Ethics Flashcards

Page 376 - Page 479

1
Q

Sue, an 18 year old girl, presents to your clinic with lower abdominal pain and fishy-smelling vaginal discharge for the past three days. You are a male doctor and a female nurse is on duty at the clinic. You mention to the patient that she needs a vaginal examination, but she declines to be examined by you and says that she wants a female doctor to examine her. Which one of the following is the most appropriate action in this situation?

A. Call her boyfriend to be present while you are examining her.
B. Treat the patient without vaginal examination.
C. Convince the patient that female chaperon will be present during the examination.
D. Defer the examination and inform the patient about the associated risks of not doing the examination.
E. Ask the nurse to perform the vaginal examination.

A

D. Defer the examination and inform the patient about the associated risks of not doing the examination.

Informed consent is required before an intimate examination is carried out on a patient. Intimate examinations include examination of the breasts, genitalia and anus/rectum. Patients have a right to decline examination as long as the decision is informed.
This patient does not want to be examined by a male doctor; therefore, her wish should be respected, and the examination is deferred, but she must also be informed about how delayed treatment might affect her health and alter the course of treatment.

Patients may ask for the presence of a chaperon, but it is not the patient’s concern here. The chaperon or a female nurse can be present during the examination, but they cannot do the examination on your behalf. The patient is unwilling to be examined by a physician of opposite sex and presence of a female nurse or chaperon does not fulfill her wish. A patient may ask for a particular chaperon to be present or a particular health practitioner (maybe gender- based) to undertake the examination. Such requests are complied with where possible.

While the patient is uncomfortable with being examined by a male doctor, presence of his boyfriend (option A) or a nurse or chaperon (option C) is incorrect. She does not want you to perform the examination; so, her wish should be respected and any attempt to convince her otherwise is avoided.

Option B: Treating without appropriate investigation and just based on a speculated diagnosis is not an acceptable option.

Option E: A nurse cannot perform the examination on your behalf as it is your responsibility to treat her based on your own direct findings during the exam.

NOTE - It is wise to have a chaperon, nurse, or observer of the same sex in general present when performing intimate examination, particularly when examining a patient of the opposite sex. If the patient refuses another health practitioner to be present during the examination, this should be documented. Having a staff member within your hearing is an advisable practice as a protective measure against possible accusations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

A 42-year-old woman comes to your clinic complaining of headache and asking for a sick leave certificate. She has separated two years ago and currently lives with her two children Sarah and Beth, 7 and 4 years old respectively. She admits to smoking cigarettes and using alcohol on a regular basis. During the examination, she looks depressed. More probing causes her to break in tears and confess that she cannot resist gambling. She has lost all of her money and cannot provide care for her children anymore. Which one of the following would be the most appropriate next step in management?

A. Refer her to specialist gambling treatment bodies (e.g., gamblers anonymous).
B. Inform the Child Protection Service.
C. Arrange for financial support.
D. Arrange for cognitive behavior therapy.
E. Perform motivational interview.

A

B. Inform the Child Protection Service.

This patient has features of problem gambling requiring help and support, but the main issue and the most important step would be the two little children she has back at home. Pathological gambling is not normally associated with violence against children; rather the abuse tends to exist in the form of ‘neglect’.

This woman’s problematic behavior has posed her children at risk; therefore, the next step in management would be protecting the children from the harm threatening them by informing child protection authorities.

Option A and E: Once the children’s safety is ensured, attention should be turned to the patient. Motivational interview would be the most important initial step, followed by referral to specialist gambling treatment agencies if the patient is willing or has persuaded so.

Option C: Options suggesting ‘arranging for financial support, local funding-for-poor programs, etc.’ are incorrect because such measures, if necessary, will be taken by authorized agencies after the patient has been referred to them.

Option D: Cognitive behavioral therapy or other methods such as cognitive therapy or brief interventions can be applied when felt necessary.

RACGP - AFP - Problem gambling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

A mother brings her 18-year-old mentally retarded daughter at eight weeks pregnancy. The mother requests abortion for her daughter as she is unable to look after herself. The patient does not want an abortion. Which one of the following is the most appropriate action to take?

A. Perform medical abortion as it is close to nine weeks; otherwise she will require surgical abortion.
B. Do not perform abortion as the patient did not consent.
C. Refer the matter to Family Court.
D. Get consent from the local council.
E. Discuss the matter with the father of the girl in a week.

A

C. Refer the matter to Family Court.

Because of mental retardation, this patient does not have capacity to make decisions and give consent. Although the mother can give consent on her behalf, but there are particular procedures for which no relative, no matter how close, can give consent on the patient’s behalf and the case must be referred to either the Supreme Court or the Family Court. In Australia, these two courts can exercise their role as the supreme parents of children.

An application to the court should be considered in situations so serious that neither the incompetent young person, nor the parents or guardian can give valid consent to. These situations are as follow:
* The procedure is very high risk (for example, separating conjoined twins).
* There may be life-changing effects such as in:
Sterilization of mentally disabled young persons
Abortions
Removal of life support
Removal of organs for transplants
Gender re-assignment
* Bone marrow harvest
* There is a strong objection from a dissenting parent
* A child with capacity to make decisions is refusing healthcare and there is significant risk of harm in them doing so
* The procedure involves invasive, irreversible (oophorectomy) or major surgery. Life-saving emergency surgeries are exceptions

NOTE - Abortion in individuals who are incompetent due to mental disability should be consented to by the Supreme Court or the Family court. Neither the patient, nor the carer consent is not valid for this procedure.

Option A: Performing the abortion without a court order is illegal and inappropriate.

Option B: The refusal of an incompetent patient does not eliminate the need for further action while the carer’s concerns have not been addressed yet.

Option D: Local councils are not authorized to make decision on this issue. As mentioned earlier, the decision is in the power of the Supreme Court or Family Court.

Option E: Like the mother, the father of the child is not authorized to make decisions in this regard.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

A 34-year-old man is brought to the Emergency Department with fever, headache and a change in mental status leading to significant disorientation. A head CT scan is obtained which is normal. Based on the diagnosis of meningitis, he is planned to be started on intravenous antibiotics after a lumbar puncture is performed. The patient is agitated and is fighting with anyone who tries to get near him. Some of his friends from work accompany him. Every time an LP is about to be attempted, the patient pushes away the LP needle. Which one of the following would be the most appropriate action to take in this situation?

A. Sedate the patient and perform the LP.
B. Wait for his relatives to arrive for consent.
C. Use blood cultures as an alternative.
D. Arrange for a brain MRI.
E. Ask his co-workers to sign the consent form.

A

A. Sedate the patient and perform the LP.

The scenario describes a patient who is unable to give either an informed consent or informed refusal to the procedure. He does not have the capacity to understand his medical condition and the consequences of deferring the LP or antibiotics. On the other hand, there is no valid substitute decision maker (proxy) or family member to make decisions on the patient’s behalf. Under such circumstances, when there is an urgent life-threatening or even severely painful medical condition and the patient is not competent to give consent to or refuse the treatment and there is no substitute decision maker or family member, the patient’s best interest will guide the management.

Since performing an LP followed by intravenous antibiotics is the most important and essential step in management of suspected meningitis, which is potentially life-threatening, the patient should be sedated, and undergo LP.

Option B: Waiting for the relatives to arrive for consent before starting the treatment is not appropriate as untreated meningitis carries significant risk of morbidity and mortality.

Option C and D: MRI or blood culture is not accurate for diagnosis and guidance of further treatment of meningitis.

Option E: Co-workers are not qualified to consent on the patient’s behalf.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

An Indigenous woman brings her four-month-old boy for vaccination. During the interview, she does not make any eye contacts and avoids conversations. When you ask her to hold the child for you, so that you can inject the vaccine she denies. Which one of the following would be the most appropriate management?

A. Send a nurse for a home visit.
B. Check her behavior in the next visit.
C. Ask one of her family members to accompany her in the next visit.
D. Call the Child Protection Service.
E. Involve her in a parental program.

A

C. Ask one of her family members to accompany her in the next visit.

In visiting indigenous patients, cultural differences should always be borne in mind. These differences sometimes are a significant barrier in establishing appropriate communication and rapport with the patient.

In some cultures, any relationship between people of opposite sex is considered a taboo and unethical. In some cases, outsiders cannot easily be trusted, and therefore it is recommended that an Aboriginal health worker be involved when assistance is required with a cultural issue. Here, there are some pointers towards the failure in communication between the doctor and the patient. Firstly, she avoids eye contact. Second, she is reluctant to converse and finally she refuses to hold the child for vaccination because when you get close to the baby you may get close to her and, by this, breach her circle of safety.

In situations like this, the best step can be involvement of another family member in next visits to make the patient feel more comfortable.

Thus far, no concern regarding child abuse or neglect has risen, because the mother has brought her child for vaccination and this indicates that the mother cares about the baby and his safety. For this reason, calling the child protection authorities or sending a nurse for a home visit would not be necessary.

The patient’s behavior is not likely to change in the next visit if no active measures are taken.

A summary of communication tips for dealing with indigenous people are as follow:
* Do not assume English is a first language, particularly in remote areas.
* Do not assume a nod means understanding and/or agreement to treatment.
* Check hearing because it might have been impaired due to chronic ear infection.
* Appreciate the different family network, particularly the tendency of grandmothers and aunts to care for children.
* Do not assume a broken appointment means the patient will not return for treatment. Often family and cultural duties take precedence.
* Be aware of cultural sensitivities.
* Do not touch a patient, particularly of the opposite sex, without seeking permission and explaining what you are doing.
* Be aware that patients may not be comfortable with direct questions about their family and health.
* Do not be too stern or authoritative during a consultation.
* Ensure receptionists and other staff understand the cultural sensitivities of Indigenous patients.
* Be accepting, respecting and non-judgmental.

Murtagh’s General Practice – 5th Edition – page 1400

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

A 73-year-old woman has a living will clearly mentioning that she does not wish to be admitted if she is terminally ill. Today, she is brought to the Emergency Department after she sustained a fall at home and had a femoral neck fracture. In the emergency department, she becomes drowsy after a morphine shot is given to her for pain control. Regarding her will, which one of the following would be the next best step in management?

A. Arrange for transferring to the operating room for surgical fixation of the fracture.
B. Arrange a family meeting.
C. Admit her.
D. Refer her for palliative care.
E. Check the validity of her will.

A

C. Admit her.

C. Admit her.

Patient Autonomy:
- Individuals have the right to make decisions about their own bodies if they are competent.
- If a patient is not competent, their previous instructions (like a living will) guide treatment decisions.

Scenario Details:
- The patient has a living will stating she should not be admitted if terminally ill.
- She has a femoral neck fracture and is drowsy due to opiates, which is a reversible condition.

Key Points:
- The patient’s current condition (femoral neck fracture and opiate overdose) is not a terminal illness.
- Because her condition is treatable, she should be admitted for treatment.
- After treating the opiate overdose, her fracture can be addressed, and future care plans can be discussed with her.

Conclusion:
- Admit her for treatment, as her living will does not apply to her current, non-terminal condition.

Based on the concept of autonomy, every individual has every right over their body if they are competent or capacitated. In circumstances where the patient lacks competence to decide, a previous instruction by him/her such as a valid living will or advance directives will guide the treating team as to treatment.

This patient has a living will that she should not be admitted if she is terminally ill. Her decision then should be respected and acted upon if such circumstance arises, but as neither femoral neck fracture nor a completely reversible adverse effect of opiates (drowsiness) is concordant with definition of a terminal illness, she should be admitted for treatment of opiate overdose and reversal of the current condition. Once she is out of this state, further management plan including fixation of her fracture by surgery or other measures can be discussed with her.

Australian Medicolegal Handbook - Elsevier– pages 134-148

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

A 26-year-old immigrant man stole a car and while on the run he hits a woman on the road. Eventually, he ended up hitting the guardrail in a highway and injuring himself. He is in the hospital now and behaves aggressively and rude. He requires orthopedic attention and care. While in the ward, he insists to smoke a cigarette but smoking is not allowed in the ward. He warns you, as his treating doctor, that he will sue you because he knows many influential people and will make you lose your job. Which one of the following is the most appropriate action in this situation?

A. Discharge him because he is not cooperative.
B. Contact immigration authorities to take over for legal proceeding.
C. Tell him that you can only give him nicotine gum or patch.
D. Call the police to arrest him and take over.
E. Take him to a safe place and let him smoke under supervision.

A

E. Take him to a safe place and let him smoke under supervision.

In mental health setting, cigarettes have been used as a patient management tool by staff, mediating exchanges and relationships between staff and patients and between patients. Examples include using control over supply of cigarettes to patients to comply with requests such as taking medications, getting dressed, agreeing to speak to the treating doctor, etc. Although it has been a place of debate if implementation of non-smoking policies in psychiatric wards is of benefit, it is still in practice.

In this situation though (emergency setting) where a severely agitated and disturbed patient is approached, allowing him to smoke may help in de-escalation of the patient without unnecessary coercive treatments. A common practice in Australia, when such a situation arises, is to allow the patient to smoke under appropriate supervision and in place that the risk of others being exposed to cigarette smoke is nil or at least minimum.

Discharging an uncooperative agitated patient not only is inconsistent with the duty of care, but it also may pose the patient and others at significant risk; therefore, not an appropriate action.

Discharging the patient (option A) or surrendering him while he is in need of medical care both for his psychiatric and orthopedic problems to the immigration office (option B) or the police (option D) is not appropriate. The police can deal with the patient, if necessary, after adequate care has been taken medically.

Nicotine gums and patches (option C) may be helpful in reduction of agitation in patients who are quitting smoking, but unlikely to satisfy this patient.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

You are the on-call psychiatrist on a night shift when you are informed by the nurse of the psychiatry ward that a 48- year-old lady with severe depression has refused to eat or drink for the past two days. She believes she does not have bowels. She was brought to the hospital by her son. On examination, she is severely dehydrated, but refuses to receive any oral intake. Electroconvulsive therapy (ECT) is considered for her by you as an authorized psychiatrist for ECT, but she refuses to give consent to the procedure. Which one of the following is the most appropriate next step in her management?

A. Take consent for ECT from her son.
B. Take consent from the Mental Health Tribunal.
C. Take consent from hospital administrator.
D. Treat her with ECT without consent under duty of care.
E. Give her nasogastric feeding and anti-depressants.

A

D. Treat her with ECT without consent under duty of care.

ECT is widely used as a treatment option. In Australia, the most frequent indication for ECT has been major depression, especially if associated with psychotic features (such as in this patient). Regulations regarding when to use ECT and how to obtain consent vary from state to state.

For voluntary patients who have adequate capacity to make decisions for themselves, ECT can be administered by authorized physicians if:
* The procedure and techniques have been fully explained to the patient
* All associated discomforts and potential adverse effects have been explained to the patient
* Alternative treatments (if available) has been explained to the patient
* The patient has been offered to ask any question regarding the procedure
* The patient is aware of his/her right to withdraw consent and discontinue the procedure at any given time
* The patient has been noted that she/she can have legal and medical advice before giving consent

NOTE - Consent to ECT should be in writing.

For involuntary ECT, consent process and authorization varies in different states. ECT is different from other procedures in terms of substitute decision making processes. In South Australia, for example, ECT should be authorized by the Guardianship Board; however, should emergency arise, ECT can be given without applying the case to the Guardianship Board. In the Australian Capital Territory and New South Wales, Mental Health Tribunal is the authorized body for approval of ECT on involuntary patients.

Despite differences among different Australian states (and for the exam purposes) the following rules Produced by Australian Health Ministers Advisory Council (AHMAC) can be applied in general:

The Tribunal may approve the performance of electro-convulsive therapy upon a person who is an involuntary patient, a forensic patient, a patient under supervision or is subject to a community treatment order but it must not give its approval unless satisfied that:
* The person is not capable of giving informed consent
AND
* Two medical practitioners (at least one a psychiatrist) have formed the opinion after considering the person’s clinical condition, history of treatment and any appropriate alternative treatments that electro-convulsive therapy is reasonable and a proper treatment to administer for a the person and that without that treatment the person is likely to suffer serious mental or physical deterioration.

Electro-convulsive therapy in life saving emergencies:
The authorized psychiatrist may authorize the performance of electro-convulsive therapy upon a person who is an involuntary patient, a person under supervision or a forensic patient without having obtained the approval of a tribunal if the authorized psychiatrist has the opinion that electroconvulsive therapy is necessary to save life of a person or to prevent the person from suffering irreparable harm.

The authorized psychiatrist must report electroconvulsive therapy to the tribunal after it is performed.

In simple words, involuntary patients in an emergency condition, where delay can lead to serious harm to them or others, are treated with ECT by an authorized psychiatrist without any need for approval from Mental Health Tribunal, Guardianship Board, etc.

Where the situation is not likely to result in serious harm to the patient or others, the decision as to whether ECT is performed as involuntary treatment should come from authorities.

This patient is suffering from severe dehydrated that can be life threatening or at least pose substantial risk to her health; therefore, she is in an emergency. Under this circumstancees, ECT should be proceeded with without consent and under the duty of care as per the above.

Again, it is of paramount importance that physicians seek advice regarding the state legislations in practice.

Reference
* SA Health Department - Electroconvulsive Therapy Policy Guideline
* Queensland Health Department - The Administration of Electroconvulsive Therapy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

A 52-year-old woman is involuntarily admitted to the psychiatric ward due to major depression with psychotic features. She refuses to take anything by mouth including her medications because she believes that she will die if she eats. Electroconvulsive therapy (ECT) has been decided for her as a life-saving measure and explained to her but she refuses to consent to this treatment. She is clinically stable for now. Which one of the following is the next best step in her management?

A. Take consent from the Mental Health Tribunal.
B. Give ECT without consent under duty of care.
C. Obtain consent from her husband.
D. Give her nasogastric feeding and anti-depressants.
E. Obtain consent from the hospital administrator.

A

A. Take consent from the Mental Health Tribunal.

ECT is widely used as a treatment option. In Australia, the most frequent indication for ECT has been major depression, especially if associated with psychotic features (such as in this patient). Regulations regarding when to use ECT and how to obtain consent vary from state to state.

For voluntary patients who have adequate capacity to make decisions for themselves, ECT can be administered by authorized physicians if:
* The procedure and techniques have been fully explained to the patient
* All associated discomforts and potential adverse effects have been explained to the patient
* Alternative treatments (if available) has been explained to the patient
* The patient has been offered to ask any question regarding the procedure
* The patient is aware of his/her right to withdraw consent and discontinue the procedure at any given time
* The patient has been noted that she/she can have legal and medical advice before giving consent

NOTE - Consent to ECT should be in writing.

For involuntary ECT, consent process and authorization varies in different states. ECT is different from other procedures in terms of substitute decision making processes. In South Australia, for example, ECT should be authorized by the Guardianship Board; however, should emergency arise, ECT can be given without applying the case to the Guardianship Board. In the Australian Capital Territory and New South Wales, Mental Health Tribunal is the authorized body for approval of ECT on involuntary patients.

Despite differences among different Australian states (and for the exam purposes) the following rules Produced by Australian Health Ministers Advisory Council (AHMAC) can be applied in general:

The Tribunal may approve the performance of electro-convulsive therapy upon a person who is an involuntary patient, a forensic patient, a patient under supervision or is subject to a community treatment order but it must not give its approval unless satisfied that:
* The person is not capable of giving informed consent
AND
* Two medical practitioners (at least one a psychiatrist) have formed the opinion after considering the person’s clinical condition, history of treatment and any appropriate alternative treatments that electro-convulsive therapy is reasonable and a proper treatment to administer for a the person and that without that treatment the person is likely to suffer serious mental or physical deterioration.

Electro-convulsive therapy in life saving emergencies:
The authorized psychiatrist may authorize the performance of electro-convulsive therapy upon a person who is an involuntary patient, a person under supervision or a forensic patient without having obtained the approval of a tribunal if the authorized psychiatrist has the opinion that electroconvulsive therapy is necessary to save life of a person or to prevent the person from suffering irreparable harm.

