Ethics And Law Flashcards

Question

Explain confidentiality as a concept under autonomy

Answer 1

Healthcare providers are obligated not to disclose confidential information given by a patient to another party without the patient's authorization. In the present-day modern hospitals with multiple points of tests and consultants, and the use of electronic medical records, there has been an erosion of confidentiality. Can be broken in exceptional situations that may cause major harm to another (epidemics of infectious diseases,partner notification in HIV disease, relative notification of certain genetic risks,etc)

Answer 2

When ordered by a Judge in a court of law or by a Tribunal established by an act of parliament When necessary to protect the interests of the patient. 03 When necessary to protect the welfare of society. When necessary to safeguard the welfare of another individual or patient.

Answer 3

The practitioner should act in “the best interest” of the patient - the procedure be provided with the intent of doing good to the patient. It is the obligation of the healthcare provider to act for the benefit of the patient. This needs health care provider to: Develop and maintain skills and knowledge by continually updating training Consider individual circumstances of all patients Supports several moral rules to protect and defend the right of others, prevent harm, remove conditions that will cause harm, help persons with disabilities, and rescue persons in danger.

Answer 4

Above all, do no harm” – Make sure that the procedure does not harm the patient or others in society Remember that is Non Maleficence and it is not Maleficence When interventions undertaken by physicians create a positive outcome while also potentially doing harm it is called the “double effect” An act or omission by a health care provider that deviates from accepted standards of practice in the medical community which causes injury to the patient is medical malpractice. (apparently, malpractice is when they now sue the negligent person. If they don’t sue, there’s negligence but once they sue, it becomes malpractice)

Answer 5

The distribution of scarce health resources, and the decision of who gets what treatment “fairness and equality” The burdens and benefits of new or experimental treatments must be distributed equally among all groups in society Justice- example is knowing who to take off ventilator during COVID issues This is particularly important and pertinent in difficult end-of-life care decisions on withholding and withdrawing life-sustaining treatment.

Answer 6

Access: financial access, geographical access Equity: equality is sharing ten cedis equally for ten people. Equity is sharing that ten cedis for ten people but based on those who need it more. So for equality you’re giving each one cedi. Equity is sharing the ten cedis and giving three cedis to one, 50 pesewas to another, 1 cedi to another based on their needs Diversity: people from different backgrounds Participation: involving community and patient and relatives Human Rights

Answer 7

An ethical dilemma or ethical paradox or moral dilemma is a problem in the decision-making process between two possible options, neither of which is absolutely acceptable from an ethical perspective Most ethical problems come with relatively straightforward solutions Situations : Allocation of limited resources End-of-life care Patient autonomy vs. paternalism Confidentiality and Privacy Research with vulnerable populations Ethical dilemmas are extremely complicated challenges that cannot be easily solved The ability to find the optimal solution is critical Nowhere in the arena of ethical decision-making is conflict as pronounced as when the principles of beneficence and autonomy collide. Certainly! Here are ethical development situations for each of the specified areas: 1. **Allocation of Limited Resources:** - **Scenario:** A hospital is facing a shortage of ventilators during a pandemic. Ethical considerations arise regarding how to fairly allocate limited resources among patients who need them. Healthcare providers must balance principles of distributive justice, maximizing benefits, and prioritizing patients based on clinical need and prognosis. 2. **End-of-Life Care:** - **Scenario:** A terminally ill patient expresses a wish to discontinue life-sustaining treatment and opt for palliative care. Ethical dilemmas involve respecting the patient's autonomy in decision-making, ensuring adequate pain management, and addressing family dynamics and cultural beliefs surrounding death and dying. 3. **Patient Autonomy vs. Paternalism:** - **Scenario:** A patient refuses a recommended treatment that healthcare providers believe is necessary for their health. Ethical considerations include respecting the patient's right to make informed decisions (autonomy) while balancing the duty of healthcare professionals to act in the patient's best interest (beneficence), which may involve paternalistic interventions in cases of incapacity or imminent harm. 4. **Confidentiality and Privacy:** - **Scenario:** A healthcare provider discovers that a teenage patient is engaging in risky behavior (e.g., substance abuse) but has explicitly asked that this information not be shared with their parents. Ethical dilemmas arise concerning maintaining confidentiality to build trust with the patient versus disclosing information to protect their health and safety, especially in cases involving minors. 5. **Research with Vulnerable Populations:** - **Scenario:** Researchers propose a clinical trial involving elderly patients with cognitive impairments. Ethical considerations include ensuring informed consent, minimizing risks, and balancing potential benefits with the vulnerability of the participants. Additional challenges may include addressing power differentials, ensuring equitable access to research benefits, and safeguarding against exploitation. These scenarios highlight complex ethical issues that healthcare professionals, researchers, and policymakers encounter in their practices. Addressing these dilemmas requires thoughtful consideration of ethical principles, professional guidelines, legal frameworks, and the unique circumstances of each situation to promote ethical development and decision-making in healthcare and research settings.

