decision capacity Flashcards

1
Q

decisional capacity

A

-Medical ethics and US legal codes strongly favor individual freedom of choice regarding any sort of risky procedure

-Test thought and communication
-you must ascertain to a reasonable degree of certainty that the individual is able to perform these cognitive tasks

-Mental status exam
-Attention; memory; reasoning; reality orientation; language

-Determine decisional capacity
-To verify, ask the patient to state the nature of the procedure, the reasons for the procedure, the alternatives, and the risks back to you in their own words

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2
Q

capacity define

A

ability to:
-take in information,
-understand its meaning and
-make an informed decision using the information
-Capacity allows us to function independently
-Capacity is not the same as competence

-Includes Mental Skills Used to Function in Everyday Life
-Memory
-Language
-Ability to use logic
-Ability to calculate
-Ability and “flexibility” to turn attention from 1 task to another
-Executive functions

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3
Q

giving consent

A

-Understand the nature of the procedure
-Understand reason(s) for doing procedure, or consequences of not doing it
-Understand the consequences of doing the procedure
-Understand the risks involved in the procedure
-Be informed of alternative management, if any
-Be able to express an opinion
-Be able to demonstrate a reasoning process in making the choice

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4
Q

evaluation

A

-Evaluate patients without meds
-Evaluate when fully awake
-Try multiple times
-Sit patient up
-Evaluate with family member present
-Maintain active communication with family
-Can prevent future misunderstandings about treatment

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5
Q

patient autonomy

A

-Patients have the right to control what happens to their bodies
-Make sure family members are aware of these decisions and your medical opinion about them
-Ultimately, you may remove yourself from the case

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6
Q

consent

A

-Clinician must always obtain informed consent, and be backed by a witness
-Always document consent in the patient’s medical record. Be as specific as possible.
-Power of Attorney; documented Legal guardian; Spouse; Children; Parents; Siblings; Other living relatives; Physician

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7
Q

competence vs decisional capacity

A

-Physicians/clinicians determine “decisional capacity;”
-Only a judge determines “competence,” which is a legal term.

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8
Q

practical considerations for determining pt capacity and consetn

A
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9
Q

recommendations

A

-Assess the patient’s level of understanding about the disease and expectations for the future
-Assess how much information the patient wants to know
-Remain involved with patient care during the early, middle, and late stages
-Initiate discussions about the availability of coordinated, symptom-directed services such as palliative care early in the disease process; -> Curative to palliative
-Avoid phrases that can lead to negative interpretations such as abandonment and failure

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10
Q

table 1

A

-Prioritize what you want to accomplish during the discussion
-Practice and prepare – conducive environment
-Assess patient understanding – customize discussions
-Determine patient preference -> The big picture vs. all the details
-Presenting the information – simple; repeat
-Provide emotional support; support services
-Options for the future

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11
Q

clinicians role

A

(1) to the patient: “Do you understand what is going to happen next? How are you and your family coping with this news?”;
(2) to the subspecialist: “What are the expected benefits and harms from this new treatment? How much benefit accrues to the patient?”;
(3) To the health care team: “What additional resources can we mobilize for the patient?”

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12
Q

pts point of view

A

-Assess patient’s desire and readiness to receive the prognosis -> 80% vs. 20%
-Focus on communicating the prognosis without giving false hope

-Hoping for the best, planning for the worst
-Worst case vs. best case scenario
-Ask whether the patient thinks that hope is realistic or probable

-Providing the patient with a full spectrum of treatment options [e.g. clinical trials]
-Sequential treatment options
-Help the patient create realistic, achievable goals and hope

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13
Q

discussing prognosis

A

-Discuss prognosis after accurate cancer staging
-Coordinate key prognosis messages
-Discuss the natural history of the disease
-Treatment and its adverse effects and outcomes
-Probable quality of life
-Expected five- to 10-year survival rates, with and without treatment
-Address patient fears