The authorized psychiatrist must report electroconvulsive therapy to the tribunal after it is performed.

In simple words, involuntary patients in an emergency condition, where delay can lead to serious harm to them or others, are treated with ECT by an authorized psychiatrist without any need for approval from Mental Health Tribunal, Guardianship Board, etc.

Where the situation is not likely to result in serious harm to the patient or others, the decision as to whether ECT is performed as involuntary treatment should come from authorities.

Impaired judgment and false bizarre beliefs of this patient, along with the major depression is indicative of major depression with psychotic features, which is one of the most common and well-known indications for ECT as a highly effective treatment. This patient, who clearly lacks decision-making capacity, is subject to involuntary treatment after approval from Mental Health Tribunal.

Option B: Since the patient is clinically stable, no emergency situation is present to mandate ECT without approval from the aforementioned authority.

Option C and E: ECT widely is different from other medical procedures where consent from relatives of a patient who is subject to involuntary treatment can be obtained; therefore, consent from other people such as relatives, hospital administrator, another colleague, a medical senior, etc. are incorrect options.

Option D: Nasogastric tube to feed or give medications does not eliminate the need for ECT where it is clearly and necessarily indicated.

Only medical practitioners are permitted to provide ECT, and it must be performed in a hospital approved for this purpose, whether public or private. A minimum of two medical practitioners must be present, of whom one should be experienced in the administration of ECT and the other in anesthesia.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

One of your patients is a 37-year-old doctor, who has just recently found out he is HIV positive. You are the only one that knows about this. Which one of the following you are legally obliged to inform?

A. His hospital administrator.
B. Medical Board.
C. His patients.
D. His patients only if he performs surgeries where transmission is possible.
E. No one without his consent.

A

E. No one without his consent.

Healthcare workers (HCWs), who are HIV positive, have a right to privacy as long as they are not posing others at the risk of the infection. Therefore, you cannot inform anyone of his condition without his consent if he is not posing others at risk.

Option A, B and C: There are guidelines and protocols for HCWs with blood-borne viruses, and it is assumed that they follow these guidelines and precautionary measures as a part of their job. Neither the treating physician, nor the patient is obliged to inform any authorities including Medical Board, state government, the insurance company or his employer.

Option D: An HCW is not legally obliged to inform his/her patients of his/her HIV positivity. The risk of transmission of the infection to the patients is extremely rare, especially when the physician takes precautionary measures and/or is under treatment with antiretroviral therapy. However, HCWs should understand their obligation to report their infections with blood-borne viruses (BBV) status if required under jurisdictional legislation and should be informed of relevant policies. They should understand their obligation to report all sharp injuries, whether or not there was a risk of patient exposure.

TOPIC REVIEW

The following should be considered for HCWs with BBVs:
* All HCWs infected with a BBV should remain under regular medical supervision.
* HCWs must not perform EPPs (exposure-prone procedures) if they are human immunodeficiency virus (HIV) antibody positive.
* HCWs must not perform EPPs while they are hepatitis C virus (HCV) RNA positive but may be permitted to return to EPPs after successful treatment or following spontaneous clearing of HCV RNA.
* HCWs must not perform EPPs while they are HBV DNA positive, but may be permitted to return to EPPs following spontaneous clearing of HBV DNA or clearing of HBV DNA in response to treatment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

A 26-year-old female comes for cervical cancer screening by HPV testing. She never had sexual activity with a man, but is a lesbian and has a girlfriend. She prefers to see a lesbian-friendly health care provider for her test. Which one of the following would be the most appropriate action to take in this situation?

A. She does not need cervical cancer screening.
B. Refer her to a lesbian-friendly clinic in the area.
C. Do the test yourself and then refer her to a gynecologist.
D. Ask your clinic nurse to do the test in your clinic.
E. Advise her to follow safe sex practice principles even with a female partner.

A

B. Refer her to a lesbian-friendly clinic in the area.

Specific subtypes of human papilloma viruses (HPV), most commonly types 16. 18, 31, 33, 35, are associated with premalignant and cancerous cervical lesions. HPV can spread through sexual intercourse, as well as skin-to-skin contact in female-to-female sexual relationship. Therefore, lesbians need pap smears like heterosexual women.

There is NO evidence to suggest that HPV infection rate is lower in lesbians, and rates of cervical abnormalities for lesbians are like those of heterosexual women.

As this patient prefers to see a lesbian-friendly healthcare provider, the next best step would be encouraging her for screening and referring her to a lesbian-friendly clinic in your area. Failing to do so may result in the patient not seeking screening. This not only poses the patient at risk; it may also lead to lawsuit for the physician once the patient contracts cervical cancer.

Option A: Lesbians need cervical cancer screening like heterosexual women. Telling her that she does not require pap smears is not correct.

Option C: Performing a cervical cancer screening test without the patient’s consent is an act of battery and should be avoided.

Option D: It is a wise practice to have a female nurse or chaperon present while the doctor takes sample for HPV testing, particularly if the doctor is male, but taking samples is the responsibility of doctors not nurses.

Option E: Advising precautionary measures such as safe sex practice is appropriate but does not eliminate the need for screening tests as the most important issue here.

Murtagh’s General Practice – McGraw Hill – 5th Edition – pages 929, 932

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

You are a resident at the Emergency Department. An angry father approaches you because the social worker has been asking him if he has punished his child physically. The child is five years old and has been in the Emergency Department four times this year with several episodes of trauma not consistent with the alleged history given by the parents. Today, the child is brought with a complaint of ‘slipping into a hot bathtub’ with a burn wound on his legs. The father threatens to sue you and says ‘how dare you think that about me, I love my son!’ Which one of the following would be the most appropriate next step in management?

A. Admit the child to remove him from the possibly dangerous environment.
B. Call the police.
C. Ask the parents if there has been any abuse.
D. Speak to the wife privately about possible child abuse.
E. Report the family to child protective services.

A

E. Report the family to child protective services.

Once a healthcare worker forms an opinion, on reasonable grounds, that child abuse has occurred or is in progress, reporting to Child Protection Service is mandatory. The physician is legally protected if the case is found out not to be due child abuse, if reporting has occurred in good faith.

In this case, with several episodes of injuries with unfitting accounts, child abuse is very likely and the family should be reported to the Child Protection Service immediately.

NOTE - The power of removing the child from the parents is not within the physician’s authority. This is undertaken by authorities such as child protection services or courts of law.

Option A: Admitting the child for protection would be unnecessary as the child can be satisfactorily safeguarded while in hospital.

Option B: Calling the police would have been indicated if the assault is in progress, which is not the case here.

Option C and D: When the belief of child is formed, talking to the parents would be incorrect as it is unlikely to change the course of action. Abusive parents are not likely to give the exact account of the event and admit to child abuse, nor are they likely to change their behavior without intervention.

RACGP - The White Book: Child abuse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

During visiting an 82-year-old man for an upper respiratory tract infection, you notice multiple bruises on different body parts. He lives with his daughter and her boyfriend, and confides in you that the bruises are the result of being physically abused by her daughter’s boyfriend. He adamantly insists that you should not inform the police or any other authorities because he can deal with his problem by himself. You perform a mental status exam, including a ‘serial seven’ the result of which is normal. Which one of the following would be the most appropriate management option in this situation?

A. Discharge him home after management of the bruises.
B. Obey his wish but arrange for regular follow-ups.
C. Ask him to see a social worker before he leaves the hospital.
D. Inform the daughter about abuse so that she knows what is happening with her father.
E. Notify the police immediately.

A

B. Obey his wish but arrange for regular follow-ups.

Elder abuse must be considered by any health practitioner seeing elderly patient as they have an essential role in the recognition, assessment, understanding and management of elder abuse and neglect. Once faced with elderly abuse, the first thing to consider is to assess if the patient has the capacity to make decisions (as in this case where the mental status of the patient has been evaluated).

The elderly should be consulted about the criminal nature of abuse and that it is unacceptable and there is always means to prevent it. They should be made aware of they legal rights and that they can seek legal action and protection if they wish so at any time.

If the elderly patient has the decision-making capacity and refuses any intervention, their decisions must be respected, but he/she should be advised to contact you or other support agencies for help in the future. The status of the elderly should be checked through regular follow-ups.

RACGP - The White Book: Elder abuse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

A 22-year-old Aboriginal man is in the waiting list for kideny transplant due to end-stage renal disease (ESRD). In the meanwhile, he is on dialysis three times a week. He has presented to you as his treating physician and says he does not want to undergo dialysis and wants to withdraw from treatment. Which one of the following would be the most appropriate action to take?

A. Arrange for a donor for him.
B. Ignore his wish and treat him.
C. Arrange a family meeting.
D. Discuss his decision with him to make sure he understands the consequences.
E. Refer the case to the court.

A

D. Discuss his decision with him to make sure he understands the consequences.

Patient autonomy is the cornerstone of all healthcare ethics. Every competent adult has the absolute right to do what they desire with their own health and life. Competency is a legal term and not determined by the healthcare workers. Capacity, which is a different term, is what used instead in medical decision-making process. These two, however, can be used interchangeably.

When a patient decides not to accept or withdraw from a treatment, the most appropriate next step is always a full discussion with the patient about the potential consequences of his/her decision and making sure that they understand them.

Option A: Arranging for a donor just because he does not want to go on with the treatment is not appropriate. Every patient should follow specific protocols.

Option B: Ignoring a competent patient’s expressed wish and acting differently is an act of battery and punishable by the law.

Option C and E: Arranging a family meeting for discussion about a competent patient’s wish is not appropriate. Neither is referring the case to the court because the law is quite straightforward on this matter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

You are assessing a 16-year-old girl, who has cut her wrist intentionally. You talk to her and after a thorough assessment you are reassured that she is not suicidal, nor does she have any suicidal ideations at the moment. Her parents separated two years ago. Currently, she is living with her mother, but she wishes to live with her father. Both her parents and the school psychologist are concerned about her and insist to be informed of her condition. Which one of them should you inform?

A. Only the father.
B. Only the mother.
C. Both parents.
D. Only the school psychologist.
E. None of them.

A

E. None of them.

The case represents self-mutilation in the absence of an intention to die or suicidal thoughts. This is termed non- suicidal self-injurious behavior. The behavior is purely for non-suicidal reasons, either to relieve distress or to make a change in others or the environment, or for anxiety relief.

This girl is 16 years old and considered an adult in most areas of healthcare. She has a legal right to confidential healthcare.

The exception is when there is a significant concern of risk to self or others. This patient, based on the opinion of a healthcare professional, is not suicidal and does not pose any harm to herself, at least for now; therefore, she is excluded from this exception. Her current problem should not be informed to anyone without her expressed consent; however, she should be encouraged to seek help and counselling from professionals (e.g., school psychologist), or her supporting resources such as her parent.

Confidentiality is a means of providing the client with safety and privacy and therefore, protects client autonomy. For this reason, any limitation on the degree of confidentiality is likely to diminish the effectiveness of counselling.

It should be noted though that if the patient was acutely suicidal, she lacked competence and involuntary actions could have been considered.

NOTE - Notifying the parents of a dependent minor cannot be performed without their consent. Should any dispute arise between the duty of the health professional and the child’s refusal of parental notification, the issue should be referred to an authorized third party such as a court.

RCH - Engaging with and assessing the adolescent patient

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

A mother brings her two-year-old daughter to your clinic because she is concerned about a lesion on her child’s external genitalia. On examination, the lesions turn out to be genital wart (condyloma acuminata). The mother has the history of treatment for a CIN1 cervical dysplasia. Which one of the following can be the most likely cause of her genital wart?

A. Perinatal infection from the mother.
B. Sexual abuse.
C. Primary infection.
D. Breastfeeding.
E. Autoinoculation.

A

A. Perinatal infection from the mother.

Sexually transmissible diseases (STIs) are rarely seen in cases of sexual child abuse but if present, strongly suggest the possibility. In other words, a child with STI has suffered sexual abuse until proven otherwise; this, however, does not mean that sexual abuse is the most likely explanation.

Anogenital warts or condyloma acuminata are caused by the human papilloma virus (HPV).

Studies indicate that in adults, genital HPV infections are primarily sexually transmitted. In children, the mode of transmission of HPV infection is not as straightforward. Sexual transmission is recognized as a possibility in children, but other possible modes of transmission have been documented as well.

In summary, the modes of HPV transmission in children include:

Sexual abuse
* Oral-genital contact
* Genital-genital contact
* Genital-anal contact
* Fondling
* Digital penetration of the vagina or anus

Nonsexual transmission
* Autoinoculation
* Direct contact with caretaker
* Contact with objects or surfaces contaminated with HPV

Vertical transmission (from mother to infant)
* Via bloodstream prior to birth
* During vaginal delivery through infected birth canal
* Via cesarean section with or without early rupture of membranes

Sexual abuse must never be eliminated when considering possible modes of transmission for anogenital HPV. Many forms of sexual abuse can result in transmission of HPV, including genital-genital contact, genital-anal contact, oral- genital contact, fondling, and digital anal/genital penetration.

However, Adams’ (2001) classification scale for evaluating medical findings of suspected sexual abuse lists anogenital warts/condyloma in a child younger than two years of age as a nonspecific finding for sexual abuse. In such cases perinatal transmission must be considered first as the most likely explanation.

Vertical transmission of the HPV virus does not mean that warts must be present at birth or shortly after birth. HPV is a latent virus and can reside in the skin and mucous membranes without causing warts. The warts may not appear until months or even years after birth. Some authors believe the time between infection and the presentation can be as long as five years. Some believe in a shorter period of up to two years. In general, vertical transmission of HPV can still be the main cause even if lesions first appear years after birth.

Vertical transmission can occur through the bloodstream prior to birth, or at the time of birth as the infant passes through the infected birth canal. Delivery via cesarean section (with or without premature rupture of membrane) does not eliminate the possibility of vertical transmission of HPV. There are even reports of congenital condyloma after caesarean section without premature rupture of membranes.

Some authors also believe that that HPV transmission can occur in utero through semen, ascending infection from the mother’s genital tract, or transplacentally.

Anogenital warts (HPV) also can be transmitted via autoinoculation. Children with a common wart on their hands or elsewhere on their body can transmit the virus by touching their warts and then touching their own genitals.

Non-sexual transmission can also occur from direct contact with caretaker contaminated with genital HPV or common warts. For example, caretakers with genital warts who touch or scratch their genitals and then, without washing their hands, change a baby’s diaper or assist a child with toileting/bathing may transmit the virus to the child’s genitals. HPV transmission via contact with contaminated objects or surfaces is also possible.

The mother has been treated with CIN1. Although HPV serotypes associated with cervical cancer are different from thosecausing anogenital warts, presence of cervical neoplasia could suggest co-infections with other types of HPV as well. In this child, with the mother’s possible infection and the child’s age, the most likely cause to the child’s anogenital warts appears to be perinatal infection from the mother.

If the child was older the likelihood of sexual abuse would be more pronounced, as perinatal infection must have presented by 2 years of age, as most authors believe. Although not a rule, the younger the child, the more likely the HPV infections is due to perinatal infections rather than sexual abuse.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

A 34-year-old construction worker presents to your clinic after a foreign body entered his left eye while working. He is from Algeria and does not speak English. His supervisor is accompanying him in the visiting room and asks if he could translate for the patient. Which one of the following is the most appropriate action to take in this situation?

A. Ask for an accredited translator to be present.
B. Bring an accredited interpreter on the phone.
C. Ask the supervisor to leave the room and do not intervene because the patient’s privacy could be breached.
D. Ask the patient if he wants his supervisor to do the interpretation.
E. Let the supervisor to do the interpretation.

A

B. Bring an accredited interpreter on the phone.

Language differences pose a challenging situation on doctor-patient relationship where the treating doctor and the patient speak different languages. The problem is prominent in countries such as Australia where the number of those unable to efficiently speak and/or understand English is considerable owing to high rate of immigration from overseas.

It is essential that in situations where a patient has some difficulty or uncertainty in understanding English, a qualified healthcare interpreter is used. The fact that a healthcare interpreter/ translator has been used should be noted in the patient’s medical records. Most consent forms have a space for statement that the translator has translated the contents of the form and the information given by the patient.

It should be noted that a member of the patient’s family, a friend or another non-accredited person should not, in general, act as interpreter, as both legal and ethical questions could be raised about the validity of any consent obtained. An exception is when the medical issue is minor and use of a close friend or family member is the expressed wish of the patient.

In this case scenario, the treating doctor should ask for an accredited healthcare interpreter to be present; however, since it is often impossible to have a qualified interpreter available on the spot, the Telephone Interpreting Service (TIS) should be used as the most convenient means of accessing to an interpreter. This service has a dedicated telephone number for doctors in private practices and the service is free when doctors are providing care. The service is claimable under Medicare to Australian citizens or permanent residents.

If an unqualified interpreter has been used, for example in an emergency, a qualified interpreter should be obtained as soon as possible to ensure that the patient has understood what has taken place.

It is not appropriate to use the supervisor to translate despite the fact that the patient might have consented to it. When the translator is present, the doctor could reliably ask the patient about his preference is he prefers the supervisor to be present.

RACGP - Using interpreters

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

All of the following situations allow the doctor-patient confidentiality to be breached except:

A. When the patient consents to allow personal details to be revealed to a third party.
B. If there are other health professionals who have a legitimate therapeutic interest in the care of the patient including medical students.
C. If there are other health professionals who have a legitimate therapeutic interest in the care of the patient excluding medical students.
D. If there is overriding public interest.
E. Where disclosure of the information is required or permitted by operation of the law.

A

B. If there are other health professionals who have a legitimate therapeutic interest in the care of the patient including medical students.

For a proper doctor-patient relationship it is important to ensure that information provided by patients to the treating doctor will remain strictly confidential.

The general rule is that doctors may not, without the consent of their patients, disclose to any third party information acquired in the course of their professional relationship. This rule of confidentiality extends also to disclosure to family members.

However, there are exceptions where confidentiality can be breached. These exceptions are as follows:

Where the patient gives valid consent for his/her medical information to be revealed to a third party - e.g. the patient asks you to reveal his medical information to his/her employer, insurance company, etc.

Sharing information in the healthcare team - in many health care situations, consent for sharing confidential information between members of the ‘health-care team’ is implied and it is presumed that patients know and accept that this will happen. These members include other health professionals who have a legitimate therapeutic interest in the care of the patient. Medical students cannot be considered legitimate in this sense and are excluded, unless the patient consents to. In fact, medical students should be considered thirds parties.

Exceptions established by law - these include the notification of infectious diseases, births and deaths, and deaths reportable to the coroner. In some states, doctors are obliged to notify the relevant registration authority if a health- care professional, who is a patient, is ill and the community is believed to be at risk; this exception is backed by immunity from civil action.

Overriding community interest - when community interest overrides that of the patient, disclosure of the patient’s medical information is not considered a breach of confidentiality. An example is when a doctor advise the police of a patient they believe should not be driving a motor vehicle, or a psychiatrist believes a patient is a serious threat to others.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

A mother brings her 6-month-old daughter for advice regarding vaccination of her baby. The child has not received any vaccine so far because the mother had believed it is more natural, but she was a little concerned after she read in an article that vaccination is beneficial for children. You explain to her the benefits of the child being vaccinated. At the end, she decides not to vaccinate her child. Which one of the following is the most appropriate approach in this situation?

A. Inform child protection services.
B. Call the police as she is putting the baby’s health at risk.
C. Inform the local community council.
D. Respect her decision.
E. Apply for guardianship to the guardianship court.

A

D. Respect her decision.

According to current regulations in Australia, vaccination is not compulsory and parents can choose not to vaccinate their children. Physicians are required to fully explain the benefits and risks of vaccination to parents, and respect their wishes if they refuse vaccination of their children.

Any option suggesting reporting of such parents to authorities such as child protection services, police, court, etc is incorrect.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

A 6-year-old child is presented with multiple bruises. Based on reasonable grounds, you form the idea that the child has sustained physical abuse. Which one of the following is the most appropriate next action you should take?