Answer 8

"Ethical Obligation"? An ethical obligation is a required action that must be met "all things considered." Obligations may be strong or weak, or vary from one person to another "Ethical Dilemma"? When two or more obligations require mutually exclusive actions When some evidence suggests that an act is right but other evidence suggests it is wrong. “Mutually exclusive” refers to a situation where two or more events or conditions cannot occur at the same time. If one event happens, it rules out the possibility of the other event(s) happening

Answer 9

From diagnosis to bereavement doc must provide supportive care If the disease is incurable, palliative care If the disease is terminal, end of life care Palliative Care • Focuses on relieving pain, symptoms, and stress of a serious illness. • Can be given at any stage of illness — not just when dying. • Can be provided alongside curative treatment (e.g., chemo, surgery). • Goal: Improve quality of life, not necessarily to prolong or end life. End-of-Life Care • A type of palliative care, but specific to the final weeks or months of life. • Given when the illness has no cure and death is near. • Focus is on comfort, dignity, and emotional support in the last stage of life. • No curative treatments are given at this point — only comfort care.

Answer 10

The word “euthanasia” comes from the Greek words “eu” (good) and “thanatos” (death) Euthanasia is the practice of ending the life of a patient to limit the patient's suffering There are 4 main types of euthanasia: Active, Passive, Indirect, And Physician-assisted Suicide

Answer 11

Active euthanasia: the direct administration of a lethal substance to the patient by another party with mercifulintent Passive euthanasia: withholding or withdrawing of life-sustaining treatment either at the request of the patient or when prolonging life is considered futile Indirect euthanasia refers to the prescription of painkillers that may be fatal in an attempt to relieve suffering. Indirect euthanasia-you using precisption to reduce pain but the side effect or adverse effect is that it can take patients life Physician-assisted suicide refers to a medical professional aiding a patient in terminating their life upon the patient’s request. a physician provides the means or medication that allows a terminally ill patient to end their own life. • The patient administers the lethal medication themselves, following a prescription and guidance from the physician. • The physician’s role is to assist the patient in ending their life by providing the means to do so, rather than directly administering the lethal substance.

Answer 12

1.Determine whether the issue at hand is an ethical one. 2. Consult authoritative sources such as medical association codes of ethics and policies and respected colleagues to see how physicians generally deal with such issues. 3. Consider alternative solutions in light of the principles and values they uphold and their likely consequences. 4. Discuss your proposed solution with those whom it will affect. 5. Make your decision and act on it, with sensitivity to others affected Issue of making a decision concerning good or right or bad but it’s not concerning the law or legalistic-ethical issue or ethical decision making Whoever will be affected- nurses, relatives, etc

