ETHICS AND PROFESSIONALISM Flashcards
What are human factors?
Enhancing clinical performance through an understanding of the effects of teamwork, tasks, equipment, workspace, culture and organisation on human behaviour
Give examples of some human factors?
Fatigue
Stress
Poor communication
Heavy workload
Distractions in personal lives
Technology
Culture norms
Lack of resources
Complacency
Lack of teamwork
Pressure
Lack of assertiveness
Situational awareness
What is the Swiss cheese model?
There are many levels of defence in a system and each level of defence has ‘holes’ which are caused by poor design/decision making/lack of training etc
If these holes become aligned over successive levels of defence there will be a window of opportunity for a patient safety incident to occur
Outline the importance of teamwork for protecting pt safety?
Good teamwork can help mitigate the impact of human factors on pt safety
Good teamwork can avoid errors by promoting information sharing, cross-checking and redundancy
Team members can catch and correct errors before they reach a pt
Team members can provide feedback to each other which can help identify areas for improvement and prevent future errors
What are some principles of good team working?
Clear roles and responsibilities
Open and effective communication between members of team and between them and the pt
Mutual respect for individual roles
Shared goals
Effective leadership
Regular meetings
Training on team working
What is the professional duty of candour?
a professional responsibility to be honest with patients when things go wrong
HCP must be open and honest with the pt and people in their care when something has gone wrong with their treatment or has the potential to cause harm or distress
They must tell the person, apologise, offer support to put matters right and explain fully to the person the short and long term effects of what has happened
Who are patient safety incidents reported to?
National Reporting and Learning System- the Learn from patient safety events (LFPSE) service
Where must you report suspected adverse reactions to medicine?
UK-wide yellow card scheme
MHRA
Why is it important to report mistakes?
Reporting mistakes is essential for patient safety and quality improvement. It allows healthcare organizations to identify and address the root causes of errors, and develop strategies to prevent future incidents.
What are the potential consequences of failing to report mistakes?
Failing to report mistakes can have serious consequences, both for patient safety and for your professional reputation. It may also breach your professional obligations, and could result in disciplinary action or sanctions from the GMC.
What are the main ethical dilemmas in organ transplantation?
Allocation of limited organs
Informed consent
Financial incentives
Determining brain death
Issues regarding the recipient e.g. smokers, drinkers, organs damaged by their vices
Utility - allocate organs in a way that maximises the benefits to society
What are the main ethical dilemmas in blood donation?
Safety of blood
Informed consent
Discrimination e.g. men who have sex with men
Privacy of blood donors
Whats the law on organ donation?
Max and Keiras law - The Organ Donation (Deemed Consent) Act 2020 - opt out system
What are the ethics of an opt out organ donation system?
Opt out may increase the number of organs
Opt in system places unnecessary burden on individuals and their families to actively register their willingness to donate their organs
Opt out system easier
Opt out could infringe on individual autonomy
Some individuals wont opt out simply because they are unaware of the new system which could result in donations being made against their wishes
Opt oust system may impact vulnerable populations who may be less likely to opt out due to cultural or religious reasons
Concerns on how the spreads the word on opt out systems
Opt out systems may not actually increase organ donation numbrs
Outline the role of family in the opt out organ donation system?
even if an individual has not explicitly opted out of organ donation, their family or next of kin can still be consulted in the event of their death to confirm whether they wish to donate their organs. This is known as “deemed consent” or “presumed consent” with a family override.
In the absence of an explicit decision by the deceased, the views of their family or next of kin are taken into account when deciding whether to proceed with organ donation. If the family or next of kin object to donation, their wishes will generally be respected, even if the deceased had not opted out.
However, it is important to note that the family or next of kin’s decision is not legally binding, and ultimately it is the responsibility of the medical team to determine whether organ donation is possible and appropriate based on the medical criteria. Nonetheless, the family or next of kin’s decision will usually be respected, as it is important to ensure that they are supported and their wishes are taken into account during the difficult time following the death of a loved one.
What is the Human Tissue Act 2004?
The act that regulates the removal, storage and use of human tissue
What are offences under the HTA 2004?
Removing, storing or using human tissue for Scheduled Purposes without appropriate consent.
Storing or using human tissue donated for a Scheduled Purpose for another purpose.
Trafficking in human tissue for transplantation purposes.
Carrying out licensable activities without holding a licence from the HTA (with lower penalties for related lesser offences such as failing to produce records or obstructing the HTA in carrying out its power or responsibilities).