A. Full blood exam.
B. PT, APTT.
C. X-ray.
D. Take photographs of the lesions.
E. Notify the Child Protection Service.

A

D. Take photographs of the lesions.

When a healthcare professional, based on reasonable grounds, forms a belief that child abuse has occurred, immediate action should be taken.

The priorities in dealing with child abuse are:
1. To diagnose, treat and document the child injuries
2. To notify and involve the Child Protection Services immediately
3. To provide, when consent is given, a verbal or written report to Child Protection Service and the Police (this is different from notifying the Child Protection Services on perceived child abuse)

This child does not appear to be in immediate need for treatment as the first priority; therefore, taking photographs of the lesions to document them is the next best step in management.

NOTE - Notifying the Child Protection Services does not need any consent from the parents, care or guardian. In fact, it is advisable that the doctor withhold from the parent that he/she has made a notification if it is believed that the accompanying parent has been involved in child abuse. However, the doctor must establish that consent has been given (by one of the parents or the child's legal guardian) to perform a clinical examination and to provide a report (not notification) to Child Protection and the Police. Ideally this should be in writing. If consent is unobtainable, the child should only be examined if a medical emergency exists.

Option A, B and C: Full blood exam and coagulation profile would be needed if the bruises were considered to have been caused by a medical condition with hemorrhage tendency. These tests might later be indicated for further assessment after the bruised are proved not to be a consequence of injuries. X-ray exam might be considered somewhere during assessment process if indicated. It is not a priority now.

Option E: Notification to child protection services comes next after documenting the injuries and treating them.

RACGP - The White Book: Child abuse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

A 13-year-old girl comes to your GP clinic asking for options regarding abortion. She left home 12 months ago and is living with his 18-year-old boyfriend. Last evening, she went to a party where she became drunk and was forced to have unwanted sex with a man. She wants to know if she could have an abortion in case she gets pregnant. On examination, there is no evidence of trauma. Which one of the following should be notified first?

A. Sexual assault service.
B. The police.
C. Her parents.
D. School.
E. Child protection services.

A

E. Child protection services.

According to current legislation in Australia, doctors, nurses and midwives are obliged to lodge a mandatory report to the child protection services whenever they have formed a ‘reasonable belief’’ that a child under 18 years has been or is being sexually abused or assaulted. This holds valid for all peoples younger than 18 years of age regardless of whether they are dependent or independent (mature) minors; therefore, the next step in management in this scenario is reporting to child protection services.

The doctor, to whom a mature minor discloses the sexual assault, should initially inform the child of legal requirements of mandatory reporting and the limitations on doctor-patient confidentiality.

The key point to appreciate and fully absorb is the legal concept of ‘child’ in the term ‘mature child’. No matter how mature or independent they might be, they are children as long as they are younger than 18 years and reporting any alleged abuse/assault is a ‘must’.

NOTE - This is different from incidences when a mature child voluntarily involves in a sensual sexual relationship. In such cases no mandatory reporting is required if the child is 13 years or older.

When a belief of child sexual abuse or assault is formed, the practitioner should discuss the mandatory reporting requirements with the mature minor and include the following in the discussion:
* How the minor would like a report to be progressed
* Their preferences for alerting (or not) their carers/parents
* Their preference for informing (or not) the Police
* If the minor views themselves at any ongoing risk of (further) sexual abuse
* Any alerts for the child protection service or the police
* Any further information the mature minor would like to have included in the report

Child protection services should make a mandatory report to the police; however, if the mature minor in discussion with the mandatory reporter, determines they do not want the police to be involved, this information needs to be included in the report. Child protection services and the police will take this into account whenever there is no ongoing risk to this child or any other child.

NOTE - It is always appropriate and advisable to persuade or encourage a mature minor to inform her parents/cares or to allow the doctor to do so on their behalf, but if the mature refuse to do so, it should be avoided as it unnecessarily breaches the doctor- patient confidentiality.

Her school (option D) is not required to be informed in any case; even if the child is dependent and not mature.

Sexual assault services (option A) are dedicated bodies that provide the victims of sexual assault with counselling services, forensic examinations and psychological care. Although it is advisable that sexual assault victims be counselled about the benefits of such services and offered referral, no mandatory reporting to sexual assault services is required.

TOPIC REVIEW
A child or minor is a person who is younger than the age of majority. In Australia the age of majority is 18 years. This is the age at which citizens can exercise all the civil rights available to Australians; however, a child of or over 16 years of age can give consent for medical treatment. In certain situations, a child younger than 16 years of age may give consent as well if he/she is considered competent by Gillick competence rule.

Based on Gillick competence principle, a minor (< 16 years, but not younger than 13 years) is considered competent to consent to treatment if:
* she/he lives independently of her/his parents (i.e. emancipated minor), AND
* she/he appears to have sufficient understanding and intelligence to enable her or him to understand fully what is proposed and the risks and benefits.

If these criteria are met, a minor can consent to treatment without any requirements to informing a parent or guardian or obtaining consent from them.

To put it in a more clear and straightforward way, always approach a minor as a consenting adult if:
1. she/he is 13 years of age or older, AND
2. she/he lives independent of his/her parents, AND
3. she/he appears to fully understand the situation, treatment options and risks and benefits.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

You are a medical officer in a tertiary hospital. A patient is about to undergo abdominal surgery. When the patient is being transferred to the operating theatre, the nurse informs you that the consent for the surgery has not yet been obtained. Which one of the following is the most appropriate step regarding consent?

A. Send the patient to the operating room and ask the anesthesiologist to obtain the consent.
B. Obtain the consent yourself and send the patient for the surgery.
C. Download information from the internet and discuss it with the patient and obtain consent.
D. Call the treating surgeon and ask him to obtain consent.
E. Ask the attending nurse to obtain consent from the patient on his way to the operating theatre.

A

D. Call the treating surgeon and ask him to obtain consent.

The ultimate responsibility of obtaining consent is with the clinician directly in charge of the treatment; therefore, the operating surgeon should be called for obtaining consent from the patient. However, it is possible for that clinician to delegate authority to other healthcare professionals, such as more junior members of staff. The proviso for such delegation is that the person obtaining consent must be fully equipped to deal with the consent process.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

A 17-year-old girl presents to your clinic requesting an abortion at 12 weeks pregnancy. Her pregnancy is the result of a rape that happened a while back in a party while she was drunk. You are against abortion morally and think that abortion can be only ethical in cases of severe congenital anomalies. Which one of the following should the most appropriate step in management of this patient?

A. Refer to another GP for a second opinion.
B. Inform her parents.
C. Inform the Sexual Assault Services.
D. Refer to a tertiary hospital for further management.
E. Perform the abortion despite your will.

A

A. Refer to another GP for a second opinion.

The very first step in management of this patient is reporting the incidence of sexual assault to child protection services. Any options suggesting mandatory reporting to child protection services would be the most appropriate option.

According to current legislation in Australia, doctors, nurses and midwives are obliged to lodge a mandatory report to the child protection services whenever they have formed a ‘reasonable belief’’ that a child under 18 years has been or is being sexually abused or assaulted WITHOUT taking into account whether the child is dependent or independent (mature). Gillick competence rule does not exclude any child from being reported to child protection services whatsoever if the case is sexual assault or abuse. All children younger than 18 years are subject to mandatory reporting by the treating doctors, nurses and midwives, teachers, principals and the police in such incidences.

The main point of the scenario appears to be the conflicting ethical issues regarding termination of the pregnancy between the doctor and the patient. In instances where such conflicts exist and the doctor does not feel comfortable in dealing with consultation regarding abortion, he/she should advise the patient to see another GP or a women’s health center as early as possible (ideally before 12 weeks gestation).

Termination of pregnancy should be performed by approved clinics and abortion service providers.

NOTE - Beyond a specific gestational age (20 weeks is South Australia, 22 weeks in Queensland, 18-20 weeks in NSW, etc.) the termination of pregnancy might be subject to further review and assessment e.g., requiring approval from a panel appointed by the Minister of Health in South Australia after 22 weeks.

Option B: This girl is older than 16 years and can consent to most medical treatments/procedures including termination of pregnancy. No parental consent is required to do so, nor is there any obligation to inform them.

Option C: Sexual assault services are dedicated bodies that provide the victims of sexual assault with counselling services, forensic examinations and psychological care. While offering referral is appropriate, informing them without the patient’s consent is a breach of doctor-patient confidentiality.

Option D: Referral for further management is considered after discussion with the patient about the procedure
and obtaining informed consent for referral after the patient is fully informed of the risks and potential complications. While the doctor is against termination of pregnancy, such discussion should be taken over by a third party (e.g., another doctor) who is impartial and does not feel uncomfortable with the issue of termination of pregnancy.

Option E: The doctor is not to obliged to become involved in abortion if it is against his/her ethical principles.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Melisa, 14 years old, presents to your practice for termination of pregnancy at 13 weeks gestation. She left home at the age of 12 years and has been living with her 20-year-old boyfriend for the last eight months against her parents’ wishes. Her boyfriend left her after he knew she is pregnant. Which one of the following is the most appropriate next step in her management?

A. Inform the Child Protection Service.
B. Refuse her request because she is underage.
C. Refer her for termination of pregnancy after consultation and obtaining informed consent.
D. Tell her that her parents should consent to pregnancy termination.
E. Contact the police because the sexual relationship was illegal due to the age difference.

A

C. Refer her for termination of pregnancy after consultation and obtaining informed consent.

A child or minor is a person who is younger than the age of majority. In Australia, the age of majority is 18 years. This is the age at which citizens can exercise all the civil rights available to Australians; however, a child of or over 16 years of age may give consent for medical treatment. In certain situations, a child younger than 16 years of age may give consent.

Based on Gillick competence principle, a minor (< 16 years, but not younger than 13 years) is considered competent to consent to treatment if:
* She/he lives independently of her/his parents (i.e. emancipated minor), AND
* She/he appears to have sufficient understanding and intelligence to enable her or him to understand fully what is proposed and the risks and benefits.

If these criteria are met, a minor can consent to treatment without any requirements to informing a parent or guardian or obtaining consent from them.

In summary, according to Gillick competence rule, a person under the age of 16 years is still able to give consent for medical treatments including operative procedure on him/her providing that:
* He/she is 13 years of age or older, AND
* lives independent of his/her parents, AND
* he/she appears to fully understand the situation, treatment options, risks and benefits.

Although the relationship is illegal, because she is under the age of 16 years, they have been living together with their own consent, and the boyfriend has not been a teacher, relative, or someone in whom the child puts her trust because of their position. Providing this is the case, the police in Australia or the various child protection authorities would not normally take action against either the girl or her parent. Informing the Child Protection Services would be the correct answer and the next best step in management if the child was sexually assaulted.

Unless she gives permission to do so, it would be inappropriate for her parents to be advised of the pregnancy and unnecessary for them to give consent to the procedure.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Nicole, 72 years, is one of your patients, who presented with a breast lump. Physical exam finding of an inverted nipple and pea-au-de-orange made you highly suspicious of breast cancer. You ordered a mammogram, the result of which confirmed the diagnosis. Her eldest son calls and tells you that he thinks that her mother has breast cancer and asks you that you do not tell her mother of diagnosis, if it turned out to be cancer, because she might become depressed. Which one of the following would be the most appropriate action in this situation?

A. Tell her son that you should meet Nicole alone and you have to inform her of the diagnosis anyway.
B. Tell her son to bring all family members for a family meeting.
C. Arrange an appointment with the son for further discussion.
D. Call Nicole and ask her to bring a family member with her for the appointment.
E. Follow the son’s wish, as breaking the news might put Nicole at risk.

A

A. Tell her son that you should meet Nicole alone and you have to inform her of the diagnosis anyway.

As a rule, a patient is entitled to be informed of the diagnosis as soon as it is made. The information should not be withheld on requests of relatives and carers. In this case, you should meet Nicole alone and you must inform her of the diagnosis anyway.

It is Nicole’s decision whether to share any information about her diagnosis, health condition, or treatments proposed.

Options B, C and D: Any option suggesting family meetings or arranging a meeting with the requesting relative is definitely wrong. In fact, telling about the patient’s medical information to a third party, irrespective of their closeness or intimacy is an act of breach of doctor-patient confidentiality. Nicole does not need to bring a family member unless she wishes so.

Option E: There may be circumstances under which providing information could cause the patient harm, and the treating doctor decides to withhold information from the patient. This is frequently referred to as therapeutic privilege. Particular information may be withheld where the practitioner believes, on reasonable grounds, that providing it may damage the patient’s health. The responsibility is on the practitioner to show that providing the information would be reasonably likely to cause significant harm. This decision is made in very limited situations by the treating doctor, not on a relative’s or carer’s request.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

You have a patient with severe multiple sclerosis that is advanced and progressive, who now has developed renal failure secondary to diabetes. The patient is alert and has elected to put the DNR order in place at her own discretion. Today, he has presented for follow-up and you notive that he has a markedly elevated serum potassium of 8 mmol/L. Which one of the following is the most appropriate management of this patient?

A. Dialysis cannot be done because of the DNR order.
B. You can do the dialysis if the DNR is reversed for the procedure.
C. Proceed with the dialysis; ignore the DNR order.
D. Give insulin and glucose until the DNR status is discussed with the family.
E. Seek a court order to overrule the DNR order.

A

C. Proceed with the dialysis; ignore the DNR order.

A “Do Not-Resuscitate’ (DNR) order is very specifically defined as refraining from resuscitative efforts, such as chest compression, antiarrhythmic medications (e.g. amiodarone, atropine, adrenaline, etc.), and electrical cardioversion in the event of the patient’s cardiopulmonary arrest. A DNR order has nothing to do with any other forms of care the patient is receiving.

DNR order has no impact on the use of dialysis, and DNR order should be ignored when assessing the patient for dialysis. Hyperkalemia is life-threatening. It is not reasonable to use an inferior therapy such as insulin and glucose or resins for management of hyperkalemia when dialysis is indicated. In this scenario, DNR order should be ignored and dialysis performed after obtaining the patient’s consent. The patient, however, still has every right to refuse the dialysis. This is different from the DNR order.

This patient is awake, alert and able to understand his own medical condition; therefore, the patient’s family is not relevant in the process of decision making if the patient has the capacity to understand his or her own medical condition.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Robert, aged 68 years, is in the operating theatre undergoing a colon resection due to colon cancer. Prior to the surgery, the risks of the surgery was fully explained to him. After discussion with the treating surgeon, he decided to sign a “Not for Resuscitation (NFR)” form, if anything happens to him during the surgery or afterwards. During the operation, he starts bleeding suddenly and profusely and in a matter of seconds and before anything can be done, he becomes pulseless and his heart stops beating. The blood pressure is not recordable. Which one of the following is correct regarding this situation?

A. Transfuse fluids and blood products, and resuscitate him as this has occurred as a complication of the surgery.
B. Do not resuscitate because the patient’s blood pressure and pulse are not recordable and he has arrested.
C. You can give fluid, blood products and medications, but no chest compression or electric cardioversion.
D. Only administer intravenous fluids and blood products to restore circulating volume but do not perform chest compression or cardioversion.
E. DNR orders are not valid when they are not related to the underlying disease.

A

B. Do not resuscitate because the patient’s blood pressure and pulse are not recordable and he has arrested.

It is common to have patients presenting for surgery with a ‘Do Not Resuscitate’ (DNR) order written in their files. Physicians and patients suffer from misconception about the potential benefits and harms of resuscitation in the operating room (OR), and even definition of resuscitation in the OR requires clarification prior to surgery.

Cardiopulmonary resuscitation (CPR) in the OR has a very different prognosis than CPR in other areas. The percentage of patients resuscitated in the OR, who return to their pre-CPR functioning, is 50-80% versus 4-14% for those patients who are resuscitated in other areas. This difference is due to several factors such as the fact that the arrest is always witnessed in the OR and the cause is often known that allows prompt effective intervention targeted at the cause.

Another reason for this difference is that causes of arrest in the OR are often reversible effects of anesthesia or hemorrhage, and not due primarily to the patient’s underlying disease. This fact makes physicians even more uncomfortable with DNR orders in the OR because they may feel that their actions has led to the arrest, and they are ethically obliged to resuscitate the patient, even if the patient has clearly expressed wishes to the contrary. This is a significant misunderstanding. Physicians should be aware of the fact that competent patients or their appropriate surrogates have the right to refuse medical procedures and care, even if the care is to counteract the effect of previous medical intervention.

In this case scenario, the patient has been fully informed of the risks of the operation, yet he insists on a DNR order to be in place. DNR means if the patient suffers a cardiopulmonary arrest, represented by undetectable blood pressure and pulse and inability to breathe spontaneously, resuscitative measures such as chest compression, electrical cardioversion, acute administration of antiarrhythmic drugs such as epinephrine, or atropine must NOT be performed in respect to the patient’s wish, even if the arrest could be reversed rapidly and effectively. This holds true even if the arrest is just a simple consequence or complication of the procedure.

Just using intravenous fluids and blood products without establishing artificial circulation, at least initially, by means such as chest compression is futile and not appropriate.

Again, once the patient arrests, measures considered as a part of basic life support (BLS) or advanced life support (ALS) such as chest compression, assisted ventilation, use of medications, or electric cardioversion cannot be used for the patient.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

A patient with Alzheimer disease from a skilled-nursing facility is admitted to the hospital for severe upper gastrointestinal bleeding. The bleeding has not stopped despite multiple transfusions, octreotide, proton ump inhibitors, and endoscopy. He needs monitoring and evaluation in an intensive care unit. The patient has a DNR order in place by his legal guardian. Which one of the following is correct regarding this situation?

A. Reverse the DNR order and transfer to the ICU as needed.
B. He cannot be DNR and be in the ICU.
C. Transfer to the ICU as needed; it is okay to be DNR in the ICU.
D. He can go to the ICU with the DNR but cannot go for surgery.
E. He can go to the ICU with the DNR but cannot be intubated.

A

C. Transfer to the ICU as needed; it is okay to be DNR in the ICU.

A ‘Do Not Resuscitate’ or DNR order means no cardiopulmonary resuscitative efforts if the patients suffers a cardiopulmonary arrest. There is no other automatic limitation in therapy besides this. DNR orders are often confused with generalized withholding of care such as transfusion or ICU admission. DNR orders are not the same as stopping the active management of the patient. DNR orders do not automatically mean that the patient is immediately terminal or that there is an automatic assumption of palliative care only. This patient should be transferred to the ICU, but in case CPR is indicated, it should be withheld.

Intubation, surgery, and any other form of treatment can be given to this patient as long as he is not in cardiopulmonary arrest.

NOTE - When the patient has a cardiopulmonary arrest, it is always presumed that the patient has given consent to CPR unless the patient has specifically and expressively refused this therapy in advance. In other words, you do not need to ask for consent from anybody regarding CPR unless the patient is already DNR.

29
Q

An 86-year-old woman with longstanding history of chronic obstructive pulmonary disease (COPD) has an advance directive of DNR (do not resuscitate) order in place. She is now in the emergency department with a femoral neck fracture sustained at home. She is drowsy and disoriented. Her son and daughter are in the emergency department asking you to do whatever it takes to treat her. Which one of the following should be your next appropriate action?

A. Inform her son and daughter that she will be given all necessary treatment.
B. Wait until she regains her consciousness and discuss the matter with her.
C. Inform your senior doctor.
D. Inform her son and daughter that there is nothing you can do as she is DNR.
E. Refer the case to Guardianship Tribunal.

A

A. Inform her son and daughter that she will be given all necessary treatment.

A “Do Not Resuscitate” (DNR) order means if the patient dies i.e. cardiopulmonary arrest, the treating physician(s) does not perform chest compressions, attempt electrical cardioversion, or use acute antiarrhythmic medications. In other words, DNR is defined as not attempting any treatment once the patient is dead, indicated by loss of pulse, blood pressure and spontaneous breathing. DNR orders cannot be considered valid and should not be followed unless the patient loses all of these.