Answer 13

Now it’s saying the answer is b wai. Answer is duty of care. Yes, harm was caused in both cases, but the key difference is what the question is focusing on: 1. When the focus is on the doctor’s responsibility to care for the patient → Duty of Care • If the doctor completely neglects the patient, refuses treatment, or abandons them, it’s a duty of care issue. • Example: A doctor refuses to treat a patient in critical condition, leading to their death. • ✅ Duty of care was violated because the doctor had an obligation to provide care but failed to act at all. 2. When the focus is on whether the doctor’s actions were medically appropriate → Standard of Care • If the doctor tried to treat the patient but did it incorrectly or below the accepted medical standard, then it’s a standard of care issue. • Example: A doctor misdiagnoses a pneumonia patient and prescribes an incorrect antibiotic, leading to complications. • ✅ Standard of care was violated because the doctor provided treatment, but it was incorrect and did not follow accepted medical guidelines. But Didn’t the Doctor Also Breach Duty of Care? Yes! If a doctor fails to meet the standard of care, they often also breach their duty of care. But in exams, if you’re asked to choose between the two: • Pick “Duty of Care” when the question is about whether the doctor took responsibility for the patient. • Pick “Standard of Care” when the question is about whether the doctor’s treatment followed proper medical guidelines. Here are some clear examples to help you differentiate duty of care and standard of care in different scenarios: 🟢 Duty of Care Violations (Failure to Take Responsibility for a Patient) 1. A doctor in the ER refuses to treat a critically ill patient because their shift is ending. • ✅ Breach of duty of care → The doctor had a responsibility to provide care but abandoned the patient. 2. A physician walks past a collapsed patient in a hospital hallway and does nothing. • ✅ Breach of duty of care → The doctor ignored a situation where they were expected to help. 3. A surgeon leaves a patient on the operating table mid-surgery to take a personal call, leading to complications. • ✅ Breach of duty of care → The surgeon had a responsibility to continue the surgery but neglected it. 🟡 Standard of Care Violations (Failure to Follow Medical Guidelines) 4. A doctor misdiagnoses appendicitis as food poisoning and sends the patient home. The appendix ruptures later. • ✅ Breach of standard of care → The doctor provided care but failed to diagnose and treat correctly. 5. A nurse administers 10 times the normal dose of insulin by mistake, causing severe hypoglycemia. • ✅ Breach of standard of care → The nurse performed the task but did it in a medically inappropriate way. 6. A doctor prescribes a medication for a heart attack that is known to be dangerous for this condition. • ✅ Breach of standard of care → The doctor gave treatment, but it was medically incorrect. 🔴 Cases Where Both Are Breached Sometimes, a case violates both duty of care and standard of care: 7. A doctor refuses to see a patient with chest pain, and when they finally do, they misdiagnose it as acid reflux. • 🔹 Breach of duty of care (for delaying treatment). • 🔹 Breach of standard of care (for misdiagnosing and giving incorrect treatment). • 🚀 If forced to choose one, pick the one the question emphasizes more. 🚀 Quick Trick to Choose • Ask: “Did the doctor completely ignore their responsibility?” → Duty of care • Ask: “Did the doctor try to help but do it wrongly?” → Standard of care

Answer 14

Answer is b I see where you’re coming from! Doctors do have a duty to treat patients fairly, but the key issue with option C is the phrase “regardless of circumstances.” While duty of care requires fairness, it doesn’t mean equal treatment in all situations—it means appropriate treatment based on the patient’s condition and medical needs. Why Option C is Incorrect 1. Triage in Emergencies – In an ER, a patient with a heart attack is treated before someone with a minor cut. This isn’t equal treatment, but it follows duty of care by prioritizing urgent cases. 2. Resource Limitations – A doctor in a rural clinic with one ventilator must decide which patient benefits most from it. Treating both “equally” isn’t possible. 3. Legal and Institutional Policies – Some hospitals have specific policies (e.g., specialists treating only certain conditions), meaning doctors aren’t legally required to treat all patients equally. Why Option B is Correct “Duty of care” means ensuring that every patient receives safe and appropriate care—which may not always be equal, but should always be fair and ethical. Sure! Here’s a clearer way to explain it: Doctors have a duty of care to ensure that every patient receives safe, competent, and appropriate treatment. However, this does not always mean treating all patients equally—it means treating them fairly based on their medical needs. For example: • In an emergency, a critically ill patient is treated before someone with a minor injury. This isn’t equal treatment, but it is fair and medically justified. • A specialist may not be legally required to treat conditions outside their expertise, even if another doctor would. So, option C is incorrect because “treating all patients equally” ignores real-world medical priorities, while option B correctly defines duty of care as ensuring patient safety and well-being.