Having human tissue, including hair, nail, and gametes, with the intention of its DNA being analysed without the consent of the person from whom the tissue came or of those close to them if they have died.
What can you donate as a living donor?
Kidney
Part of liver
Bone
Placenta
What are the benefits of living donation?
Can provide a fast transplant process as recipient dies not have to wait for a deceased organ donation
Better outcomes as organ is transplanted whilst its healthy and functioning
What are ethical considerations in living donation?
Informed consent
Potential coercion
Fairness in allocation of organs
Ethics of compulsory detention and treatment in mental health
Autonomy can be limited
Least restrictive option - Should only be used when all other options have been exhausted or are not feasible
Justification based off clear specific criteria and regular reviews should be conducted to ensure its still necessary - as iy goes against article 5 of human rights!!
The right to legal representation, the right to appeal decisions, the right to be informed of options
Balance risks and benefits - protecting them from harm but negative psychosocial effects
What are the key principles of the MCA/
Presumption of capacity
Right for individuals to be supported to make their decisions
The right to make what might be seen as an eccentric or unwise decision
Best interests
Least restrictive intervention
Whats the 2 stage test of capacity?
1) Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use?
2) Does the impairment mean the person is unable to make a specific decision when they need to? People can lack capacity to make some decisions, but have capacity to make others. Mental capacity can also fluctuate with time – someone may lack capacity at one point in time, but may be able to make the same decision at a later point in time.
When does MCA say a person is unable to make a decision?
understand the information relevant to the decision
retain that information
use or weigh up that information as part of the process of making the decision
What is an advance decision?
a statement of instructions about what medical and healthcare treatment you want to refuse in the future, in case you lose the capacity to make these decisions.
It’s legally binding
When can you make an advance decision?
You have the capacity to make those decisions now
You’re an adult (aged 18 or over)
You can make your advance statement orally or in writing. If you want to refuse life-sustaining treatment, you must make it in writing
What must you do to refuse treatment in an advance decision?
You will need to:
Make your advance decision in writing
Make it clear that you understand you are refusing life-saving treatment, and that you understand the consequences
Include a statement confirming that your advance decision applies to life-saving treatment
Sign your advance decision in front of a witness, and get them to sign it
Include all relevant personal details, including your name and address
Can you refuse future treatment that could be made to have if you’re sectioned?
You cannot generally use an advance decision to refuse future mental health treatment that happens when you are sectioned under the Mental Health Act 1983. For example, you cannot refuse mental health medication in this way, in case you’re sectioned in the future.
The exception is with electroconvulsive therapy (ECT). You can use an advance decision to refuse ECT in the future, even if you end up being sectioned.
What is an advanced statement of wishes?
A written statement setting down your preferences, wishes and beliefs regarding your future care
It’s not legally bindings but it lets people know your wishes and preference if you lose capacity
Whats a deprivation of Liberty?
Being deprived of liberty means that you’re not free to go anywhere without permission or close supervision. It also means that you’re continuously supervised. This is against the law unless it’s done under the rules of the Mental Capacity Act.
A deprivation of liberty should only be used if it’s the least restrictive way of keeping you safe. Or making sure that you have the right medical treatment.
What are the key elements to consider when considering DoLS?
Whether its in their best interest
Whether its become necessary and unavoidable - i.e is it the least restrictive options
Deprivation of liberty safeguards (DoLS) conditions
You’re age 18 or over
You lack capacity to agree to the restrictions
You’re staying in a care home or hospital, and they’ve successfully applied for an authorisation from the local authority
The deprivation of liberty safeguards have been followed
Court of Protection conditions
The Court of Protection should be used to lawfully deprive you of your liberty if:
You’re age 16 or over
You lack capacity to agree to the restrictions
You live at home, in supported accommodation or in a shared lives placement
You’re in a care home or hospital but there’s a dispute over your placement there - DoLS can’t be used to take you aware from your home to a care home or hospital so you need an order from the Coiurt of Protection
What are the differences between DoLS and detained under MHA?
DoLS dont need to have treatment for a mental health problem
DoLS can be for keeping you safe or treating other health problems
DoLS only apply to people who are deprived of their liberty in care homes, hospitals, and other medical facilities, and are not designed to apply to people who are detained under the MHA.
what were deprivation of liberty safeguards meant to be replaced by in April 2023?
Liberty protection Safegaurds