The most common misunderstanding about DNR is that being DNR must mean the patient is preterminal and is just about to die. Another common misunderstanding is that a person who is DNR should not get other aspects of an appropriate medical treatment and care such as biopsies, surgeries, or dialysis.

DNR does not mean that the patient should let be dead just because a DNR order is in place. DNR just means that the treating physician should consider death as the end point of life and take no further actions to reverse it. Therefore, DNR is not valid until the patient is clinically dead evident by loss of pulse, blood pressure and the ability to breath spontaneously.

This patient has a DNR order in place, but she is still clinically alive. She has a femoral neck fracture and the DNR does not preclude an appropriate medical management of her current condition. She is not conscious now, but her next of kin can decide on her behalf. As they have given you the consent to proceed with treatment at your discretion, the next appropriate action is telling them that you will give her all necessary treatments in her best interest.

There is no need to inform the senior doctor, nor referring the case to Guardianship Tribunal, as the path is clear and there is no conflict over the patient’s best interest in this scenario.

30
Q

An 82-year-old man is admitted to the hospital with complicated bowel obstruction and booked for emergecy surgery. He has a DNR order in place after he had a previous admission for another reason last year. He still wishes to be DNR. What should you do about the surgery?

A. No surgery can be done on a patient who is DNR.
B. Reverse the DNR order for the surgery.
C. DNR is acceptable only if the surgery does not require intubation.
D. Surgery is acceptable while DNR if an additional consent is signed.
E. DNR does not preclude surgery; proceed with the surgery.

A

D. Surgery is acceptable while DNR if an additional consent is signed.

A ‘Do not resuscitate order’ (DNR) is not meant to be a generalized limitation on all forms of therapy. You can still intubate patients even if they are DNR.

DNR just means you are taking death as the endpoint of giving treatment. In the event of cardiopulmonary arrest, do not give the additional therapy of cardiopulmonary resuscitation, defibrillation, and chest compressions. DNR is not a general equivalent for withholding any other forms of therapy.

This patient needs surgery, and a DNR does not preclude this; therefore, proceeding with the surgery is the most appropriate management option. However, like any other medical procedure, consent should be obtained from the patient for the surgery if the patient is alert and competent to understand the treatment options, their risks and complications and the consequences that might arise if treatment is withheld.

If the patient insists that DNR order be in place despite being informed of the consequences, no CPR should be attempted in the event of cardiopulmonary arrest during the surgery or in the perioperative period.

31
Q

A 67-year-old man presents to the emergency department with severe chest pain. An ECG is consistent with inferior myocardial infarction. Initial management with aspirin, oxygen, and morphine is done. While arrangements are made to transfer the patient for percutaneous coronary intervention, he becomes pulseless and unconscious. Cardiac monitoring shows ventricular fibrillation. He is immediately managed with defibrillation and regains his consciousness and pulse again. He then asks you to not resuscitate him again if anything happened to him. Which one of the following is the most appropriate approach?

A. Assess his mental competence.
B. Write “do not resuscitate” order in his file.
C. Overrule his request as this decision is irrational.
D. Ask his wife to convince him otherwise.
E. Refer the case to the Guardianship Court.

A

A. Assess his mental competence.

Every competent adult patient has full control over his/her body. They may refuse a medical treatment even though it is life-saving. They may ask for withholding or withdrawal of treatment, including cardiopulmonary resuscitation. When such requests are faced, the next best step is assessing the patient’s mental competence. Once the patient is found competent, their wish should be respected and followed.

Option B: A ‘do not resuscitate’ order can be put in place after he is found to be mentally competent and it is assured that he is fully informed of the consequences.

Option C: By overruling a competent patient’s wish and doing the resuscitation, the crime of battery is committed, and the perpetrator may face criminal charges.

Option D: While a competent adult patient can make decisions for himself/herself asking his/her relatives to convince them otherwise is not correct. This is an issue related to them and they need to address it between themselves at their discretion.

Option E: The rules and regulations on this issue are quite clear and straightforward and there is no need to involve the Guardianship court or any other authorities.

32
Q

A 76-year-old lady is brought to the Emergency Department by her daughter with fractured femoral neck. She is unconscious and the “Do Not Resuscitate (DNR)” status is unknown. Based on evaluations, she is in need for surgery for the fracture. Which one of the following is the most appropriate action in this situation?

A. Ask if there is a DNR order in place first.
B. Proceed to the surgery without consent.
C. Ask for consent from her daughter.
D. Ask for consent from guardianship tribunal.
E. Refer her for palliative care.

A

C. Ask for consent from her daughter.

A “Do Not Resuscitate (DNR) order means if the patient dies evident by cardiopulmonary arrest, the doctor does not perform chest compressions, attempt electrical cardioversion, or use acute antiarrhythmic medications. In other words, DNR is defined as not attempting any treatment once the patient is ‘dead’, indicated by loss of pulse, blood pressure and breathing. DNR orders cannot be considered valid and should not be followed unless the patient losses all three components (pulse, blood pressure, breathing).

The most common misunderstanding about DNR is that being DNR must mean the patient is pre-terminal and is just about to die.

Another common misunderstanding is that a person who is DNR should not get other aspects of an appropriate medical treatment and care such as biopsies, surgeries, dialysis, etc.

DNR does not mean that the patient should let be dead just because a DNR order is in place. DNR just means that the treating physician should consider death as the end point of life and attempts no further actions to reverse it. So DNR is not valid until the patient is clinically dead evident by loss of pulse, blood pressure and the ability to breathe spontaneously.

In this case scenario the patient is unconscious, not dead; therefore, asking if there is a DNR order in place will be inappropriate because even so, it does not apply in this situation. The patient, however, needs surgery and consent is required for that matter. Since the patient is unconscious, her next of kin (daughter) can give consent to the surgery on her behalf.

Option B: Proceeding to the surgery without consent could be the correct answer in emergency cases, where no one is present to consent on the patient’s behalf, and to his/her best interest, and if failing to take prompt action would put the patient’s health at serious risks. In such circumstances it is presumed that the care givers would consent to the patient’s best interest if he or she was present.

Option D: Referral of the case to guardianship tribunal is appropriate only if there is conflict between family members or care givers or when the family wish is in conflict with the patient’s best interest.

Option E: Palliative care would be the correct answer if the patient or his/her caregiver/next of kin based on sound grounds has refused active treatment.

33
Q

A 38-year-old man, who is a known case of schizophrenia and currently well-controlled on ziprasidone, sustains bilateral fracture of his legs after he is hit by car as a pedestrian. He is now in the emergency department and required surgery to fix the fractures, but he refuses the surgery despite being fully informed of his condition and consequences of refusal. Which one of the following concepts should guide further management?

A. Informed consent.
B. Utilitarianism.
C. Patient’s autonomy.
D. Patient’s best interest.
E. Incompetency.

A

C. Patient’s autonomy.

Every competent adult has the right to refuse proposed treatment(s), no matter how the treatment is crucial or beneficial for them to save their lives or health. This patient seems to understand the consequences of not receiving treatment, yet he refuses it. In this case no treatment can be given based on the concept of autonomy.

Patient’s autonomy is the most fundamental principle underlying all healthcare ethics. Autonomy grants every competent adult patient the absolute right to do what he wishes with his own health care. The concept of autonomy is fundamental to the entirety of the Australia legal system and has complete acceptance as an operating principle of decision making.

Autonomy over one’s own medical care is seen in the same light as freedom of religion, freedom from illegal search and seizure, freedom of speech, and freedom of assembly. Patients have the right to refuse undesired therapy, and they have the right to choose whether or not they will participate in experimentation. Each patient has the right to have his wishes carried out even in the event that he loses consciousness or the capacity to make decisions for himself. Autonomy represents a patient’s right to determine his or her own health-care decisions.

Option A: Considering the concept of patient’s autonomy, informed consent is an essential part of medical ethics. Consent means the patient’s approval before you proceed to touch, examine or treat them. Consent must be informed, meaning the patient should be fully aware of treatment options, possible complications and material risks.

Option B: Utilitarianism is a form of consequentialism stating that consequences of any action are the only standard of right and wrong. A wrong action is good if the outcome is good and bad if the outcome is not good. Action based on utilitarianism in this scenario means that the patient should be treated against his expressed will to otherwise (bad action), because the outcome of treatment is best for him (good outcome). This is not an acceptable concept in medical ethics because it is against the wishes and wills of a competent patient and his/her autonomy.

Option D: No form of a treatment can be pursued without the patient’s agreement, even if the proposed therapy is in the patient’s best interest. Although beneficence or doing what is good for people is a high aim and ethical principle, autonomy is considered more important and takes precedence. Each patient has the right to refuse a treatment even if that treatment has no adverse effects and will help them.

Option E: Competency is a legal term. Only a court of law can decide if a patient is competent; however, for the medical purposes as long as a patient appears to understand what is proposed and the consequences, criteria for competency are met. Delirious state, dementia, intellectual disability, the effects of medications, psychotic symptoms such as delusions and hallucinations and other forms of acute thought disorder makes a patient incompetent for decision making. This patient has schizophrenia, but is well-controlled on medications and has not thought disturbances at the moment, and cannot be considered incompetent and be overruled.

34
Q

A 42-year-old patients of your, who suffers schizophrenia and is on controlled-release ziprasidone, presents for a follow-up. During the visit you notice a mole on his face that is highly suspected to be melanoma. You explain that the mole should be excised and send for pathology and further follow-up will be required, but he refuses and says the mole will heal on itself. Which one of the following is the most appropriate next step in management?

A. Tell him about the risks of melanoma and benefits of treatment.
B. Formal mental state examination.
C. Refer him for a psychiatric opinion.
D. Admit him involuntarily.
E. Refer the case to Mental Health Tribunal.

A

A. Tell him about the risks of melanoma and benefits of treatment.

At common law and under some statutes, adults (people over 18) are presumed to be competent, although it is possible to rebut the presumption by showing that an adult lacks competence. A functional test, settled on by most common law jurisdictions, is used to assess the competency of a patient by healthcare professionals to examine the ability of a patient to consent to or refuse a specific treatment. A patient is competent if he/she is able to:

  • understand and retains treatment information
  • believe the information
  • weigh the information and reach a decision and communicate their decision

NOTE - even if the reasoning is not sound or even delusional, the doctor cannot consider the patient incompetent to make decisions. Reasoning is a very important indicating the patient's competency even if the reasoning is irrational or delusional to the treating doctor. The following examples demonstrate how the capacity to reason advocates the patients rights for autonomy: (see photo)

This patient has been offered treatment for a suspected melanoma and falsely believes that he does not need treatment. In such situation, the most important step is discussing with him the risks melanoma can pose to his health, treatment options and material risks associated with the treatment. He should then be able to believe the information, weigh them and reach a decision and communicate his decision.

Option B and C: This patient should not be assumed incompetence. However, if the patient, after discussion, still refuses treatment against his best interest competence should be assessed comprehensively. This may include:

  • Assessment of the patient’s understanding and beliefs through discussion with them
  • Formal tests of cognitive capacity (such as the Standardized Mini-Mental Status Examination)
  • Clinical psychological or neuropsychiatric assessment
  • Consideration of corroborative history from other people; for example, family members and health professionals such as the patient’s general practitioner

Option D: Involuntary admission is the appropriate option if the patient is considered to be at immediate risk of self harm or harm to others, or seem that due to a psychiatric condition is not capable of taking care of himself/herself. None of these conditions are present and involuntary admission is not appropriate.

Option E: Referral to Mental Health Tribunal might be considered for patients when an order for involuntary treatment is required, and if they are found to be incompetent for making decisions.

The Australian Medicolegal Handbook; pages 80-85

35
Q

Nathalie, 72 years old, is a patient of yours with Alzheimer disease. Today, she is in your office for a health check before she goes on a European tour for bushwalking. On examination, she has a mini-mental status exam (MMSE) score of 21/30. Which one of the following is the most appropriate action for you to take?

A. Report her to immigration department.
B. Tell her that she should cancel her trip as she is unfit.
C. Telll her that she can go to the trip but should use her medications regularly.
D. Call her family and discuss the issue with them.
E. Reassure that she can take the trip.

A

B. Tell her that she should cancel her trip as she is unfit.

As a rule, patients with dementia, regardless of the severity, should not travel alone. Even in its mildest form, Alzheimer disease can be associated with forgetfulness and impaired visuospatial skills and appropriate navigation and carries the risk of getting lost especially in an unfamiliar environment. Furthermore, bushwalking includes treks in the nature which makes this tour even more risky for this patient.

Nathalie has an MMSE of 21 and can be categorized as having mild dementia. An MMSE score between 21 and 24 is associated with mild functional dependence. An MMSE score between 10 and 20 is seen in patients with moderate Alzheimer disease and is associated with more immediate dependency, such as inability to drive, difficulty with hygiene and shopping, and remote memory impairment. Severe disease (MMSE score under 10) is associated with total dependence and the need for constant supervision. Motor impairments, notably gait and balance impairment, incontinence, and myoclonus, develop at this late stage.

Option A: Mandatory reporting to immigration department is not required. It is not a doctor’s duty or responsibility to provide such information to authorities. On the other hand, immigration department has nothing to do with this woman’s travel authorization.

Option C: There are approved medications such as donepezil, rivastigmine, or memantine, with modest effect on dementia. They may delay the decline in cognition temporarily but cannot reverse the disease or prevent it from progression. Even by taking her medications, Nathalie’s current cognitive status will not improve.

Option D: Calling Nathalie’s family for discussing the issue with them is not a correct option because although her cognition is mildly impaired, she is still competent adult and informing her family without her consent will be a breach of confidentiality.

Option E: Reassurance is not appropriate because a trip long away from home while unaccompanied by a carer is associated with risks to her health and well-being.

36
Q

A 78-year-old woman, who is a patient in your GP clinic, presents to you for a health check-up before she goes on a European tour that includes bush walking and travelling through mountains. On examination, you notice a decline in her recent memory, as well as having trouble in remembering new people’s names and addresses. You perform a Mini mental state exam (MMSE) for her, the result of which is 24/30. You recommend that she cancel her tour until further assessment is carried out because due to her current condition you think she is unfit to travel alone. She refuses and tells you that she will stick to her plan. Which one of the following is the next best step in management?

A. Apply the case to Guardianship court.
B. Admit her to the hospital.
C. Contact the department of immigration and tell them about her condition.
D. Send her to a nursing home.
E. Do nothing.

A

E. Do nothing.

Patients with dementia thrive in familiar environments and by following a familiar routine. Adherence to routines produces a sense of safety by knowing what is going to happen next and avoidance of confusion. Routines are interrupted when traveling. For patients with cognitive impairment, traveling can be confusing. Being away from familiar surroundings, eating and sleeping in unfamiliar places, disrupted sleep pattern, having to speak and interact with strangers (such as airport and hotel staff) and having to follow directions that may not be fully understood and become confusing for dementia patients. Confusion causes distress that may result in an unusual, potentially catastrophic behavior. The first rule to consider about travelling is that no person with dementia should ever travel unaccompanied because there are many decisions to make, directions to follow, and unfamiliar surroundings to navigate that a person with dementia will find it overwhelming.

This woman has an MMSE score of 24, suggesting mild dementia. Examination also reveals cognitive function impairment associated with this MMSE score.

She also needs thorough investigation for exclusion of organic and possibly reversible causes of dementia such as hypothyroidism and vitamin B12 deficiency. Depression should be considered as a cause of pseudodementia that can mimic dementia. Another important step is a full and formal assessment of her mental state and psychological status because MMSE is a screening rather than an accurate diagnostic tool. MMSE should be assessed and interpreted according to the patient’s educational status because while an MMSE score of 23 can be normal for a patient with 7th grade education, it is clearly abnormal for another patient with college education.

In the meanwhile, this patient should be strongly advised to refrain from travelling alone, especially to unfamiliar places. She should also be offered further assessment and follow-up; however, if she refuses to do so, nothing more can be done. She is still a consenting adult and mild cognitive impairment will NOT preclude her from making decisions for her.

Option A: Applying for guardianship is not appropriate because this woman has only mild cognitive impairment and is competent and can make decisions for herself.

Option B: Hospital admission is not necessary. Further assessment, if planned, is performed in outpatient setting.

Option C: Mandatory reporting to immigration department is not required. By traveling alone, this patient is not putting anyone but herself at risk. Also, it is not a doctor’s duty or responsibility to provide such information to such authorities. More importantly, immigration department has nothing to do with this woman’s travel authorization.

Option D: An MMSE score of 24 or a recent decline in memory is not an indication for placing this patient in a nursing home.

TOPIC REVIEW (See Table)

37
Q

You are asked by a community service to check on an old woman who lives alone and is reported by her neighbors. When you arrive, you knock but there is no response. After you find the front door open, you call her by name and introduce yourself as you step in. When you enter her house, the first thing you notice is a messy living room and a dirty kitchen with unwashed dishes piling upin the sink and rotting food on a plate. An old woman, who is disheveled and unkempt, walks out of a room, comes towards you, and calls you by another name. You have just started introducing yourself when she suddenly shouts at you to get out and leave her alone. When you try to calm her down and explain who you are and why you are at her home, she suddenly attacks you and takes a swing at you. Which one of the following should be the immediate response in this situation?

A. Leave the house immediately.
B. Call the police.
C. Restrain her.
D. Sedate her.
E. Get a court order.

A

A. Leave the house immediately.

The safety of healthcare staff is of paramount significance when dealing with an aggressive patient.

Both the house and the patient’s condition indicate that she is very likely to have a mental illness either caused by a medical or psychiatric condition. Your presence at her home has made her aggressive to the extent of attempting assault on you. In this situation, the most appropriate immediate response should be leaving the house immediately to prevent further aggression and possible assault.

Option B: Calling the police for support is the next best step after your safety is ensured. In the presence of the police, you can try verbal de-escalation or other necessary measures such as sedation.

Option C and D: Sedation or restraining deprives the patient of autonomy and should only be considered as the last resort. When physical restraint is required, a coordinated team approach is essential, with roles clearly defined and swift action taken (restraint protocol). While you are alone, trying to restrain or sedate an aggressive patient may pose harm both to you and the patient.

Option E: Getting a court order is not necessary at this stage. Court order for guardianship may be required later for guardianship issues or consent to treatment.

38
Q

You are a surgeon in the emergency department. A 71-year-old man with documented history of Alzheimer disease, who lives with his daughter, is brought to you. The patient is confused, cannot communicate with you, and does not appear to understand the situation. He is in urgent need for an immediate colostomy. You try to reach his daughter on the phone for consent but she is not available. Which one of the following is the most appropriate next step in management?

A. Proceed with the surgery.
B. Wait until you can find the daughter and obtain consent.
C. Do not perform the surgery.
D. Perform the surgery after signatures from two other doctors.
E. Apply the case to the court for guardianship.

A

A. Proceed with the surgery.

In emergency situations, when the patient is permanently or temporarily unable to give consent, and there is no carer or guardian or next of kin available to obtain consent from, and delaying the treatment will pose risk to patient’s health, treatment can be provided without consent. This is based on the principle of duty of care and the patient’s best interest, and assuming that the patient’s or his/her carer would consent to treatment if he/she was present. However, if there is an advanced care directive made in the past by the patients, the instruction contained in that must be followed.

Option B: In emergency situations, slightest delay may be associated with increased risks to the patient’s health; therefore, wasting time waiting for the daughter to arrive for consent would be inappropriate.

Option C: While this patient is in need for emergency treatment, deferring the surgery is not appropriate.

Option D: You are the healthcare professional responsible for the care and health of the patient and no approval from other doctors is required.

Option E: Application of the case to the guardianship court in instances where a patient is in need for emergency treatment is not appropriate, as delay in treatment is against duty of care and the patient’s best interest.

39
Q

A pregnant woman has presented for an antenatal visit. During the session, she admits to being beaten by her husband at home. She adds that her husband is an alcoholic and aggressive and sometimes he even punches and kicks her. However, he is very careful not to leave any marks or bruises as a proof of physical abuse. Which one of the following is the most important step in response to this woman’s alleged situation?