Answer 15

Why isn’t the correct answer C? Keeping medical records secure is an important ethical duty, but it falls under privacy and confidentiality, not fidelity. • Fidelity is about a healthcare professional’s loyalty, faithfulness, and commitment to their patient’s well-being and trust. • Privacy/confidentiality is about protecting patient information from unauthorized access or disclosure. Key Difference: • A doctor can keep medical records secure but still break fidelity by not following through on commitments to the patient. • Fidelity is broader—it covers being truthful, keeping promises, and prioritizing patient trust, not just securing records. Example of Fidelity Violation: • A doctor promises to advocate for a patient’s treatment but later neglects to do so. • A nurse reassures a patient that their pain will be managed, but then ignores their concerns. Sure! Here’s a clearer explanation: Why isn’t the correct answer C? Keeping medical records secure is important, but it falls under privacy and confidentiality, not fidelity. • Fidelity means being loyal, trustworthy, and committed to the patient’s well-being. It involves keeping promises, acting in the patient’s best interest, and maintaining trust. • Privacy and confidentiality refer specifically to protecting patient information from unauthorized access or disclosure. Key Difference: • A doctor can keep medical records secure but still violate fidelity if they fail to act in the patient’s best interest or break their trust. • Fidelity is about more than just protecting information—it’s about honoring commitments and prioritizing patient care. Example of Fidelity Violation: • A doctor promises to explore all treatment options but doesn’t follow through. • A nurse reassures a patient that they’ll manage their pain but then ignores their requests. Would you like me to adjust anything further?

Answer 16

Yes, once you give medical advice, you assume a duty of care, even if you are not a doctor. Why? 1. Expectation of Expertise – If you are in a healthcare profession, people assume you have knowledge, so your advice carries weight. 2. Influencing Medical Decisions – If your advice leads someone to delay or avoid proper treatment, you can be held responsible. 3. Legal & Ethical Responsibility – Even informal advice can create liability if it causes harm. Exceptions: • General health discussions (e.g., “Eating less spicy food may help with heartburn.”) • Clearly stating “I’m not a doctor, you should see one.” Key Lesson: If you give advice that influences someone’s health decisions, you may have a duty of care and can be held accountable if harm occurs. Why Does It Matter? The moment advice sounds like a diagnosis or treatment plan, it creates a duty of care, meaning you can be held responsible if it leads to harm.

Answer 17

The Fiduciary or Trustee Model • In this model the patient places his body and his health 'in trust' with the physician. The physician is morally obligated to act in that patient's best interests. • The physician must consider the wishes of the patient but ultimately it is he who must take responsibility for the decision. While there are elements of this model in all professional-patient relationships, it is perhaps best suited to the medical care of an incompetent patient. • It also applies where the patient requests that the physician (assuming he accepts the responsibility) make the decision for him. Fiduciary refers to a relationship based on trust, where one party (the fiduciary) has a duty to act in the best interest of another party. In healthcare, a doctor has a fiduciary duty to their patient, meaning they must prioritize the patient’s well-being, act with honesty, and avoid conflicts of interest. The Priestly Model • This represents the traditional paternalistic doctor-patient relationship, its main ethical principle is “benefit and do no harm to the patient”, which takes precedence over the patient's autonomy. • It is a paternalistic model that ascribes a religious or spiritual authority to the doctor and creates an unbalanced ethical situation that devalues individual freedom and dignity, truth-telling, promise-keeping and justice. • It enhances the doctor's power at the expense of the patient, and tends to focus on the patient's medical needs to the exclusion of other considerations such as respect and autonomy. The Engineering Model • This results from the impact of science. The doctor behaves like an applied scientist and vainly attempts to divorce himself from all value judgments. The physician presents all the facts to the patient and leaves the entire responsibility of making the decision to the patient. Veatch (1972) suggests that this 'would make him an engineer, a plumber making repairs, connecting tubes and flushing out clogged systems, with no questions asked'. The Customer-Sales Person Model • In this model the patient takes the role of the customer. The essential feature of the model is that ‘the customer is always right’. The duty of care of the physician is simply to respond honestly to any requests for information but he is under no obligation to volunteer the information. • The physician is under a duty to only provide ‘goods’ that are suitable for their purpose and must also warn of any dangers or risks. Ultimately, however, sole responsibility lies with the patient and the physician accepts no moral responsibility for the treatment decision. • This model gains credibility from the political drive to run healthcare along the lines of a market economy. However, it reduces the role, duty and moral responsibility of the physician too far. It also means that a healthcare professional may sometimes have to provide a service to which they are morally opposed (see Randall and Downie, 1996). The Collegial or Partnership Model • The physician and patient are colleagues working in partnership towards the common goal of restoring and maintaining the patient’s health. It enhances the roles of trust, confidence and commitment creating an ‘equality of dignity and respect’ (Veatch, 1972). • Both parties share the responsibility for decision-making. This model is wholly inappropriate when the patient lacks sufficient autonomy. It also fails to recognise the reality that the doctor usually has a far greater knowledge than the patient. Furthermore, the doctor’s autonomy is not diminished by ill health and the interaction is usually on the doctor’s ‘home ground’. • All these factors result in a power imbalance that makes a truly equal partnership difficult to achieve. It is perhaps also unrealistic, because of ethnic, class, religious, economic and value differences, to expect doctors and their patients to share common goals. The Contractual Model • This is to be seen as a symbolic contract or covenant, which provides expected obligations and benefits for both parties arrived at through negotiation. It recognises that there may not be common goals and it respects the ‘basic norms of freedom, dignity, truth-telling, promise-keeping and justice’ (Veatch, 1972). • It requires the trust and confidence of both parties and respects the autonomy and moral values of both doctor and patient. It means that a doctor is not obliged to provide a treatment they disagree with and it means that a patient cannot be treated against their will. The patient accepts moral responsibility for his decision while the doctor retains responsibility for the choices offered to the patient, assistance given to help the patient understand and make their decision, and in the performance of the treatment agreed upon. • Again, it is an inappropriate model for incompetent patients. Also, since the provision of the goods is in the hands of the doctor, there may be an undue imbalance of power. This is especially true in a healthcare setting where the patient does not directly pay for the doctor’s services. Theoretically, the patient can shop around for a doctor willing to provide the required service but this is not often practical in a system that operates through regional funding.

