or hallucinations.
Note: pt’s fam cannot require that a doctor withhold info from pt (unless it’s a kid)
Oral advance directive
pt’s prior oral statements used as a guide.
problem with variance in interpretation
more valid if pt was informed, directive is specific, pt md a choice, decision was repeated over time, it was recent, and multiple ppl can validate what was said.
Written advance directive- what are the two types?
living will
durable power of attorney
Living will
What to do if pt is incapacitiated
Usu says to withhold/withdraw life support if pt has terminal dz or is in persistent vegetative state
Durable power of attorney
Pt designates surrogate to make medical decisions if pt loses capacity. Can also specify decisions in clinical situations. Surrogate retains power unless revoked by pt. More flexible than living will.
Exceptions to confidentiality
- potential harm to others
- high likelihood of harm to self
- no other means to warn/protect those at risk
- physicians can take steps to prevent harm
ex of exceptions to confidentiality
Infectious dz- docs have duty to warn public health officials and identifiable ppl at risk
child or elder abuse (even suspicion must be reported)
impaired automobile drivers
suicidal/homicidal pts- can hold them involuntarily
Tarasoff decision
Law requiring docs to directly inform and protect potential victim from harm; can breach confidentiality.
Malpractice
Civil suit under negligence requires 4 D’s:
1. Duty- doc had a duty to the pt
2. Derelection- doc breached the duty
3. Damage- pt suffered harm
4. Direct- the breach of duty is what caused the harm.
Burden of proof in a malpractice suit is “more likely than not”- so only 51%
Most common factor leading to litigation is poor communication.
Non-compliant pt
work to improve doc-pt relationship
educate
Pt has difficulty taking meds
give written instructions, try to simplify treatment regimen
Fam asks for info abt pt pgx
Can’t tell them without pt permission. Pt right to confidentiality.
17yo requests abortion
Needs parental notification/consent.
Consent NOT req’d for emergency abortion, treating STDs, medical care during pregnancy, mgmt of drug addiction
Terminally ill pt req’s end his life
Refuse doc-assisted suicide.
Can prescribe medically-appropriate analgesics that “coincidentally” shorten pt’s life
Pt finds you attractive
Ask direct closed-ended q’s
Use chaperone if necessary
NEVER have relationship w pt.
Don’t say “there can be no relationship while you’re a pt”- implies relationship is possible.
Pt refuses necessary procedure
or Pt wants unnec procedure
Find out why pt wants/doesn’t the procedure.
Address underlying concerns
Avoid unnec procedures
Pt angry abt wait time
Apologize
Don’t explain delay
Pt is upset by how other doc treated him
Suggest pt speak to that doc directly.
If problem is w office staff, tell pt you will speak to that person. (But not to other docs)
Kid wants to know more abt illness
Ask what parents have already told him.
Parents decide how much kid gets to know.
Pt continues to smoke, thinks it’s good for him
Ask how pt feels
Give advice on cessation if pt wants to make an effort to quit
Minor wants condoms
Provide counsel and condoms
Don’t need parental consent
Drug company offers referral fee for pts enrolled in a study
Doc can not receive compensation for enrolling pts.
Also can’t receive compensation for referrals to specialists, MRI providers, etc
Prego 15yo wants to keep baby, her parents want to put it up for adoption
15yo decides. Provide info, discuss options, encourage discussion bt pt and parents.
Even tho she’s a minor she gets to make decisions for her child.
Pt is suicidal
Assess seriousness of threat. If serious, suggest pt remains in hosp voluntarily, if not can keep him involuntarily.
Woman w mastectomy feels ugly
Ask why
Do NOT offer reassuring statements- not your job.
Exceptions to parental consent for minors
Dz req’d by law to treat- STD (gonorrhea), TB
Minor is prego and need care (everything except abortion)
Treatment for drug addiction/dependency
Birth control prescriptions
Emergency where consent can’t be obtained