A. Call the police.
B. Admit her to the hospital.
C. Talk her into calling the police.
D. Talk to her husband.
E. Refer them for marital counselling.

A

B. Admit her to the hospital.

Domestic violence in pregnancy is a common, chronic, complex social problem which is present in all cultures. For many women, pregnancy and the postpartum period exacerbates the violence and threats within their relationship. A violent and jealous partner may form an aggressive behavior towards the pregnancy because he is not prepared to ‘share’ her. Financial or sexual pressures may also be more compromised by the pregnancy.

An abusive partner will often target the breasts, stomach and genitals of their pregnant partner. Often the abuse will start with the first pregnancy, and as a result the woman may avoid prenatal check-ups. Women who do not seek antenatal care until the third trimester should raise a suspicion of domestic violence.

Abused pregnant women are twice as likely to miscarry compared to non-abused pregnant women. Other obstetrics complications such as preterm labor and placental abruption are also more likely to occur in such women. In addition to measures taken for non-pregnant victims of domestic violence, obstetric assessment and interventions should also been considered, including an assessment of risk of physical harm to a pregnant woman and her fetus from domestic violence. Most of the time, it is not safe for the pregnant woman to return home. In such situation, an emergency admission can be made as a ‘place of safety’.

Admission secures the safety of the woman and her fetus for now, and provides a window of opportunity not only for a full assessment of the potential injuries to her and the fetus, but also for discussing the effects of abuse on her pregnancy and the fetus’s wellbeing as well as offering different options for help and improving her condition.

Option A: This woman is a competent adult. Calling the police without her consent is not appropriate unless there is imminent risk to her health or when there is serious injuries such as lacerations, broken bone, gunshot wounds or stab wounds. She does not have such injuries and is safe while in your office.

Option C: This woman should be advised to inform the police directly and report her problem because the police may be able to provide more information about the patient’s legal options. The patient should be informed that in many cases she will be able to activate or withdraw from criminal proceeding later. Medical practitioner should also offer to report the incident to the appropriate authorities, including the police if the patient wants this. However, it is important to respect their wishes and not pressure them into making any decisions. Any options suggesting reporting to the police by the treating doctor without the patient’s consent or urging or pushing the patient to call the police is incorrect. Options should be fully explained but decision must be left to the patient.

Option D: Talking to the husband is not appropriate at this stage because in most cases such intervention escalates the situation and jeopardizes the woman’s condition.

Option E: Referring the woman for marital counselling may imply that the violence is the woman’s fault. However, it may be considered later in the course of treatment.

40
Q

Martha, 54 years old, is a patient of yours, who has come to your office today for a health check. During the session you notice that she is sad and worried, and is vaguely trying to communicate about her concerns. Further probing reveals the issue. Her 16-year-old son is an addict and a drug dealer. She has been frequently beaten by him when she refuses to give him money for drugs. Which one of the following is the most important next step to consider regarding her problem?

A. Call the police.
B. Tell her to seek shelter in a women’s refuge center.
C. Inform the child protection service.
D. Admit the son to a rehabilitation center.
E. Arrange an appointment with the son.

A

B. Tell her to seek shelter in a women’s refuge center.

Of the options, advising Martha to seek shelter in a women’s refuge center is the most appropriate one. She must move from the violent environment to stay with a relative or friend or a women’s refuge center to reduce the risk of further harm while further action and follow-up is planned for her.

Option A: Although it is important that Martha is informed of her legal options, including calling the police, this cannot be done without Martha’s consent. Every adult person is mandated by law to report to the police or relevant authorities if a belief is formed, based on reasonable grounds or upon disclosure by the victim that family violence has occurred or is occurring. However, if such issue is disclosed to a healthcare professional as a part of a therapeutic relationship, the healthcare worker often should not call the police without the patient’s consent. Exceptions must be made when there is an imminent serious risk to one’s health, or if there are children involved and in immediate risk.

Option C: Informing child protection services in not appropriate because the one requiring protection in this scenario is Martha not his son.

Option D: Admission of the boy to a rehabilitation center is not a priority compared with Martha’s safety and wellbeing, nor can it be done without the son’s consent.

Option E: Arranging an appointment with the son may be planned later on after discussion with Martha but does not take precedence over a safety plan for Martha’s safety.

41
Q

A 49-year-old married man is brought to the Emergency Department with internal bleeding from injuries sustained in a motor vehicle crash. The patient has been stabilized but requires blood transfusion prior to planned emergency surgery. When he is asked to give consent for the transfusion, he states that blood transfusion is forbidden in his religion. Which one of the following is the most appropriate next step in management?

A. Assess the patient’s decision-making capacity to refuse the transfusion.
B. Call the patient’s wife to obtain consent for the transfusion.
C. Call the Guardianship Court for consent.
D. Proceed with transfusion against the patient’s wish.
E. Talk to the patient about blood substitutes and ask him if he would like to consider them.

A

A. Assess the patient’s decision-making capacity to refuse the transfusion.

Competency Assessment:
- Key Components: Understanding, appreciation, and reasoning.
- First Step: Assess if the patient is competent to make decisions about their treatment.

Patient Autonomy:
- Competent Adults: Have full control over their bodies and can refuse life-saving treatment.
- Minors: Life-saving or limb-saving treatments can be performed without parental consent.

Alternative Measures:
- If competent, discuss other treatments like Hemacil® or intravenous fluids with the patient.

Guardianship Court:
- Consulted when a patient lacks competency, has no advance directives, and there is conflict regarding treatment decisions.

A 35-year-old competent woman refuses a life-saving blood transfusion due to personal beliefs.

  1. What is the first step in managing this situation?
    • A) Administer the blood transfusion against her will
    • B) Assess her competency to make this decision
    • C) Consult the guardianship court
    • D) Inform her family and seek their consent
    • E) Initiate intravenous fluids immediately
    Answer: B) Assess her competency to make this decisionExplanation: The first step is to ensure that the patient is competent to make her own decisions.
    • Why not A): Competent adults have the right to refuse treatment.
    • Why not C): Guardianship court is involved when the patient lacks competency.
    • Why not D): Family consent is not required if the patient is competent.
    • Why not E): Alternatives can be discussed after confirming competency.

A competent adult patient refuses a blood transfusion but is willing to consider other treatments.

  1. What is the next appropriate step?
    • A) Respect the refusal and provide no further treatment
    • B) Initiate a blood transfusion anyway
    • C) Discuss alternative treatments like Hemacil® or intravenous fluids
    • D) Seek court intervention to administer the transfusion
    • E) Discharge the patient against medical advice
    Answer: C) Discuss alternative treatments like Hemacil® or intravenous fluidsExplanation: If the patient is competent and refuses blood transfusion, alternative treatments should be considered and discussed.
    • Why not A): Other treatments may be acceptable to the patient.
    • Why not B): This would violate the patient’s rights.
    • Why not D): Court intervention is not needed if the patient is competent and alternatives are available.
    • Why not E): Discharge should not occur without exploring all treatment options.

A minor requires a life-saving blood transfusion, but the parents refuse consent.

  1. What is the most appropriate action?
    • A) Respect the parents’ decision and provide no treatment
    • B) Consult the guardianship court immediately
    • C) Administer the blood transfusion without parental consent
    • D) Discharge the minor against medical advice
    • E) Provide alternative treatments only
    Answer: C) Administer the blood transfusion without parental consentExplanation: Life-saving treatment for minors can be performed without parental consent.
    • Why not A): The minor’s life is at risk and needs treatment.
    • Why not B): Immediate action is required to save the minor’s life.
    • Why not D): Discharge is not appropriate without life-saving treatment.
    • Why not E): Alternative treatments can be considered but should not delay life-saving measures.

A 70-year-old man with impaired judgment and no advance directives requires urgent medical treatment, but family members disagree on the course of action.

  1. What is the most appropriate step?
    • A) Follow the wishes of the closest family member
    • B) Seek immediate court intervention for guardianship
    • C) Administer the treatment based on the physician’s judgment
    • D) Discharge the patient and ask the family to decide
    • E) Provide only palliative care
    Answer: B) Seek immediate court intervention for guardianshipExplanation: Guardianship court is consulted when there is a lack of competency and a conflict among family members regarding treatment.
    • Why not A): The closest family member’s wishes may not be legally binding.
    • Why not C): Physician’s judgment should align with legal protocols.
    • Why not D): Discharge is not appropriate in an urgent situation.
    • Why not E): Palliative care may not be sufficient if urgent treatment is needed.

According to Australian law every competent adult individual has full control over his/her body even if this means refusing life-saving treatment. There is no exception to this rule if the patient is competent; therefore, the first step would be assessing the patient’s competency to make decisions. Decision-making capacity includes understanding, appreciation and reasoning.

Once the patient is proved to be competent, other measures such as transfusing Hemacil® or other intravenous fluids may be considered and discussed with the patient.

NOTE - It should be borne in mind that although parents of an underage individual are required to consent to the treatment, this will not apply if the treatment is life-saving or limb-saving. In other words, if the patient in the vignette was a minor, blood transfusion should be performed against the parent’s will.

Guardianship court is consulted when patient lacks competency either due to impaired judgment or suppressed level of consciousness and there is no advance directives and there is conflict between family members and the treating physician, or between the family members themselves.

42
Q

A 32-year-old woman presents to your GP practice with complaints of disturbed sleep, colicky abdominal pain and headaches. During examination, you notice several bruises over her arms, legs and chest. Upon further inquiry, she confides in you that she has been beaten by her husband and this happens almost every few days. She then breaks in tears and tells you that she feels helpless and hopeless and is living in constant fear and stress. She insists that you not tell anybody about this, especially the police. Which one of the following is the most appropriate next step in management?

A. Take photos of the bruises.
B. Call the police.
C. Tell her that she should call the police.
D. Give her the contact numbers for a safe shelter.
E. Counsel her about domestic violence.

A

E. Counsel her about domestic violence.

Definition of Family Violence:
- Coercive and controlling behavior by a family member causing physical, sexual, and/or emotional harm.
- Forms include partner violence, child abuse, elder abuse, and sibling abuse.

Key Steps in Managing Disclosure:

  1. Establish Trust and Rapport:
    • Be empathetic and non-judgmental.
    • Explain the illegal nature of violence clearly.
  2. Counseling:
    • Ensure the patient understands that violence is a criminal offense.
    • Empower the patient to take control of the situation.
  3. Documenting Evidence:
    • Record patient’s account and physical exam findings.
    • With patient’s consent, photograph injuries.
    • Documentation is important for legal proceedings but should follow initial counseling.
  4. Discussing Legal Options:
    • Inform the patient about the possibility of calling the police and other legal steps.
    • Respect the patient’s decision and confidentiality unless there’s an imminent risk or children involved.
  5. Safety Planning:
    • Create a safety plan, including emergency numbers and safe places to go.
    • Advise the patient to consider staying with family or friends or seeking shelter in a refuge center.

A 32-year-old woman discloses that she is experiencing domestic violence from her partner.

  1. What is the most appropriate initial step?
    • A) Document the physical findings and take photographs immediately
    • B) Call the police without her consent
    • C) Counsel her about the nature of domestic violence
    • D) Encourage her to inform the police
    • E) Develop a safety plan
    Answer: C) Counsel her about the nature of domestic violenceExplanation: Establishing understanding and trust is essential before other steps.
    • Why not A): Documentation should follow initial counseling.
    • Why not B): Police involvement should be with patient’s consent.
    • Why not D): Informing the police is important but should be the patient’s decision.
    • Why not E): Safety planning is crucial but comes after initial counseling.

After counseling, the patient consents to documenting her injuries.

  1. What should be included in the documentation?
    • A) Only a written account of the events
    • B) Written account and physical findings
    • C) Physical findings only
    • D) Written account, physical findings, and photographs of injuries
    • E) Photographs of injuries only
    Answer: D) Written account, physical findings, and photographs of injuriesExplanation: Comprehensive documentation can serve as vital evidence if the patient decides to press charges.
    • Why not A): Physical findings are also crucial.
    • Why not B): Photographs provide visual evidence.
    • Why not C): Written account adds context.
    • Why not E): Written and physical findings add detail.

The patient is unsure about involving the police.

  1. What is the best next step?
    • A) Call the police immediately
    • B) Respect her decision and provide information about legal options
    • C) Discharge her without further action
    • D) Report to authorities without her consent
    • E) Force her to contact the police
    Answer: B) Respect her decision and provide information about legal optionsExplanation: Respecting the patient’s autonomy while informing her of legal options is essential.
    • Why not A): The patient’s consent is needed.
    • Why not C): Further support is necessary.
    • Why not D): Confidentiality should be maintained unless there’s imminent risk.
    • Why not E): Patients should not be coerced.

The patient is not ready to leave her partner immediately.

  1. What should be discussed next?
    • A) Immediate police intervention
    • B) Documentation of injuries only
    • C) Development of a safety plan
    • D) Ignoring the situation until she decides to leave
    • E) Advising her to confront her partner
    Answer: C) Development of a safety planExplanation: A safety plan is crucial for the patient’s immediate and future safety.
    • Why not A): Police intervention should be patient-led.
    • Why not B): Documentation is important but not the next step.
    • Why not D): The situation should not be ignored.
    • Why not E): Confrontation may increase risk.

Family violence is a coercive and controlling behavior by a family member that causes physical, sexual and/or emotional damage to others in the family, including causing them to live in fear and threatening to harm people, pets or property. Family violence is most perpetrated by one partner towards another, or by an adult towards a child. Other forms include elder abuse or sibling abuse.

Establishing trust and rapport is of significant importance when domestic violence is disclosed by a patient. Doctors should be empathic, avoid judging the patient and be direct about the illegal nature of violence. Some patient might believe that the bad attitude toward them is their fault. The victim of domestic violence should be counselled properly and openly about the nature of domestic violence. They should fully understand that assault, in any form, occurring between family members is a criminal offence, unacceptable and prosecutable, and that they can take steps to control the situation as the most appropriate next step in management of the situation.

Option A: Recording the patient’s explanations, physical exam findings and, with the patient’s consent, taking photographs of the injuries is an important step. Such documents can be used as invaluable pieces of evidence in a court of law if the patient decides to press charges against the perpetrator. However, she will feel more confident and experiences mutuality if they are consulted beforehand. Although documenting the account of the event and the injuries is important, it is better done after counselling.

Option B: It is important that she learns her legal options, including calling the police. However, this cannot be done without her consent. By law, every adult person is mandated to report to the police or relevant authorities if they are sure or highly suspected that family violence has occurred or is occurring. Healthcare professionals, especially doctors, are exceptions to this rule because such disclosures to a healthcare professional occurs based on a therapeutic relationship, with confidentiality as a cornerstone of this relationship. Confidentiality cannot be breached without the patient’s informed consent unless there is an imminent serious risk to their health, or if there are children involved and in immediate risk.

Option C: Victims of domestic violence have legal options including informing the police. Patients should be made aware of such options and encouraged to use them based on their own decisions. This, however, is best if advised after appropriate counselling.

Option D: If the patient is reluctant to contact authorities such as the police, family violence services, or other relevant authorities, making a safety plan with the patient is a very important next step. A safety plan may include making a list of emergency numbers and considering a safe place for the patient to go to and how the patient will get there. Such issues can be brought up and discusses after appropriate counselling. She should also be advised to leave the violent environment and stay with a family or friend, or to seek shelter in a refuge center as soon as possible.

RACGP - The White Book - VIolence and the Law

43
Q

You are an intern in the surgery ward. There is an attending surgeon, who has had several anger outburst since you started the ward. Once he becomes angry, he shouts at ward nurses and other staff. At one occasion, he confronted an operating room nurse during a surgery due to what he believed was irresponsibility from the nurse. When she tried to explain to him, he became angry and left the operating room after he shouted and insulted the nurse. Which one of the following is the best action you should take?

A. Talk to the surgeon directly.
B. Talk to one of the attending surgeons.
C. Raise the problem at the interns meeting.
D. Report to the director of clinical training.
E. Report to the hospital manager.

A

D. Report to the director of clinical training.

In case an intern has any concerns regarding any supervision, lack of guidelines, problems with education and training, observation of misconduct by other interns, registrars, consultants, and other colleagues, or any conflict in workplace, the problem should be reported directly to the supervisor of intern training or the director of clinical training and advice is sought from him/her. These persons can also play a pastoral role in such events in giving advice regarding the situation or reporting the matter if deemed necessary. An supervisor of intern training or a director of clinical training is often the first point of contact for interns.

Option A, B and E: Talking to the surgeon directly , or to one of attending surgeons , or reporting to hospital manager are decisions that should be left to or at least made after consultation with the supervisor of intern training or the director of clinical training.

Option C: Raising the issue at the intern meeting leads to unnecessary publicizing of the issue that could be addressed in a more personal and confidential manner.

44
Q

During your shifts, you come to know that one of the interns in your ward has been giving inappropriate doses of medications to patients at different occasions for the past several weeks. Which one of the following is the best action to take?

A. Talk to the intern about your concern and his mistake.
B. Report to the supervisor of intern training.
C. Tell the ward nurse to help the intern.
D. Report to Medical Board.
E. Report to the hospital manager.

A

B. Report to the supervisor of intern training.

Issues related to interns in a hospital or clinic, whether it is impairment, misconduct, or mistakes are often directly reported to the supervisor of intern training (SIT) or director of clinical training. One exception is where there is immediate and serious risk to the wellbeing or safety of patients or other staff, in which case action should be taken immediately. For example, if you witness that an intern is about to administer an inappropriate dose of the drug you should tell him/her about it before he/she can put more risk to the patient’s health.

NOTE - It is the responsibility of the SIT or the director of clinical training to notify the relevant authorities such as AHPRA in case of any notifiable misconduct or impairment.

45
Q

You are a general practitioner in a general clinic. Albert and Mandy, husband and wife, are your regular patients. Albert has diabetes and recently survived a myocardial infarction. Mandy has come to you today, and shows you a will that she says is signed by Albert. She says that Albert has made changes to his previous will and now this his new will signed by him. She asks you to sign the will as witness. What should be your response to her request?

A. Sign the will.
B. Refuse to sign the will.
C. Call Albert and ask if he confirms the will.
D. Seek legal advice from your medical indemnity.
E. Ask you clinic manager if you can sign the will.

A

B. Refuse to sign the will.

Under succession law, a will must be signed in front of at least two people as witnesses. This is required by the legal formalities for making a valid will. The purpose of witnesses for a will is provision of a safeguard for prevention of fraud and forgery.

Any person above the age of 18 years with mental capacity and credibility to give evidence in a court of law can witness a will. The only exceptions are those who are unable to see (for example are visually impaired) to see the act of signing and those who will inherit under the will. The latter however has been changed is some states. For example, in Victoria, someone who will benefit under the will can sign as a witness.

The process of witnessing a will is as follows:
* First, the will-maker must sign the will in front of two or more witnesses, all present at the same time and in the same place.
* Witness must be mentally competent and be able to see the will-maker make their signature.
* At least two witnesses having attested the will then sign their names in confirmation that the will-maker’s signature, made in their presence, was genuine.

For you, the most appropriate response to Mandy’s request must be refusal to sign the will, because you have not witnessed Albert’s signing the will in person. You must tell Mandy that you cannot witness the will because the signature was not made in your presence and you cannot witness something you have not witnessed. Moreover, you should tell Mandy that only your signature as a witness cannot validate the will because at least two witnesses must be present at the same time and in the same place for a valid witnessing process to the will.

Calling Albert to ask if he confirms the will (option C) is incorrect too. Even if he says that: “it is OK doc. This is my signature and you can go ahead” you cannot still witness the will because you have not seen him in person signing the will.

Signing the will (option A) is the most inappropriate action to take. Signing as a witness what you have not witness is ethically and professionally wrong.