Answer 18

Causes could include: 1. Perceived failure 2. Unhappiness 3. Breach of trust 4. Threat 5. Attitude 6. Sexual advances Features: Active listening Maintain eye contact Read body language Clinical setting related obstacles to communication: Nature of consulting/ lab/ward room Uncomfortable environment Screen/ Barriers between you and patient Waiting area Secure environment Attitude of staff Accessibility Practitioner related obstacles to communication: Subconscious anxieties Lack of attention to emotional content Unresolved emotional/ psychological content Upbringing/ lifestyle/ culture/ religion Lack of training Lack of role models Lack of insight into communication deficiencies Misapprehensions Patient related obstacles to communication: Language Illness Intimidation Embarrassment Use of Medical Jargons Age Gender Social Class Emotional Response Reluctance to answer questions

Answer 19

Skills for Resolving Ethical Dilemmas 1. Listening – Understanding different perspectives by actively listening to patients, families, and colleagues. This helps clarify concerns and ethical conflicts. 2. Conflict Resolution – Finding a middle ground when ethical issues create disagreements among patients, families, or healthcare teams. 3. Tolerance for Ambiguity – Accepting that ethical issues often have no clear-cut answers and being comfortable making decisions in uncertain situations. 4. Ability to Apply Ethical Principles and Carry Out Duties – Using principles like autonomy, beneficence, non-maleficence, and justice to guide decision-making while fulfilling professional responsibilities. Framework for Ethical Decisions 1. Medical Indications – What is the medical problem? What are the treatment options? What are the risks and benefits? 2. Patient Preferences – What does the patient want? Are they competent to decide? Is their decision voluntary? 3. Quality of Life – How will the treatment impact the patient’s well-being and long-term life quality? 4. Contextual Features – Are there social, legal, financial, or cultural factors influencing the decision? Are there family or institutional constraints? This framework helps ensure that ethical decisions are made in a structured and balanced way. Bioethics development is influenced by: Healthcare Policy • health care insurance, health policy & biological research • Politics vs. Economics • These are forces that shape medicine & access to it. • Societal Issues • Involves access, allocation & distribution of health care resources. • Scientific Advances • New subjects, most recently in genetics, genomics, cloning, etc.