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14
Q

cultural diversity

A

-Be careful to avoid stereotyping patients based on their culture
-Culture of the family, religion and spirituality, education, occupation, social class, friends, and personal preferences
-Asking open-ended questions
-Conflicts may arise when pt. wants ‘medically futile’ Rx
-Respectfully listen to patients’ beliefs and values and by negotiating mutually acceptable goals

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15
Q
A
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16
Q

cultural and individual preferences

A

-Physician frankness (indirect or direct communication)
-Involvement of family members or preference for autonomy
-Decision making
-Advance care planning
-Social, educational, and family factors
-Religious and spiritual factors

17
Q

end of life issues

A

-Advance directives
-DNR
-DNI
-Living Will
-Palliative care
-Health care proxy
-Durable power of attorney

18
Q

advance directives living will

A

-Documentation of a person’s wishes about medical care
-Terminally ill, incapacitated, or unable to communicate or make decisions
-Protects the patient’s rights and removes the burden for making decisions from family, friends, and physicians

19
Q

life sustaining care

A

-DNR /”do not resuscitate“ -> CPR –yes or no
-Artificial hydration and nutrition
-Withholding of food and fluids
-Palliative care / Organ donation
-Use of life-sustaining equipment

20
Q

palliative care

A

-A decision not to receive “aggressive medical treatment” is not the same as withholding all medical care
-Primary focus is helping the patient remain as comfortable as possible
-Can still receive antibiotics, nutrition, pain medication, radiation therapy
-Patients can change their minds and ask to resume more aggressive treatment
-Changes in the type of treatment a patient wants to receive – stated in living will
-Signed & witnessed document –distributed to appropriate parties

21
Q

health care proxy

A

-A person appointed to make a patient’s medical decisions if the patient is unable to do so
-Patients should be sure to ask this person for agreement to act as their agent
-The proxy may have to exercise judgment in the event of a medical decision for which the patient’s wishes are not known

22
Q

MOLST

A
  1. Prepare for discussion * Understand patient’s health status, prognosis & ability to consent * Retrieve completed Advance Directives * Determine decision-maker & PHL legal requirements
    -2. Determine what the patient/family know
    -3. Explore goals, hopes and expectations
    -4. Suggest realistic goals
    -5. Respond empathetically
    -6. Use MOLST to guide choices & finalize patient wishes * Shared, informed medical decision-making and conflict resolution
    -7. Complete and sign MOLST * Follow PHL and document conversation
    -8. Review and revise periodically
23
Q

8 step MOLST protocol

A
  1. Prepare for discussion * Understand patient’s health status, prognosis & ability to consent * Retrieve completed Advance Directives * Determine decision-maker & PHL legal requirements
  2. Determine what the patient/family know
  3. Explore goals, hopes and expectations
  4. Suggest realistic goals
  5. Respond empathetically
  6. Use MOLST to guide choices & finalize patient wishes * Shared, informed medical decision-making and conflict resolution
  7. Complete and sign MOLST * Follow PHL and document conversation
  8. Review and revise periodically
24
Q

FHCDA

A

-Family Health Care Decisions Act
-Attending physician, NP, or PA must identify & notify a person from the class highest in priority who is reasonably available, willing, & competent to serve as a surrogate decision-maker
-Such person may designate any other person on the list to be surrogate, provided no one in a class higher in priority than the person designated objects

25
Q

FHCDA surrogate prioritized list

A
  1. Patient’s guardian authorized to decide about health care pursuant to Mental
  2. Hygiene Law Article 81
  3. Patient’s spouse, if not legally separated from the patient, or the domestic
  4. partner
  5. Patient’s son or daughter, age 18 or older
  6. Patient’s parent
  7. Patient’s brother or sister, age 18 or older
  8. Patient’s actively involved close friend, age 18 or older
26
Q

durable power of attorney

A

-A legal document that names a patient’s health care proxy
-It is signed, dated, witnessed, notarized, copied, distributed, and incorporated into the patient’s medical record

-For finances
-Separate legal document