It is better to be familiar with some basic legal concepts that may arise in your daily practice. In this case, the issue is quite straight forward and based on common sense. As an ethical basic you cannot witness something you have not personally witnessed. The case is so clear that no further action including seeking legal advice from your medical indemnity (option D), or asking your clinic manager if you can sign the will (option E) is required. Calling your medical indemnity for this issue is like you call them to ask if you can tell a lie.

However, in cases where you are unsure about what to do, seeking legal advice from available reliable resources such as your medical indemnity sounds reasonable and wise.

46
Q

You are a hospital medical officer (HMO) in a public hospital. An intern in your ward approaches you and says he has just started his rotation in this ward and has been under lots of stress lately. He cannot get enough sleep and feels down and irritated most of the time. He asks you for a prescription of some benzodiazepine to help him out. Which one of the following should be the most appropriate response at this situation?

A. Report him to the coordinator of interns program.
B. Report him to the medical board.
C. Ask him to see his general practitioner (GP).
D. Prescribe benzodiazepines for him.
E. Refer him to a support group.

A

C. Ask him to see his general practitioner (GP).

Most interns find their intern year enjoyable and satisfying but it will also be intellectually, physically and emotionally challenging at times. It is advised that interns speak to others around them who have been or are going through similar experiences for the best advice.

When a doctor, including interns and medical students, feels unwell either physically or emotionally, the best advice to give is seeking professional help. Like everybody else, healthcare professionals should have a regular general practitioner (GP) as their first point of contact with the healthcare system. This holds true about this situation as well. You should encourage this troubled intern to see his GP, or if he does not have any, it is about time he had one.

The Medical Board, as a part of code of conduct and good medical practice for medical practitioners recommends against self-assessment when it comes to the doctor’s own medical care and advocates consulting with an independent doctor for professional advice.

Option A: Reporting to the coordinator of interns program is the option when you form a reasonable belief that the intern’s condition is jeopardizing the patients’ care and health, which is not the case here. He, with good intentions, has sought help for his problem, and you have not witnessed or been informed of him putting patients at risk, or deviating from professional manner.

Option B: Although interns hold a provisional registration with the Australian Health Practitioner Regulation Agency (AHPRA), notifications should be made to the manager or coordinator of interns program in the hospital they are working, and not directly to the AHPRA and the medical board.

Option D: This intern should be advised to go through the standard path of healthcare as for every member of the community. Any prescription of therapy for him should only be done after a full evaluation of different aspects of his problem. Therefore, prescription of therapies of any kind, prior to this assessment is inappropriate and an incorrect option.

Option E: Although referral to a support group seems a benign and harmless option in this situation, it is better to be left to the intern’s GP for discussion, and offered by someone who is fully in charge of his medical care.

47
Q

A 14-year-old girl presents to you, accompanied by her mother, for a health check. She asks to be examined alone without her mother in the room. During the examination, she requests a Chlamydia test. Based on your assessments, she appears to fully understand the test and the impact of the results. You take a swab to send to a local laboratory. After one week you receive the test result which is negative. Today, the mother has called your office, and tells you that she knows about her daughter being tested for Chlamydia and she wants to know the result. Which one of the following would be the most appropriate response to her request?

A. Do not tell her.
B. Tell her that the test result is negative.
C. Tell her that the results have not come through yet.
D. Ask her to come with her daughter for the next appointment.
E. Tell her that you can disclose the results only to her daughter.

A

E. Tell her that you can disclose the results only to her daughter.

According to Common Law, there is a presumption that minors (people under 18) lack the competence to consent to medical treatment; however, if the minor can show they have competence, the law will treat them as having the right to consent to treatment. In other words, a person aged 18 or older is competent until proven otherwise, while a person under 18 years is defined incompetent unless the treating physician, through assessment, forms a belief that the minor has sufficient understanding and intelligence to enable him or her to understand fully what is proposed. This test is sometimes referred to as the Gillick competence test, and the minor is referred to as Gillick-competent minor or mature minor.

There is another important issue in the scenario that should be considered as well. Sexually transmissible diseases (STIs), unwanted pregnancies, prenatal care, substance misuse and mental disorders are major health problems which can occur in the adolescence. These are delicate and sensitive issues for which early intervention is desirable. However, adolescents’ concerns about confidentiality can be a barrier to their accessing health services. When adolescents understand a service is confidential, they are more likely to disclose information about behaviors that may put or have put their health at risk, to seek health care, and to return for follow-up. For termination of pregnancy in minors, however, additional specific rules apply.

This girl has concerns about Chlamydia (an STI) and asked you to be tested in private and without her mother knowing of that. Since she has not given you the explicit consent to inform her mother of the issue, giving any information in this regard to the mother would be a breach of confidentiality and inappropriate. This could ruin the trust the girl has put in you and make her reluctant to ever come back for treatment and consultation should she have any other health issues. Considering this fact, the most appropriate response to the mother’s request is to mention her daughter’s right of confidentiality and the fact that you can disclose the results only to her daughter. The mother knows about the test and it is likely that the daughter has told her about it. Nonetheless, this should not lead to disclosure of the test results just based on this probability.

More importantly, once a minor is considered Gillick-competent or mature, he/she is entitled to the same confidentiality of medical information as an adult patient.

Option A: Although by not telling the mother confidentiality is preserved, this option is not appropriate because not only should you not tell her, but you had better explain why you cannot do so. You need to come clear with her about the confidentiality issue and that it is her daughter’s decision is she wants to inform her of the test results.

Option B: Once a mature minor is considered mature, as in this case, he/she entitles confidentiality, and giving any information regarding diagnosis, treatment or prognosis to anyone but the patient is a breach of this confidentiality and inappropriate.

Option C: This option includes giving false statements which is unprofessional and inappropriate.

Option D: Asking the mother to come with her daughter for the next appointment is not appropriate. This is a decision the daughter should make. The girl might want to come alone for discussion in a more private visit while she is not concerned about her mother’s presence.

48
Q

Glen is a 32-years old patient of yours who has been recently found out to be HIV positive. Maggie, his wife, is also a patient in your office. In the last visit and after telling Glen about his diagnosis and counseling about treatment options and preventive measures, you advised that he should tell her wife about his diagnosis and that she needs HIV testing, and if positive, treatment. Despite full explanations about the risks to his wife and the methods to inform her, he still refuses to tell his wife because he believes this could ruin their marriage and that he cannot afford losing her in such situation. You again explain to him that it is necessary for her good. He still refuses. Which one of the following would be the most appropriate next step in management?

A. Inform health authorities.
B. Inform his wife.
C. Respect his confidentiality.
D. Tell him that she should practice safe sex as of now.
E. Apply for a court order for notification.

A

A. Inform health authorities.

Contact tracing of sexual partners has a crucial role in management of sexually transmissible infections (STIs). Initiation of contact tracing is the responsibility of the diagnosing clinician.

The objectives of contact tracing include the following:
* To prevent re-infection of the index case
* To treat the possibly infected contacts and minimize complications in them
* To reduce the population prevalence of STIs in the community

Contact tracing starts with a conversation with the index patient about informing their partners. The patient can decide to inform their own contacts (patient referral) or organize for someone else to inform them (provider referral). Patient referral is the most common type of contact tracing used in general practice. For this type of contact tracing to be successful, it is important that the diagnosing doctor informs the patient about who needs to be informed and what information needs to be given. If the patient decides to use provider referral, the diagnosing doctor can collect the contact person’s details and either notify the contacts themselves or pass the details to a practice nurse or a sexual health clinic who can undertake this.

Both methods can be anonymous or not, and both can be performed using a range of methods including in person, telephone, SMS, email or letter. Either method is acceptable. While patients are usually willing to inform regular partners, for casual contacts or ex-partners often other non-direct methods are elected.

However, due to significance of HIV, provider referral is the preferred method for contact tracing in a patient with HIV infections. Contact tracing starts with recent sexual or needle-sharing partners. Outer limit is the onset of the risky behavior or last known negative HIV test result. If the index patient has donated or received blood products, semen, or body tissue, the relevant authority should be contacted as well. For those whose HIV has been detected due to a recent TB diagnosis, contact tracing for TB contacts is also important.

If, despite adequate consultation about the importance and means of informing sexual contacts, the index case refuses to use either patient referral or provider referral to inform his/her contact, it is the responsibility of the diagnosing doctor to start contact tracing without the patient’s consent. The method to consider first is notification of the authorized body in that state. Such authorities either take the matter in hand, or delegate the matter to the diagnosing doctor, a nurse practitioner, or a suitably qualified and experienced counselor.

Depending on the state such authorized bodies are:
* Australian Capital Territory (ACT): Chief Health Officer
* New South Wales (NSW): Director General of NSW Health
* Queensland (QSL): Chief Executive of QLD Health
* South Australia (SA): Clinic 257 Contact Tracing Officer – the doctor can notify directly or may refer the patient
* Victoria: Partner Notification Officer
* Western Australia (WA): regional Public Health Units

NOTE - The Tasmanian Act states that a medical practitioner who becomes aware that his or her HIV-positive patient has not taken all reasonable measures and precautions to prevent the transmission of HIV may, after consultation with an approved specialist medical practitioner, inform any sexual contact of that HIV-positive person, and will not be liable to any civil or criminal liability in relation to that action.

This patient has refused to inform his wife despite being consulted about the importance of contact tracing and the means it can be done but still ignores your instructions. In such circumstance, the most appropriate action would be informing the wife through notifying an authorized body defined by the health department.

Option B: Informing the patient’s wife directly is not an appropriate option unless such responsibility is delegated by the authorized body in the health department, or after consultation with institutional ethics committee and discussion with the medical defence organization before disclosure. If direct notification is approved after the above processes, the doctor should provide the patient with written advice that he/she must notify the partners because if he/she refuses the doctor will do that.

Option C: Refusing to inform sexual partners is a decision that puts others at risk and forms one of the exceptions to patient-doctor confidentiality. By the law, the diagnosing physician has a duty of care for the patient’s sexual partners and has to notify the relevant authorities if the patient refuses to do so.

Option D: Safe sex practice is an appropriate advice to give every patient with or without an STI but does not eliminate the need for contact tracing and mandatory notification.

Option E: Contact tracing for a notifiable disease against the patient’s will does not need a court order. The diagnosing physician can notify relevant authorities if, after complete explanation of the importance of contact tracing and its different methods, the patient refuses to inform contacts.

49
Q

A mother brings her 16-year-old daughter for assessment of her knee pain. In the examination room and while you are examining the girl, she privately tells you that she has had unprotected sex and asks for Chlamydia testing. You take a swab for testing and send it to the laboratory, the result of which comes back positive. Few days later, the mother calls you and says that her daughter has told her all about it and the test you performed and wants to know the test results. Which one of the following is the most appropriate action you should take?

A. Tell the mother about the test result.
B. Tell her: “I cannot tell you anything about your daughter’s test results. No STD test result can be discussed or revealed over the phone, not even to the patient.”
C. Tell her: “please ask your daughter to call for the results.”
D. Tell her: “please bring your daughter for another appointment.”
E. Tell her: “you should come over for test results because the issue cannot be discussed over the phone.”

A

C. Tell her: “please ask your daughter to call for the results.”

Although the age of maturity is 18 years old according to the Common Law, younger individuals can still consent to their own medical and dental treatments if they adequately understand what is proposed as treatment, its consequences and the material risks associated with it. This is referred to as ‘Gillick competence rule.’ The term Gillick-competent or mature minor is used for such minors. As a rule, minors mature enough to consent are medicolegally owed the same duty of confidentiality as adults. Confidentiality becomes even more important in this age group because major health problems which can occur in adolescence include sexually transmissible diseases, unwanted pregnancies, substance misuse and mental disorders. These are delicate and sensitive issues for which early intervention is desirable. However, adolescents’ concerns about confidentiality can be a barrier to their accessing to health services. When adolescents understand a service is confidential, they are more likely to disclose information about behaviors that may put or have put their health at risk, to seek health care, and to return for follow-up.

Understandably, parents have an interest in being informed of and knowing about their children’s health problems. However, disclosure of such information without the adolescents’ consent will have negative effect on therapeutic relationship between the treating doctor and the patient. Most studies show that a considerable number of adolescents did not visit their healthcare providers – despite wanting to do so – because they were worried that their parents would find out.

In approach to such health issues in adolescents, the most appropriate approach is encouraging the young person to involve at least one parent as an understanding parent is an invaluable source of support and relief; however, if the minor refuses, confidentiality should be respected and not breached.

NOTE - There are exceptions to confidentiality even if the minor has not consented to. These exceptions may arise when there is a serious and imminent threat to the life or health of the individual (e.g. suicide) or another person (e.g., homicide or transmission of serious infectious diseases.

NOTE - In practice, doctors should always encourage adolescents to inform their parents, particularly for complex or complicated issues because parents are generally best source of support for their children. However, if, despite encouragement, an adolescent refuses to inform his or her parents, confidential health care can be provided as long as the doctor is satisfied that the adolescent is a mature minor and that the treatment offered is in the adolescent’s best interests. In profound or life-altering procedures, such as sterilization (in a person with intellectual disability) or gender reassignment, not even parents can consent on behalf of their child; the Family Court must decide.

This girl requested Chlamydia testing in private, implying that she wanted the issue to be confidential. However, even if the mother was present and aware of the test, disclosure of the test result to anybody other than the girl without her expressed consent would be inappropriate and should be avoided; therefore, the most appropriate response to the mother’s request is that you are not allowed to tell anybody but her daughter about the results and she should personally call or come for that. She can ask the test results from her daughter after they are discussed.

Option A: Telling the mother about her daughter’s test result is a breach of confidentiality and not appropriate.

Option B: Although you should not tell the mother about the test result, this is due to confidentiality issues, and not because an STD test result cannot be discussed over the phone.

Option D: The decision as to whether the girl’s mother accompanies her in the next appointment should be made by the girl. The next visit is very likely to include discussion about treatment option, safe sex education and arrangement for follow-up visits. These cannot be productively and efficiently discussed in the presence of the mother unless the girl willingly consents to.

Option E: You cannot tell the mother about the test results over the phone, in person or in any other way, unless the girl has consented to disclosure.

50
Q

An 18-year-old Aboriginal man is brought to the Emergency Department of a local hospital. He is very agitated, hostile, and aggressive. When approached for care, he becomes even more distressed and starts yelling at the staff and threatening to kill them if they touch him. Verbal de- escalation fails to calm him down. After calling the security staff to take over the situation, which one of the following would be the most appropriate next step in management?

A. Discharge him.
B. Call the police.
C. Involuntary admission to the hospital.
D. Asking for an Aboriginal health worker.
E. Restrain him.

A

D. Asking for an Aboriginal health worker.

According to risk management protocol in Australia, calling the security is the most appropriate step if verbal de-escalating fails. However, the situation with Aboriginals and Torres Strait Islanders is different. Aboriginal hospital experience can be very stressful for Aboriginals and also bewildering for health workers.

In such cases, Aboriginal and Torres Strait islander hospital liaison officers (IHLO’s) play an important role in making rapport and building relationship with Aboriginal patients. Therefore, it is strongly recommended that prior to any physical restraining or contacting the police, the IHLO or Aboriginal health worker is contacted to be present and de-escalate the situation.

The main reason for such necessity is the cultural differences and the familiarity of Aboriginal health workers with the background and sensitivities of this group. For example, while a caring eye contact is usually perceived as empathy from an aggressive patient, it is unacceptable and provoking for Aboriginal Australians.

The security staff also must be present in case they are needed but no intervention should take place as long as possible, and until the Aboriginal health worker takes over.

Other options may be considered after appropriate intervention by and advice from an IHLO or Aboriginal health worker.

51
Q

You are assessing a patient presenting with pilonidal sinus cyst. He gives consent to you taking a photo of the lesion and use it only for assessment of his condition. Regarding his consent, which one of the following are you legally allowed to do with the photos?

A. Saving the photo on your mobile phone to assess the clinical course of the condition.
B. Transferring the photo to a colleague’s phone for consultation.
C. Sharing the photo on your social media.
D. Sharing the photo in a group of medical doctors as a case.
E. Using the photo for an academic conference.

A

A. Saving the photo on your mobile phone to assess the clinical course of the condition.

  • Obtain Consent: Before taking any photos, get the patient’s consent.
  • Inform the Patient: Explain how the images will be used and disclosed.
  • Respect the Agreement: Only use the images for the purposes agreed upon by the patient. Breaching this agreement is a serious confidentiality violation.
  • Protect Information: Ensure images are secure from misuse, interference, unauthorized access, modification, or disclosure.
  • Security Settings: Make sure the mobile device’s security settings are adequate to protect the photos.
  • Control Use and Disclosure: Carefully consider how images will be used and shared, especially through apps or social media.
  • Permitted Use: If the patient consents only for clinical assessment, do not share images on social media, in groups, or at conferences.
  • Consultations: For consultations, do not send images directly to another healthcare provider’s smartphone. Use secure and approved platforms to maintain control and security of the images.
  • Remove Identifiers: De-identify images by removing any information that could identify the patient, including unique characteristics like facial features, rare medical conditions, physical markings, or tattoos.
  • Always get and respect patient consent.
  • Protect and secure patient images.
  • Only use and share images within the agreed-upon terms and secure environments.
  • De-identify images to avoid privacy issues.

These days, with the widespread use of smartphones and tablets with digital camera, clinical photography has become part of day-to-day clinical practice. Using this feature requires meticulous consideration of the following:

Patient’s Consent
Before taking any images, appropriate consent from the patient must be sought and obtained. When seeking consent, it should be made sure that the patient has all the information they need to make an informed decision. This includes information about how the image might be used and disclosed in the future. The patient can decide for what purposes, and under which circumstances the image(s) are or may be used. Any agreement with the patient should be strictly respected and any breach of that constitutes a serious breach of confidentiality.

Security of Images
Reasonable steps should be taken to protect the personal information from misuse, interference, unauthorized access, modification, or disclosure. A healthcare provider who stores photos involving personal information on a mobile phone or tablet will need to make sure that their security settings are adequate to protect the information. Images of patients showing medical conditions are likely to be highly sensitive and it could be difficult to control how images are used and disclosed once they are shared through an app or on a social media. A health service provider should carefully consider whether they are able to maintain control of images and review the app’s or any other platform’s privacy policy, so they understand how the images will be used, disclosed and stored.

In this scenario, the patient’s consent only allows you to use the photos for assessment of the clinical course of the disease; therefore, you are not allowed to share your social media (option C), in a group of medical doctors as a case (option D) or use it for an academic conference (option E). Even if the intention of sharing the information is patient’s best interest such as consultation with another healthcare professional with a legitimate interest in the patient’s care, it should be carried out in an approved safe environment or platform.

On the other hand, there are instances when you need to consult a colleague with a legitimate interest in the patient’s care for the same purpose the patient has consented to. Even in such situations, transferring the photos to other healthcare providers’ smartphones (option B) is not appropriate because you can no longer ensure the safety and security of patient’s information after it is sent out, unless the information is shared where privacy and security of the data is guaranteed. By sending the photos to a colleague’s smartphone, you will lose full control of the data while still liable for any breach or misuse of them. If sharing the patient’s information is inevitable or necessary for the patient’s care, it should be taken place in an environment where safety and security of patient’s privacy could be guaranteed.

NOTE - De-identified information is not considered ‘personal information’ under the Privacy Act. An image can be de-identified by removing any information that might allow the individual to be identified, including rare characteristics or a combination of unique characteristics. This might include facial features and other distinctive physical details like a rare visible medical condition, physical marking or tattoo.

Australian Government – OAIC – Taking photos of the patient

52
Q

Mary and John, an infertile couple, finally manage to conceive IVF. They are in your office today for prenatal care and also to discuss whether they can sell the leftover eggs, sperms, and embryos. Which one of the following is correct regarding selling sperms, eggs, or embryos in Australia?

A. It is illegal to sell the embryos, but eggs and sperms can be sold.
B. It is legal to sell the eggs, sperms, and embryos.
C. It is illegal to sell sperms, egg, or embryos.
D. It is illegal to sell eggs and embryos but legal to sell sperms.
E. It is illegal to sell sperms, but embryos and eggs can be sold.