Answer 20

• Obedience • A common way of making ethical decisions, especially by children and those who work within authoritarian structures (e.g., the military, police, some religious organizations, many businesses) • Imitation • Very similar to obedience in that it subordinates one's judgement about right and wrong to that of another person, in this case, a role model. 18-Dec23 • Feeling or desire • A subjective approach to moral decision making and behaviour • Intuition • an immediate perception of the right way to act in a situation. • Habit| • a very efficient method of moral decision-making since there is no need to repeat a systematic decision-making process each time a moral issue arises similar to one that has been dealt with previously 14: • (a) a consent is void if the person giving it is under twelve years (12) of age, or in the case of an act involving a sexual offence, sixteen years (16), or is, by reason of insanity or of immaturity, or of any other permanent or temporary incapability whether from intoxication or any other cause, unable to understand the nature or consequences of the act to which he consents". • (b) a consent is void if it is obtained by means of deceit or of duress; December 18, 2023 10 THE CRIMINAL CODE, 1960 (ACT 30) • (c)aconsentisvoidifitisobtainedbytheundueexercise of any official, parental, or any other authority; and any such authority which is exercised otherwise than in good faith for the purposes for which it is allowed by law, shall be deemed to be unduly exercised; • (d)aconsentgivenonbehalfofapersonbyhisparent, guardian, or any other person authorized by law to give or refuse consent on his behalf, is void if it is given otherwise than IN GOOD FAITH for the benefit of the person on whose behalf it is given; • (e)aconsentisofnoeffectifitisgivenbyreasonofa fundamental mistake of fact; December 18, 2023 11 THE CRIMINAL CODE, 1960 (ACT 30) • (f)aconsentshallbedeemedtohavebeenobtained by means of deceit or of duress, or of the undue exercise of authority, or to have been given by reason of a mistake of fact, if it would have been refused but for such deceit, duress, exercise of authority, or mistake, as the case may be; • (g)forthepurposesofthissection,exerciseof authority is not limited to exercise of authority by way of command, but includes inf luence or advice purporting to be used or given by virtue of an authority; • (h)apersonshallnotbeprejudicedbytheinvalidity of any consent if he did not know, and could not by the exercise of reasonable diligence have known, of the invalidity. December 18, 202 As a doctor, obtaining valid informed consent is crucial to ensure that the patient’s agreement to a medical procedure or treatment is legally and ethically sound. To avoid issues that would make consent void under the Criminal Code, 1960 (Act 30) in Ghana, follow these steps: 1. Ensure the Patient is Competent • Confirm that the patient is above the legal age for consent (usually ≥18 years, but ≥16 years for sexual matters). • If the patient is underage, obtain consent from a parent/guardian. • Assess mental capacity: Ensure the patient is not intoxicated, unconscious, mentally ill, or in any condition that affects decision-making. 2. Avoid Deceit or Duress • Be truthful: Provide accurate, complete information without misleading the patient. • Avoid coercion: The patient should freely choose to consent without pressure from doctors, family, employers, or religious leaders. • Respect refusals: If a patient refuses consent, document it properly and explore alternatives. 3. Prevent Undue Influence or Authority Abuse • If you’re in a position of authority (e.g., a senior doctor over a junior doctor, a doctor over a patient, or a doctor advising a patient’s guardian), ensure advice is neutral and evidence-based. • Avoid forcing or pressuring a guardian or patient to give consent. 4. Obtain Consent in Good Faith • Ensure consent benefits the patient and is not for personal or institutional gain. • If a guardian is providing consent on behalf of a minor or incapacitated patient, confirm that it is genuinely in the patient’s best interest. 5. Ensure There is No Fundamental Mistake • Clearly explain the procedure, risks, benefits, and alternatives. • Verify that the patient understands what they are consenting to. • Ask the patient to repeat key points in their own words to confirm understanding. 6. Use Proper Documentation • Obtain written consent where required, especially for major procedures. • Document verbal consent in the patient’s medical records. • If doubts arise, involve a witness (e.g., a nurse or another doctor). By following these steps, you reduce the risk of invalid consent and uphold ethical and legal standards in medical practice.

Answer 21

Itispermittedinspecialcircumstanceslikewhenpatient is not competent by age, physical or mental condition, when guardian is not available & patient’s condition is life threatening (To prevent death or grievous hurt). • Surrogateconsent:-Anybodywhoisinvalidcustodyofthe individual is permitted to give consent. Common steps and considerations in assessing Capacity 1. Context-Specific Evaluation: 1. Capacity assessments are context-specific. The ability to make decisions can vary depending on the complexity and nature of the decision. For example, an individual may have the capacity to make simple everyday choices but may struggle with more complex medical decisions. 2. Understanding of Relevant Information: 1. The individual's ability to understand information related to the decision is a key focus. Assessors evaluate whether the person comprehends the facts, risks, benefits, and consequences associated with the decision. Common steps and considerations in assessing Capacity 3. Communication Skills: 1. The ability to effectively communicate one's choices is crucial. Assessors look at whether the individual can express their preferences, values, and decisions clearly, either verbally, in writing, or through other means. 4. Appreciation of Consequences: 1. The individual should appreciate the potential consequences of their decisions. This involves understanding the likely outcomes and the impact of the decision on their well-being. Common steps and considerations in assessing Capacity 5. Ability to Reason: 1. Assessors examine the person's reasoning ability. This includes evaluating whether the individual can weigh different options, understand cause-and-effect relationships, and make logical connections in their decision-making process. 6. Freedom from External Pressure: 1. Capacity assessments consider whether the individual is making decisions voluntarily, free from coercion or undue influence. This ensures that the person's choices are not manipulated by external factors. Common steps and considerations in assessing Capacity 7. Temporal Consistency: 1. Evaluators may consider the temporal consistency of decision-making capacity. This involves assessing whether the individual's capacity is stable over time or whether it fluctuates based on specific circumstances or health conditions. 8. Use of Support and Aids: 1. In some cases, individuals may require support or aids to enhance their capacity. For example, the use of visual aids, simplified language, or support from family members may help individuals better understand information. 9. Documentation: 1. Comprehensive documentation is essential. The results of the capacity assessment, including the specific aspects evaluated and the conclusions drawn, should be thoroughly documented. This documentation serves as a record and can be crucial in legal and healthcare decision-making processes.

Answer 22

What to do during lack of Capacity 1. Best Interests Assessment: 1. Conduct a best interest's assessment to determine the course of action that would be in the person's best interests. This involves considering the person's values, preferences, and any expressed wishes when they had capacity. Consultation with family members, close friends, or other relevant individuals may also be part of this process. 2. Consultation with Relevant Parties: 1. Engage in discussions with family members, friends, and any legally appointed representatives to gather insights into the person's preferences and values. These individuals can provide valuable information to guide decision-making in the absence of the person's capacity. What to do during lack of Capacity 3. Legal Frameworks and Documentation: 1. Adhere to legal frameworks governing decision-making for individuals lacking capacity. This may involve seeking guidance from guardianship laws, advanced care directives, or similar legal instruments. Ensure that decisions are made in accordance with applicable laws and regulations. 4. Multidisciplinary Collaboration: 1. Engage a multidisciplinary team, including healthcare professionals, social workers, and legal experts, to collectively assess the individual's situation and make decisions in their best interests. Collaborative decision-making helps ensure a comprehensive and holistic approach. What to do during lack of Capacity 5. Regular Review: 1. Periodically review the individual's capacity, as it may fluctuate based on factors such as medical conditions, treatment, or changes in circumstances. Regular assessments help in adapting the care plan to the person's evolving needs. 6. Advocate for the Person's Rights: 1. Advocate for the protection of the person's rights and dignity. Even when lacking capacity, individuals retain certain fundamental rights, and decisions made on their behalf should respect these rights to the greatest extent possible. 7. Court Involvement if Necessary: 1. In some cases, legal proceedings may be necessary, especially if there are disputes regarding the best interests of the individual. Seeking court involvement may provide a formal process for decision-making and ensure that all relevant considerations are thoroughly examined. What to do during lack of Capacity 8. Communication with Care Team: 1. Maintain open communication with the care team, ensuring that all members are informed about the decisions made in the best interests of the individual. Clear and transparent communication fosters a collaborative and supportive environment. 9. Documentation: 1. Thoroughly document the decision-making process, including the factors considered, individuals consulted, and the rationale behind the decisions. Proper documentation is crucial for legal and ethical accountability. 10. Training and Education: 1. Provide ongoing training and education for healthcare professionals and caregivers involved in the care of individuals lacking capacity. This ensures that they are well-informed about relevant legal and ethical considerations and can navigate complex decision-making scenarios appropriately.