A

C. It is illegal to sell sperms, egg, or embryos.

In Australia, buying or selling organ tissues of any kind, including eggs, sperms, and embryos is illegal. Donations are allowed (no profit involved). However, the donor can request reimbursement for out-of-pocket expenses such as times away from work, travel expenses, etc. This is different from the United States where it is legal to sell or buy sperms and eggs, but trading embryos is illegal.

NHMRC - Organ and tissue donation by living donors

53
Q

Concerned parents of a 2-week-old male baby have brought him to the Emergency Department after he was found dead in the cot. Which one of the following should be considered first?

A. Notifying the coroner.
B. Notifying the police.
C. Reporting to the registry of deaths.
D. Filling out the cause of death form and issuing a death certificate. E. Notifying the child protection service.

A

A. Notifying the coroner.

The scenario represents neonatal death in a setting outside the hospital. Neonatal death is defined as death u until 28 days of age.

Investigation of any sudden unexpected neonatal death should include:
* Coroner notification
* Thorough maternal and infant medical histories
* Full autopsy examination by a forensic pathologist skilled in perinatal autopsy or a forensic pathologist in conjunction with a perinatal pathologist
* Investigation of the various scenes where incidents leading to the death might have occurred including the neonate/infant’s sleeping environment

Of the given options, notifying the corner is the next step to take.

There is no imminent risk involved; therefore, notifying the police (option B) is not justified, and neither is informing the child protection service (option E) as there no longer exists a child to protect.

Filling out the” cause of death” form (option D) when the cause is not still clear is incorrect and must be avoided.

54
Q

You are an intern in a psychiatric ward in a teaching hospital where you are approached by Melany who is a ward patient’s sister. She is quite distressed and worried as her brother just confided in her that he is going to kill himself and ‘end’ it tomorrow. She asks for help with that. Which one of the following would be the most appropriate approach in this situation?

A. Inform the police immediately.
B. Do not interfere as it is the patient’s wish and decision.
C. Advise her to persuade her brother to talk to you.
D. Call the intern program supervisor.
E. Talk to a senior doctor in the ward.

A

D. Call the intern program supervisor.

Suicidality is a grave risk in psychiatric patients. Studies suggest that suicide risk increases in the days and weeks following a psychiatric inpatient admission.

When dealing with patients at risk of suicidality, prompt measures should be taken to mitigate such risk. All such measures should be taken by experienced registered health practitioners. Since interns work under provisional registration and limitation, it is always recommended that they seek help from their assigned supervisors. Some tasks might not be included in the accredited intern position. In this scenario calling the intern program supervisor is the best option. They can also seek help from the senior doctor assigned to them, but not any random senior doctor in the ward (option E). The role of supervisors in intern training is to oversee, guide, and support the interns to ensure the patients’ safety and that of the interns.

There are occasions where the safety of the patient or others is at imminent serious risk and prompt action is required. In such circumstances, there are security and restraint protocols in hospitals that could be called to action. Informing the police (option A) is mostly limited to threats outside hospitals. Even such a decision should be made after seeking advice from the intern program supervisors if feasible. On the other hand, the patient’s plans are for ‘tomorrow’; therefore, it is not an imminent threat.

Suicidality always rules out competence. In other words, a suicidal patient is not capable of making reasonable decisions for themselves, and decision-making is almost always delegated. Suicide is not a wish or decision to be respected and followed as it comes from a lack of competence; therefore, not interfering because it is the patient’s wish and decision (option B) is incorrect.

Suicidal patients require thorough evaluation and therapeutic intervention. Only advising the patient’s sister to persuade him to talk to you (option C) is neither proper nor enough.

55
Q

An 85-year-old woman, a frequent patient of the hospital where you work, visits you to inquire about the contents of her living will. You have previously attended to her case as one of her physicians. She is very friendly with the hospital staff, nurses, and other medical workers and tells you that “she sees you as family.” She lives alone and has an estranged relationship with her children, who live abroad. She would like to know if you would be willing to inherit her possessions should the time come for her death. What is the most appropriate course of action?

A. Politely ask her to leave the hospital.
B. Call security to escort her out.
C. Refer her to a lawyer who is knowledgeable regarding a living will. D. Tell her that you can only explain the medical terms.
E. Help her write the living will.

A

D. Tell her that you can only explain the medical terms.

A living will or an advanced directive is a voluntary statement outlining the types and conditions of medical care that a person would prefer before requiring such care. It is considered valid if:
* The patient had the capacity when they wrote it, or has expressed these preferences previously
* The living will has clear and specific details about treatments that you would accept or refuse
* It is recent and relates to a current condition

In case a person does not wish to make their own decisions, an Enduring Guardian may be appointed to make medical and dental decisions in case the patient is incapacitated.

A person may also nominate one or more substitute decision-makers (through Power of Attorney) to make decisions on their behalf. In NSW, this is only for financial reasons, and medical or dental concerns are excluded. Naming a financial decision-maker will entail writing the following:
* When and under what conditions, the agreement of Power of Attorney will take effect
* Who is to have responsibility for substitute decision-making, and what decisions
* What cross-consultation is to occur
* The circumstances when revocation is possible

The living will may also concurrently cover financial, personal, and medical decisions. It is not a legally binding document by itself, however, it is a key piece of information when considering the treatment of a person who is unable to provide consent at the time of care. Medical practitioners are required to abide by the living will unless it conflicts with other laws or professional responsibilities. Health professionals and family members also do not have the authority to override the living will.

NOTE - Living wills can be spoken or written, but signed written documents are preferred to ensure that the patient’s wishes are recorded.

Doctors may assist patients in explaining the medical terms, and ensure that patients who write a living will use terms that will be clearly understood by their medical providers. The patient’s current health status and prognosis will also be valuable information for the patient in her own guiding her own decisions to write the will. Therefore, the best answer in this scenario is to offer assistance in explaining the terms medical terms.

Option A: Politely asking her to leave the hospital is not appropriate. Instead, the patient should be guided appropriately regarding her rights and professional boundaries you have.

Option B: Calling security to escort the patient out is an inappropriate response. The patient is not posing a threat to the doctor or the other staff members.

Option C: Living wills are not required to be witnessed but may strengthen the validity. Likewise, a lawyer is not necessary when writing a legal will, although they may be able to provide assistance and legal advice once the patient is aware of their values and wishes. In accoByw, an adult is presumed to have decision-making capacity unless there is evidence to the contrary.

Option E: Helping her write the will may pose an ethical dilemma in this scenario. There is a conflict of interest wherein you have attended to her as her doctor or may attend to her again in the future, and she has offered to give her possessions when she passes. Doctors are required to act in their patient’s best interests despite their professional opinions. Therefore, those directly involved in the care of patients would be discouraged from becoming a patient’s Enduring Guardian.

56
Q

A 17-year-old boy is admitted to the emergency department due to progressive right lower quadrant abdominal pain. The patient is febrile and confused. Investigation establishes the diagnosis of a perforated appendicitis. He is booked for emergency laparotomy. His 18-year-old sister accompanies her. Which one of the following is correct regarding the consent for the surgery?

A. The consent should be obtained from the patient.
B. The consent should be obtained from the sister.
C. Two doctors are required to give consent.
D. The consent should be obtained from the parents.
E. There is no need for the consent as the case is an emergency.

A

B. The consent should be obtained from the sister.

The age at which an individual is considered an adult is 18 years old, but when it comes to medical treatment, one can give consent a younger age, provided that they have a good understanding of the condition, treatment options and potential consequences. The age at which a minor can consent for medical treatment is 14 or 16, depending on the state. The validity of consent of a minor is based on the Gillick competence rather than the age. If this patient was alert and mentally competent, the consent could be obtained from him, but since he is confused, he is incompetent for this purpose.

In cases where there is an emergency and the patient is either underage to give consent, or is a consenting adult but is mentally incapacitate due to any reason, and medical treatment is required to save their life or prevent serious damage to their health, treatment may be provided without consent if there is no advance directives or substitute decision maker available (guardian, adult relative, etc.). In common law it is referred to as ‘defense of necessity’.

The treatment provided must be required urgently and not be given just because it is convenient. It must be proportionate to the patient’s needs. Treatment that goes beyond what is necessary to avert the crisis should not be given.

Importantly, treatment cannot be provided where the patient has made a valid advance directive or refusal of treatment certificate that clearly says they have refused the intervention, providing that certain conditions are met.

Perforated appendicitis is a genuine emergency putting the patient’s health at serious risk if surgery is not performed immediately; however, since his adult relative (her sister) is available, consent should be obtained from her as her substitute decision maker.

Option A: This patient is 17 years old and would have been capable of giving consent if he was alert and seemed to understand his condition, the proposed treatment options and their consequences, but his confusion precludes him from such an understanding at present. He is temporarily incompetent to give informed consent.

Option C: Since an adult relative as the patient’s substitute decision maker is available, consent should be sought from her. It is important to note that the substitute decision maker should act based on the patient’s best interest, which in this case is surgery. If she refuses the surgery, the doctor should not comply with her wish because it is not in the patient’s best interest. If such conflicts arise, the doctor can proceed to the surgery while following the guidelines of the state he/she is practicing. In South Australia, for example, the doctor can proceed with the treatment if another physician who has visited the patient in person confirms (in writing) the need for emergency intervention. In other states different rules have been put in place.

Option D: Parents of the boy were the most appropriate options from whom to obtain consent if they were available. Even an option suggesting obtaining consent from the parents over the phone could be the most appropriate one; however, the question does not mention if the parents could be available in person or by telephone immediately; therefore, his next of kin who is currently available is the most appropriate option.

Option E: Consent is not required in cases of genuine emergencies, where the patient cannot consent, there is not advance directive, and no substitute decision maker is available, or if the substitute decision maker refuses a treatment that is in the patient’s best interest.

Australian Medico-legal Handbook – pages 76-77

57
Q

A 75-year-old man is brought to the hospital with reduced level of consciousness. CT scan of the head shows epidural hematoma requiring non-urgent surgery. You are unable to discuss the procedure with the patient due to his decreased level of consciousness. His spouse and the eldest son are present. His spouse says that her husband never wanted to come to the hospital and would never want to be resuscitated or have any surgery on him. His son requests you to do everything possible to save his father’s life. Which one of the following is the most appropriate action?

A. Listen to his son.
B. Arrange a family meeting to reach a consensus.
C. Apply for guardianship.
D. Listen to his wife.
E. Request the medical superintendent to assess the patient capacity.

A

D. Listen to his wife.

If a person cannot give consent for their own treatment and there is no advance health directive present, a health practitioner should obtain consent from the “person responsible”. In this situation, patient’ spouse can consent for the patient’s future treatment. A spouse’s opinion is considered more valid and appropriate than that of sons or daughters; therefore, the directives should be obtained from the wife. One other important step is trying to find out whether the patient was competent or not when he expressed such wishes.

In instances where no advance health directive or a spouse, family members, or carer is present, a medical superintendent or authorized medical officer can decide for life-saving emergency surgery if the patient is incompetent to make a decision.

Application to Guardianship is required for all those patients who lack the capacity to decide about their treatment; however it usually takes few days.

Under the Guardianship Act 1987, a ‘person responsible’ can make decisions about most medical or dental treatments.

A 'person responsible' is, in order of priority:
(1) - The legally appointed guardian of the person (including enduring guardian) with the function of consenting to medical/dental treatment

If there is not one then

(2) - Their spouse or de facto spouse or same sex partner, or if there is no spouse or de facto spouse or same sex partner

If there is not one then

(3) - Their unpaid carer

If there is not one then

(4) - The patient’s nearest relative over the age of 18 year, which means (in order of preference):
* Son or daughter
* Father or mother
* Brother or sister (including adopted people and ‘step’ relationships)
* Grandfather or grandmother
* Grandson or granddaughter
* Uncle or aunt
* Nephew or niece

When there are two relatives in the same position (for example, a brother and a sister) the elder will be the person responsible.

58
Q

After a course of full investigation on a 67-year-old woman, the diagnosis of pancreatic cancer is established. You, as the treating doctor, are approaching the patient’s room to break the news to her when the patient’s son steps forward and asks you to not tell her mother about the diagnosis. He argues that his mother is very fragile at the moment and telling her about the diagnosis will make her worse. You assess the patient’s file. The consent form does not have any instructions regarding the patient’s wish as to whether she wants to be informed of the diagnosis. Which one of the following is the most appropriate action to take?

A. Tell the son that your decision cannot be based on the relatives’ recommendations.
B. Do not inform the patient of the diagnosis as it is not mentioned in the file whether she wants to be informed of the diagnosis.
C. Arrange a family meeting to further discuss the issue.
D. Refer the case to the Guardianship Court.
E. Withhold the information from the patient as it may lead to an emotional breakdown.

A

A. Tell the son that your decision cannot be based on the relatives’ recommendations.

It is a patient’s right to know what you know and as soon as you know, and no recommendation from relatives, no matter how rational it may sound, can breach this indisputable fact. The only exception is when the patient clearly states that he/she does not want to be informed of the diagnosis.

There are very limited circumstances in which information may be deliberately withheld from a patient. This is frequently referred to as ‘therapeutic privilege’. Particular information may be withheld where the practitioner (and not the relatives) believes, on reasonable grounds, that giving the information to the patient may damage the patient’s health. The responsibility is on the practitioner to show that providing the information would be reasonably likely to cause significant harm. It is not acceptable to argue that if the risks associated with a procedure or condition were disclosed, the patient may choose not to go ahead with it.

Option B: It is always assumed that the patient has the right and wants to use the right of being informed of the diagnosis and actively participate in management plan. It should never be assumed otherwise unless the patient clearly asks it.

Option C: Arranging a family meeting is futile because the patient should be informed regardless of the meeting conclusion.

Option D: Referring the case to the Guardianship court is not appropriate because the rules are quite clear in this regard. The Guardianship court will confirm your decision.

Option E: Fearing of the patient’s emotional or physical reactions to bad news can never be an excuse for withholding information from them.

Australian Medcolegal Handbook – Elsevier Australia (2008) - pages 74-75

59
Q

A 25-year-old man is brought to the emergency department by an ambulance after he was found on the streets behaving bizarrely and reported to the police. During the initial assessment, he cooperates nicely and interacts appropriately and seems to be oriented to time, place, and people but at some point, he mentions that he is feeling the urge to punch you in the face as you do not understand him. He believes neutrons represent the spirit and electrons are a way of telecommunication with the higher realm. When you ask him how he knows these, he says God speaks to him and gives him directions to save the world from a network of sinister beings crawling over the internet. Which one of the following is the most appropriate next step in management?

A. Give him 10mg of haloperidol and wait to see if it works.
B. Ask a nurse to help you restrain him.
C. Call security immediately.
D. Perform a urinary drug screen test.
E. Involuntary psychiatric admission.

A

C. Call security immediately.

This patient seems to have a disordered thought process and probably auditory hallucinations (hearing God speaking to him) which highly suggest psychosis. Most importantly, he has expressed explicitly his urge to harm you. In this situation, calling security is the most important aspect of the treatment. Although he is cooperative and interactive for now, this might escalate at any moment due to his unstable judgment and thought process.

Once the environment is secure, further steps can be prioritized. A disturbed patient can be sedated to protect him and the personnel using haloperidol (option A) may be considered. If the patient escalates, physical restraint can be considered based on local protocols, but calling the nurse to help you restrain him (option B) in the absence of trained security is incorrect.

A urinary drug screen is usually necessary and ordered among other investigations wants the environment is secure and safe to proceed. This patient also requires consultation with the psychiatry registrar and further evaluation such as the need for involuntary psychiatric admission (option E).
.

60
Q

A 56-year-old woman presents to your GP practice requesting a prescription of oxycodone for her painful knees due to long-standing osteoarthritis. She is from interstate and arrived in Victoria 2 weeks ago to stay with her daughter. She hands over a prescription letter from her local GP back at home. On further questioning about the medication history and if she is having any concerns, she admits to having an addiction to narcotics years ago but not anymore. Which one of the following, would be the most appropriate approach in this situation?

A. Give her a prescription for oxycodone.
B. Call her doctor and ask about the prescription.
C. Deny her request.
D. Call your local pharmacy and ask if you can give her a prescription.
E. Give her a non-opiate painkiller instead.

A

B. Call her doctor and ask about the prescription.

This scenario represents a common situation GPs face in their practice: requests for prescribing drugs of dependence such as opiates. The challenge intensifies when it comes to first-time patients with such requests as in this case.

In such circumstances, it is of paramount importance to rule out drug-seeking behavior, especially if there is a past or recent history of addiction to narcotics. Another important step to consider is thorough history and assessment of the indication for which oxycodone started in the first place, the duration of use, any adverse effects including dependency, and if the prescription is still valid. These would be achieved through contacting and involvement of her regular doctor in decision- making.

It is important to note that oxycodone is a schedule 8 drug and is strictly regulated; therefore, giving this patient a prescription for it (option A) without verification through proper channels would be inappropriate. Following verification of the prescription and its validity from her local doctor, you may write a prescription for her medication, if your state regulations permit it. Pharmacists have no role in making such decisions and contacting the local pharmacy to seek permission (option B) for a prescription is not correct. Prescription is decided at the doctor’s discretion.

This patient could potentially be managed with alternative pain control measures including non- opiate painkillers, lifestyle modification, physiotherapy, and eventually joint replacement; however, abrupt withdrawal of opiates and replacing them with non-opiate painkillers (option E) is not advisable.

Optimal pain management is an essential part of the duty of care doctors have towards their patients. Therefore, denying the patient’s request (option C) without proving her with an appropriate pain management plan is neither ethical nor proper.

TOPIC REVIEW
The 6 Rs of managing high-risk opioid prescribing:
1. Rotation of opioids
2. Reduction (tapering)
3. Replacement pharmacotherapy
4. Reversal with naloxone
5. Referral to allied health practitioners/other specialists
6. Restriction of supply

Under the Pharmaceutical Benefits Scheme (PBS), oxycodone is a Schedule 8 drug. (See elaborated review in photo below/page 468)

61
Q

You are counseling a 42-year-old patient who was diagnosed with HIV infection last month. He has been in a stable relationship with his girlfriend for the past eight months. He has had three visits to your office for consultation regarding referral, antiretroviral therapy, and further investigations for other sexually transmissible infections (STIs). He has no STI other than HIV. In the past visits, you talked about the importance of contact tracing. You told him that he should speak to her girlfriend about his disease and brings her in for HIV testing but every time he adamantly insists that it is his secret and he does not want anyone to know about it, her in particular. During this visit, her girlfriend accompanies him and sits in the waiting room. You again emphasize that he should inform her; otherwise, her health is at more risk. He again refuses to tell her. Which one of the following is the most appropriate action you should take?

A. Respect the patient’s wishes.
B. Obtain a court order to inform his partner.
C. Consult with the ethics committee.
D. Personally notify her or notify the health department.
E. Advise safe sex.

A

C. Consult with the ethics committee.

HIV is a sexually transmissible infection (STI). Contact tracing of sexual partners has a crucial role in the management of sexually transmitted infections (STIs). Initiation of contact tracing is the responsibility of the diagnosing clinician.

Contact tracing starts with a conversation with the index patient about informing their partners. The patient can decide to inform their contacts (patient referral) or organize someone else to inform them (provider referral). Patient referral is the most common type of contact tracing used in general practice. For this type of contact tracing to be successful, it is important that the diagnosing doctor informs the patient about who needs to be informed and what information needs to be given. If the patient decides to use a provider referral, the diagnosing doctor can collect the contact person’s details and either notify the contacts or pass the details to a practice nurse or a sexual health clinic who can undertake this.

Both methods can be anonymous or not, and both can be performed using a range of methods including in person, telephone, SMS, email, or letter. Either method is acceptable. While patients are usually willing to inform regular partners, for casual contacts or ex-partners, other non-direct methods are often preferred by the patients.