Answer 23

Advance Decisions/ Directives • An advance decision, also commonly known as an advance directive or living will, is a legal document in which an individual outlines specific medical treatments or interventions they would like to refuse or accept in the event they become incapacitated and are unable to communicate their wishes. • The purpose of an advance decision is to allow individuals to maintain control over their healthcare decisions, particularly in situations where they may lose the capacity to make informed choices. Advance Decisions/ Directives • Key components of an advance decision may include preferences regarding life-sustaining treatments, resuscitation, organ donation, and other medical interventions. • The document typically outlines under what circumstances and conditions the individual wishes these treatments to be withheld or administered. • Advance decisions are legally binding in many jurisdictions, provided they meet specific legal requirements. These requirements may include the document being in writing, signed, witnessed, and, in some cases, registered with relevant healthcare authorities. • It is important for individuals to regularly review and update their advance decisions to ensure that they accurately ref lect their current wishes. Advance Decisions/ Directives • The primary goal of an advance decision is to respect an individual's autonomy and ensure that their healthcare preferences are honoured, even when they are unable to express them directly. • Healthcare providers are legally obligated to adhere to the directives outlined in a valid advance decision, making it a crucial tool for individuals who wish to have a say in their medical care under different circumstances Consent forms: 1.General Consent Form: 1. This form is a broad consent document that patients may sign upon admission to a healthcare facility. It grants general permission for routine medical procedures, diagnostic tests, and other common healthcare interventions that may be part of the standard care provided by the facility. Types of Consent Forms 2. Surgical Consent Form: 1. Patients undergoing surgical procedures are typically required to sign a specific consent form for the surgery. This form provides details about the specific procedure, potential risks, benefits, and alternative treatment options. Surgeons often review this information with patients before obtaining their signature. 3. Anaesthesia Consent Form: 1. For surgeries or medical procedures involving anaesthesia, a separate consent form may be necessary. This form outlines the potential risks and side effects associated with anaesthesia administration and ensures that patients understand and accept these risks. Types of Consent Forms 4. Informed Consent for Medical Treatment: 1. This form is used for various medical treatments or interventions, such as medications, physical therapies, or other non-surgical procedures. It outlines the details of the treatment, including its purpose, potential risks, benefits, and alternatives. 5. Consent for Blood Transfusion: 1. In situations where a blood transfusion is necessary, patients may be required to sign a consent form specifically for this procedure. The form provides information about the process, potential risks (such as transfusion reactions), and the need for blood products. Types of Consent Forms 6. Research Consent Form: 1. Individuals participating in clinical trials or medical research studies sign a research consent form. This document explains the study's purpose, procedures, potential risks, benefits, and the voluntary nature of participation. 7. Psychiatric Treatment Consent Form: 1. Patients receiving psychiatric treatment or interventions, such as electroconvulsive therapy (ECT) or certain medications, may sign a specific consent form detailing the proposed treatment and its implications. 8. Consent for Minors or Incapacitated Adults: 1. In cases where the patient is a minor or lacks the capacity to provide informed consent, a legal guardian or healthcare proxy may sign a consent form on their behalf. This process often involves adhering to specific legal requirements. Types of Consent Forms 9. EmergencyTreatmentConsentForm: • In emergency situations where immediate treatment is necessary and obtaining traditional written consent is not feasible, healthcare providers may use a verbal or implied consent process. • However, in non-urgent situations, healthcare facilities may request patients to sign an emergency treatment consent form in advance.

Answer 24

Factors To Consider When Obtaining Consent • The principle of voluntariness • This is paramount, necessitating an environment free from coercion, pressure, or any form of undue influence. • Patients should feel empowered to make decisions autonomously, devoid of external forces impacting their choices. • The information provided. • Healthcare providers must offer clear, understandable, and detailed explanations about the nature of the proposed treatment, potential risks and benefits, available alternatives, and the anticipated outcomes. • Ensuring that the information is tailored to the individual's level of comprehension and cultural background is equally essential. Factors To Consider When Obtaining Consent • The capacity of the patient to make informed decisions must be assessed. • Healthcare professionals should evaluate the individual's cognitive ability to understand the provided information, weigh the consequences, and communicate their preferences. • This assessment becomes particularly critical when dealing with vulnerable populations or individuals with diminished decision-making capacity. • The Communication. • Consent is not a one-time event; it is a dynamic process that may require continuous dialogue, especially in situations where treatment plans evolve, or unexpected developments arise. • Maintaining an open line of communication fosters a collaborative partnership between healthcare providers and patients, allowing for the ongoing exchange of information and addressing any concerns that may emerge. Factors To Consider When Obtaining Consent • The documentation of the consent process. • A thorough and well-documented record should include the details of the information provided, discussions held, and the agreement reached. This documentation serves as a safeguard, ensuring transparency and accountability in the event of future inquiries or disputes. • Respecting cultural and individual preferences. • Recognizing and accommodating diverse cultural norms, beliefs, and communication styles enhances the patient's comfort and understanding, fostering a more inclusive and patient-centered approach to obtaining consent.

Ethics And Law Flashcards

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