However, due to the significance of HIV, provider referral is the preferred method of contact tracing. Contact tracing starts with recent sexual or needle-sharing partners. The outer limit is the onset of the risky behavior or the last known negative HIV test result. If the index patient has donated or received blood products, semen, or body tissue, the relevant authority should be contacted as well. For those whose HIV has been detected due to a recent TB diagnosis, contact tracing for TB is also important.

On some occasions, however, the patient refuses to use either patient or provider referral to inform his/her contacts despite full discussion and explanations. In such situations, it is the responsibility of the diagnosing doctor to start contact tracing even without the patient’s consent. The method to consider first is the notification of the authorized body in that state. Such authorities either take the matter in hand directly, or delegate the matter to the diagnosing physician, a nurse practitioner, or a suitably qualified and experienced counselor.

One important point to consider is that direct notification of the index patient’s sexual contacts should be performed after the ethics committee’s approval and counseling with medical indemnity. Once approved, the patient should be provided with written advice that the patient must notify the partner, and if the patient still refuses to do so then the doctor has the right to inform his/her sexual contacts.

Of the given options, consulting with the ethics committee for a legally-supported means of contact tracing is the most appropriate one; however, notifying the health authorities would be the best action if it was among the options.

Option A: The patient’s wishes should be respected unless they put others at risk. If the patient ignores instructions about informing his/her sexual contacts, his wishes cannot be followed because you have a duty of care for his sexual contacts as well and must notify the relevant authorities.

Option B: Contact tracing for a notifiable disease against the patient’s will does not need a court order. The diagnosing physician can notify relevant authorities if the patient refuses to inform contacts after completely explaining the importance of contact tracing and its different methods.

Option D: While notifying the health authorities is the most appropriate option, direct notification of contacts of this patient without his consent is not an appropriate option unless permitted and approved by health authorities and after careful consultation with the ethics committee and/or medical indemnity. Even so, the patient should be provided with written advice that you will notify his contacts personally if he fails to do so.

Option E: Safe sex practice is appropriate advice to give every patient with or without an STI but does not eliminate the need for contact tracing and mandatory notification.

  1. Role of Contact Tracing in HIV Management
    • Essential for managing sexually transmitted infections (STIs).
    • Responsibility of the diagnosing clinician.
  2. Types of Contact Tracing
    • Patient Referral:
      • Patient informs their contacts.
      • Common in general practice.
      • Clinician must guide on who and what to inform.
    • Provider Referral:
      • Clinician or another provider informs contacts.
      • Preferred for HIV.
  3. Methods of Contact Tracing
    • Anonymous or non-anonymous.
    • Via in-person, telephone, SMS, email, or letter.
    • Patients often prefer non-direct methods for casual or ex-partners.
  4. Preferred Method for HIV
    • Provider Referral is preferred due to HIV’s significance.
    • Start with recent sexual or needle-sharing partners.
    • Include the onset of risky behavior or last negative HIV test.
  5. Contacting Authorities
    • Notify relevant authority if patient donated/received blood products, semen, or body tissue.
    • Important for patients diagnosed with TB.
  6. Refusal to Inform Contacts
    • Diagnosing doctor must start contact tracing without consent.
    • Notify authorized body in the state.
    • May involve ethics committee approval and medical indemnity counseling.
    • Written advice to the patient about the notification process.
  7. Ethical and Legal Considerations
    • Respect patient’s wishes unless they put others at risk.
    • No court order needed for contact tracing of a notifiable disease.
    • Direct notification without consent requires ethics approval.
    • Safe sex practices do not replace the need for contact tracing.
  8. Appropriate Actions
    • Consult ethics committee for legal means of contact tracing.
    • Notify health authorities if necessary.
    • Provide written advice to the patient about notifying contacts.
62
Q

Mother of an eight-year-old boy brings him to your practice with complaints about his behavior. She believes that her son has recently become rude and does not listen to her. She sometimes beats him and locks him up in a room as a punishment for his behavior. The mother also mentions that she has become irritable recently and cannot sleep as usual. Which one of the following is the most appropriate step in management?

A. Talk to the boy.
B. Notify the Child Protection Service.
C. Refer the mother to Good Parenting programs.
D. Inform the police about the child abuse.
E. Refer the mother for psychiatric counselling.

A

B. Notify the Child Protection Service.

Family violence is coercive and controlling behavior by a family member that causes physical, sexual and/or emotional damage to others in the family, causing them to live in fear or being threatened. Family violence is most commonly committed by one partner towards another (‘domestic violence’ or ‘intimate partner abuse’) and/or by an adult towards a child or children. Other forms include elder abuse or sibling abuse. Any kind of abuse may have long- term detrimental effects.

The way the mother is using to punish the child for his behavior is likely to pose risks to both his physical and emotional well-being. According to the above, the mother’s action should be reported to child protection authorities.

Reporting child abuse of any kind is mandatory for all medical practitioners and must be reported to authorities as soon as possible (e.g., Child Protection Service). In this case, it is even more paramount because the mother has the symptoms of a psychiatric problem.

Talking to the boy for obtaining collateral history or referring the mother for counselling and good parenting program may be considered later in the course of action; however, securing the child’s safety, is of significance priority.

In this scenario, contacting the police directly would not be necessary. Calling the police may be justified in cases of in emergency situations, but not here.

63
Q

You, as medical doctors in a hospital, are assigned to review the files of doctors who have applied for a certain position in that hospital and report the eligible doctors to the hospital manager for further assessment. You realize that one of your colleagues, who is not involved in this process, is reading the applicants’ files. Which one of the following is the most appropriate next step in this situation?

A. Inform the medical board.
B. Report the issue to the hospital administrator.
C. Report the issue to AHPRA.
D. Talk to your colleague.
E. Report to your supervisor.

A

D. Talk to your colleague.

Anyone can make a voluntary notification (raise a concern), but under the National Law only registered health practitioners, employers, and health education providers are required to make a mandatory notification. In other words, they have a legal duty and are obliged to do so.

Separate guidelines have been developed for mandatory notification about registered health practitioners and registered students. These guidelines apply to both (1) registered health practitioners and (2) employers of registered health practitioners (even if they are not registered practitioners themselves).

There are four concerns that may trigger a mandatory notification. Depending on the type of concern, you must assess the risk of harm to the public when deciding whether to make a mandatory notification.

These four concerns are:
* Impairment of the practitioner
* Intoxication while practising
* Significant departure from accepted professional standards
* Sexual misconduct.

There are different thresholds that trigger a mandatory notification depending on whether you are making a notification as a treating practitioner, non-treating practitioner, employer, or education provider.

A treating practitioner is a practitioner who becomes aware of the concern while providing treatment to another practitioner. The threshold for making a mandatory notification as a treating practitioner is higher than for other notifier groups. This is to give practitioners the confidence to seek help without the fear of a mandatory notification. The threshold for treating practitioners to make a mandatory notification about impairment, intoxication while practising, and significant departure from accepted professional standards is when there is a substantial risk of harm to the public.

Before making a mandatory notification, a notifier must form a reasonable belief that the incident or behavior that led to a concern actually occurred and that a risk to the public exists. As this practitioner has not revealed the information in the applicants’ files to anyone yet, the most appropriate step is to talk to him first and advising against his conduct.

If you form a belief on reasonable grounds that he would continue this misconduct, mandatory reporting to medical board via AHPRA (option A and C) or to the administration or your supervisor (option B and E) depending on the workplace policies and order of hierarchy can be considered next.

AHPRA – Making a mandatory notification

64
Q

Jane is in your office for her laboratory test results you ordered 15 days ago when you suspected she may have systemic lupus erythematosus (SLE) based on her history and clinical findings. The test results confirm your diagnosis. You write a referral letter to a local rheumatologist for consultation. She wants to know for how long this referral letter is valid. Which one of the following would be you correct response to her question?

A. Three months from the date of issue.
B. Three months from the first visit by the specialist.
C. Six months from the first visit by the specialist.
D. One year from the date of issue.
E. One year from the first visit by the specialist.

A

E. One year from the first visit by the specialist.

If supplied by a general practitioner (GP), the law states that a referral is valid for a single course of treatment for a period of 12 months (one year) after the first service given in accordance with the referral. Despite this limitation, the referring practitioner can specify an alternative time period such as three, six, or 18 months or indefinite. Indefinite referrals are not usually made because patients often have a specific condition requiring a certain amount of time and treatment from specialists.

Note that the referral period begins on the date of the first specialist visit, not on the date the referral was written. This is frequently misunderstood, including by general practitioners, specialists and their receptionists.

Other rules to remember are:
* Referrals from a specialist are valid for only three months (after the first visit by the practice the patient has been referred to).
* A referral for admitted patients is valid for three months, or the duration of the admission, whichever is the longer.

65
Q

After a night shift, an emergency department physician goes to a public bar where he meets his friend. There, they use amphetamines for pleasure and spend some hours together in the bar drinking alcohol. You, as another doctor working in the same hospital, see him using drugs. His next shit starts in two hours. Which one of the following is the most appropriate next action to take?

A. Inform the Medical Board.
B. Inform the Australian Health Practitioner Regulation Agency (AHPRA).
C. Leave him and say nothing.
D. Talk to him about not going to work under drug influence.
E. Report to the director of the emergency department.

A

D. Talk to him about not going to work under drug influence.

According to section 140 of National Law, ‘notifiable conduct’ occurs when a medical practitioner has:
* practiced the practitioner’s profession while intoxicated by alcohol or drugs; or
* engaged in sexual misconduct in connection with the practice of the practitioner’s profession; or
* placed the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or
* placed the public at risk of harm because the practitioner has practiced the profession in a way that constitutes a significant departure from accepted professional standards.

Although this doctor has used drugs and alcohol, he is not practicing under influence and has used illicit drugs and alcohol outside the workplace and in his private life. You have not seen him practicing while intoxicated, neither have you formed a reasonable belief that he is doing so. Unless he practices under influence, mandatory reporting to AHPRA (option B) or medical board (option A) is not necessary.

On the other hand, you know that he is attending the emergency department in 2 hours and might be still under influence when he starts working; thus putting his patients at risk. Now, this is your duty to prevent harm to patients. For this reason, leaving him and saying nothing (option C) is not an appropriate option as well.

In this case, talking to him about not going to work is the most appropriate next thing to do. If he seems so under influence to not understand the situation and you form a belief that he may practice while intoxicated, notifying the director of the emergency department of the situation (option E) would be a wise decision.

TOPIC REVIEW
Approaching a colleague who is practicing under alcohol or drug influence:
STEP 1 – Duty of care to patient(s) (patients’ safety) – talk to the colleague and send him home. If difficult seek help from another colleague or the clinical director.
STEP 2 – Duty of care to colleague – make sure that your colleague is safe and check to ensure he/she has reached home safely. Suggest occupational health referral and insist that his/her behavior was not appropriate.
STEP 3 – Duty of care to your workplace (hospital/clinic) – keep accurate record of the incident and inform the clinical director. Consider notifying AHPRA if required in cases of obligatory notifications.

66
Q

One of your friends calls and tells you that he has come across some negative comments about you as a general practitioner on Facebook. You check and realize that a Tom has written many negative posts about you and the way you practice and approach your patients. One of his posts is a detailed story about how you mismanaged him for a sore throat 3 weeks ago. You check your files and you recognize him; a patient you treated for a viral pharyngitis and refused to give him antibiotics despite his insist. Which one of the following is the most appropriate action you should take in management of this situation?

A. Inform your medical defense organization and seek advice.
B. Give feedback on his posts by explaining the nature of his condition and why you refused his requested treatment.
C. Write to ask him to remove the post.
D. Ignore him and his posts.
E. Contact Facebook and use its policies for removing the post.

A

A. Inform your medical defense organization and seek advice.

Doctors have always been subject to reputational risks from negative comments or rumors. Nowadays and with the enormous speed at which words are spread on social media, the risk is even more significant. The issue is not only how but whether the healthcare entity or an individual physician should respond at all. Such situations make a dilemma: the patient or his/her family has revealed his/her history or story on the social media but a response by the doctor to his/her comments and explaining the account of events could be a violation of patient’s privacy. On the other hand, ignoring such comments could be perceived as an unspoken agreement with the complaints or lack of concern with the feedback. The desire to “correct the record” or give the other side of the story when faced with the negative online posting is natural. However, doing so may lead to an allegation of breach of confidentiality or other legal consequences.

When facing such problem, as a medical center or an individual doctor, there are options to consider:
* Ignoring by simply doing nothing.
* If the patient can be identified with certainty, contact the patient directly to discuss their concerns and see if they will remove the post.
* Use the website (Facebook here) policies for removal of the post(s).
* Send a letter to the patient and/or website owner and request the and/or threaten that you will take legal action for defamation.
* Start defamation proceedings.

Depending on the situation and the nature of the posts and/or comments or whether the patient can be identified, any of the above options can be choice; however, it is very important that you seek advice from an expert colleague or your medical defense organization as the most appropriate initial step in the challenge.

Option B: Giving feedback on the post means that you are discussing the patient’s private information, released to you as his doctor based on the doctor-patient confidentiality. This is a breach of this confidentiality and very incorrect. Unlike complaints that are made by a patient directly to an organization, many online complaints are anonymous. You may think you know who made the complaint while it may have been made by a relative or friend who knows about the patient, and not the patient himself.

Option C and E: These options can be your choices as well; however, the decision as to how to respond is best made after consultation with an expert colleague or medical defense organization.

Option D: In most cases, ignoring such negative comments and/or posts are advisable if the nature of such posts/comments are benign. However, in this case, where your reputation or that of the center you are working at might be at risk, the best action to take can be considered after consultation with more expert resources of advice.

RACGP - AFP - Patients’ use of social media: e-rating of doctors

67
Q

Sophia is an 82-year-old patient of yours, who has been under your care for the past eight years due to chronic obstructive pulmonary disease (COPD). A few months back she informed you that she had written a “Do Not Resuscitate (DNR)” order. Today, he is brought to you by her family member with complaint of severe dyspnea. She looks drowsy and confused. Her family members appear quite concerned and ask you to treat her by any means. Which one of the following is the most appropriate action?

A. Arrange a family meeting.
B. Do not give any treatment as she has a DNR order in place.
C. Admit her and assess for any need for ICU care.
D. Refer the case to guardianship tribunal.
E. Insert intravenous line and nasogastric tube and nothing more.

A

C. Admit her and assess for any need for ICU care.

DNR means that patient should not receive cardiopulmonary resuscitation using chest compression, electric cardioversion, or acute administration of antiarrhythmic medications when he or she sustains cardiopulmonary arrest. This means absence of pulse, blood pressure and inability to breathe spontaneously which is not the case in this scenario.

A common misunderstanding about DNR is that it is mistakenly interpreted as withholding appropriate treatment from patients at end-stage conditions. Another common misunderstanding is that a person who is DNR should not get other aspects of an appropriate medical treatment and care. such as biopsies, surgeries, or dialysis.

Since this patient is not clinically dead yet, DNR does not apply, and appropriate treatment, which is admitting her and assessment for the need for any intensive care in the ICU, should be considered.

NOTE - When the patient has a cardiopulmonary arrest, it is always presumed that the patient has given consent to CPR unless the patient has specifically and expressively refused this therapy in advance. In other words, you do not need to ask for consent from anybody regarding CPR unless the patient is already DNR.

Option A: Since this patient is not subject to DNR yet, and the wishes of family are not against those of the patient, a family meeting will be unnecessary.

Option D: Referral to Guardianship Tribunal would be the correct answer if there was any conflict between the patient’s best interests and the family members or between family members with equal levels of decision making regarding the patient’s care.

Option E: Just insertion of intravenous line and nasogastric tube, and not giving the patient appropriate medical management is incorrect because neither the patient nor her family has requested withdrawal of treatment.

68
Q

A 13-year-old girl presents to your clinic asking for termination of pregnancy. Three weeks ago, she was in a party where she was coerced to have unwanted sex with a stranger. Yesterday, using a home pregnancy test, she realized she is pregnant. She is a school girl and lives with her parents. Which one of the following is the most appropriate next step in management?

A. Inform the Child Protection Service.
B. Inform her parents of the event.
C. Terminate the pregnancy.
D. Inform the police.
E. Inform the Sexual Assault Services.

A

A. Inform the Child Protection Service.

According to current legislation in Australia, doctors, nurses and midwives are obliged to lodge a mandatory report to the child protection services whenever they have formed a ‘reasonable belief’’ that a child under 18 years has been or is being sexually abused or assaulted.

NOTE - Mandatory reporting in cases of sexual assault DOES NOT take into account whether the child is dependent or independent (mature). Gillick competence rule does not exclude any child from being reported to child protection services whatsoever. All children younger than 18 years are subject to mandatory reporting by the treating doctors, nurses and midwives, teachers, principals and the police.

Gillick competence rule, on the other hand, applies for termination of pregnancy, and a Gilick-competent minor can request an abortion without parental consent.

Based on Gillick competence principle, a minor (< 16 years, but not younger than 13 years) is considered competent to consent to treatment if:
* she/he lives independently of her/his parents (i.e. emancipated minor), AND
* she/he appears to have sufficient understanding and intelligence to enable her or him to understand fully what is proposed and the risks and benefits.

If these criteria are met, a minor can consent to treatment without any requirements to inform a parent or guardian or obtaining consent from them.

To put it in a more clear and straightforward way, always approach a minor as a consenting adult if:
* he/she is 13 years of age or older, AND
* he/she is independent of his/her parents, AND
* he/she appears to fully understand the situation, treatment options, risks and benefits.

Option B and C: This child does not fulfill criteria for termination of pregnancy without parental consent or informing. Although she is 13 (minimum age required), she lives with her parents and cannot consent to termination of pregnancy. Regulations related to termination of pregnancy in a minor varies in different states but generally parents should consent or at least be informed (according to the state regulations); however, a child aged 13 or more can still refuse her/his parents being informed. As the healthcare professional involved in the treatment, you should respect her/his wish in this regard. No mandatory reporting to the parents is required. The decision as to whether the parents are informed and how to be so is the responsibility of the child protection service and not of the primary healthcare provider.

If she is willing to terminate the pregnancy and does not want her parents/carer/guardian involved, a court order, often issued by Children’s Court is required before proceeding to termination of pregnancy.

Option D: Informing the police is only acceptable if the victim consents to, or when there is immediate threat to the victim’s health. Informing the police is not helpful if the child is not willing to disclose the assault to the police because police cannot take action if there is no evidence; however, in most cases there is close collaboration between the police and the child protection service.

Option E: Sexual assault services are dedicated bodies that provide the victims of sexual assault with counselling services, forensic examinations and psychological care. Although it is advisable that sexual assault victims be counselled about the benefits of such services and offered referral, no mandatory reporting to sexual assault services is required.

69
Q

A 25-year-old man is involuntarily admitted to the mental health ward for treatment of psychosis. On physical examination, he is found to have a 5x5 cm ulcer on the plantar surface of his left foot, requiring wound debridment, irrigation and intravenous antibiotics. Which one of the following is the most appropriate approach regarding consent for treatment of his wound?

A. No consent is required as the patient is already involuntarily admitted.
B. Take consent from the treating psychiatrist.
C. Take consent from the patient.
D. Contact the patient’s family for informed consent.
E. Apply to the mental health tribunal for consent for wound debridment.

A

C. Take consent from the patient.

Patients who are subject to involuntary treatment under mental health act, may still have capacity to give or decline consent for a specific healthcare matter not related to their current mental illness (for example the use of antibiotics for chest infection, or a surgical procedure on the limb). Assessment of the patient’s capacity to make decisions about every other treatment other than that for the initial problem should be performed in the standard way and documented appropriately.

If a patient lacks capacity to give consent to health care for a condition unrelated to the current mental illness, the consent should be sought from a substitute decision maker in the same order as for other patients who are not legally able to give informed consent. Involuntary treatment order only applies to the current mental health issue and does not cover other areas of treatment.

Australian Medicolegal Handbook - Elsevier Australia (2008) – page 201