ETHICS AND PROFESSIONALISM Flashcards

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1
Q

What are human factors?

A

Enhancing clinical performance through an understanding of the effects of teamwork, tasks, equipment, workspace, culture and organisation on human behaviour

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2
Q

Give examples of some human factors?

A

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

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3
Q

What is the Swiss cheese model?

A

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

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4
Q

Outline the importance of teamwork for protecting pt safety?

A

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

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5
Q

What are some principles of good team working?

A

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

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6
Q

What is the professional duty of candour?

A

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

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7
Q

Who are patient safety incidents reported to?

A

National Reporting and Learning System- the Learn from patient safety events (LFPSE) service

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8
Q

Where must you report suspected adverse reactions to medicine?

A

UK-wide yellow card scheme
MHRA

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9
Q

Why is it important to report mistakes?

A

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.

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10
Q

What are the potential consequences of failing to report mistakes?

A

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.

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11
Q

What are the main ethical dilemmas in organ transplantation?

A

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

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12
Q

What are the main ethical dilemmas in blood donation?

A

Safety of blood
Informed consent
Discrimination e.g. men who have sex with men
Privacy of blood donors

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13
Q

Whats the law on organ donation?

A

Max and Keiras law - The Organ Donation (Deemed Consent) Act 2020 - opt out system

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14
Q

What are the ethics of an opt out organ donation system?

A

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

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15
Q

Outline the role of family in the opt out organ donation system?

A

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.

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16
Q

What is the Human Tissue Act 2004?

A

The act that regulates the removal, storage and use of human tissue

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17
Q

What are offences under the HTA 2004?

A

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.

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18
Q

What can you donate as a living donor?

A

Kidney
Part of liver
Bone
Placenta

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19
Q

What are the benefits of living donation?

A

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

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20
Q

What are ethical considerations in living donation?

A

Informed consent
Potential coercion
Fairness in allocation of organs

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21
Q

Ethics of compulsory detention and treatment in mental health

A

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

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22
Q

What are the key principles of the MCA/

A

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

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23
Q

Whats the 2 stage test of capacity?

A

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.

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24
Q

When does MCA say a person is unable to make a decision?

A

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

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25
Q

What is an advance decision?

A

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

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26
Q

When can you make an advance decision?

A

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

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27
Q

What must you do to refuse treatment in an advance decision?

A

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

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28
Q

Can you refuse future treatment that could be made to have if you’re sectioned?

A

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.

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29
Q

What is an advanced statement of wishes?

A

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

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30
Q

Whats a deprivation of Liberty?

A

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.

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31
Q

What are the key elements to consider when considering DoLS?

A

Whether its in their best interest
Whether its become necessary and unavoidable - i.e is it the least restrictive options

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32
Q

Deprivation of liberty safeguards (DoLS) conditions

A

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

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33
Q

Court of Protection conditions

A

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

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34
Q

What are the differences between DoLS and detained under MHA?

A

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.

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35
Q

what were deprivation of liberty safeguards meant to be replaced by in April 2023?

A

Liberty protection Safegaurds

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36
Q

why were DoLS going to be replaced by LPS?

A

The new system was intended to provide greater clarity around when and how restrictions on a person’s liberty could be imposed, and to involve families and carers more closely in decision-making processes. The LPS were also intended to be more flexible than the DoLS, so that they could be applied to a wider range of care settings, including people’s own homes.

37
Q

What was the Bournewood case? What was the significance?

A

a man with autism and learning disabilities who was detained at a hospital in 1997. He was not formally detained under the Mental Health Act 1983, but was deemed to be informally detained under the common law principle of “necessity” due to his inability to consent to his care and treatment.
His family challenged his detention in court, arguing that his rights to liberty and autonomy had been violated. The case ultimately reached the European Court of Human Rights, which ruled in 2004 that HL’s detention had been a violation of his human rights.

This case highlighted a gap in the law regarding the deprivation of liberty of people who lack the capacity to consent to treatment - led to development of DoLS under the MCA

38
Q

What are the issues with DoLS?

A

It goes against article 5 of the human rights act which is the right to liberty and security which should protect us from having our freedom taken away

39
Q

Which laws protect confidentiality?

A

Data protection Act 2018
Common law of confidentiality
General data protection regulation
Human rights act 1998

40
Q

when can you breach confidentiality in mental health?

A

There are concerns that you’re at risk of serious harm or you’re in danger.
There are concerns that someone else is at serious risk of harm or that they’re in danger.
You’re unable to make the decision about sharing your information.
Someone is told they have to by law.

41
Q

Give examples of the broad ethical and legal issues in dealing with individuals who present a risk of violence to others

A

Duty to protect third parties from harm
Confidentiality
Involuntary hospitalisation if they present a risk of violence to others - ethical concerns on autonomy (goes against article 5 of human rights)
Use of restrains and seclusions - coercive measures and potential for abuse (also goes against article 3 of human rights)
Use of medication - issues of consent and harms of SE

42
Q

What takes precedent MHA or MCA?

A

MHA

43
Q

Whats the purpose of MDT meetings in cancer?

A

Review and discuss each patient’s diagnosis and medical history, and agree on the best course of treatment for the individual.
Consider the patient’s physical, psychological, and social needs when developing a treatment plan.
Identify any potential problems or barriers that may affect the patient’s treatment, such as side effects, risk of infection, or other complications.
Develop an ongoing care plan that may involve follow-up appointments, ongoing monitoring, and rehabilitation services.

44
Q

What are effective MDT working requirements?

A

Clear communication
Clearly defined roles and responsibilities
Collaborate approach to decision making
Access to appropriate resources
Meeting regularly
Respect each other

45
Q

What are challenges can hinder effective team working in MDTs?

A

Lack of communication: Poor communication between team members can result in misunderstandings and poor decision-making.
Role confusion: If team members do not understand their roles and responsibilities, this can lead to duplication of effort or gaps in care provision.
Resource constraints: Limited access to resources, such as diagnostic tests or treatment options, can limit the MDT’s ability to provide the best care possible.
Conflicting priorities: Team members may have different priorities, making it challenging to agree on the best course of action.
Uneven workload

46
Q

Outline how effective co-working with other NHS specialities and non-NHS agencies maintains high quality patient care

A

patients receive comprehensive and coordinated care that addresses all their medical, physical, emotional, and social needs.
It helps to avoid fragmented care
Avoids duplication of services
It allows better use of resources
Increases pt satisfaction

47
Q

What is a death certificate?

A

a legal document issued by a medical practitioner which states when a person died, or a document issued by a government civil registration office, that declares the date, location and cause of a person’s death

48
Q

Whats the purpose of a death certificate?

A

Enables deceaseds family to register the death
Permenant legal record of the death
Enables family to arrange disposal of the body and settle the deceased’s estate

49
Q

When should deaths be registered?

A

Within 5 days of their occurrence unless there is to be a coroner’s postmortem or an inquest

50
Q

Who certifies a death?

A

the statutory duty of the doctor who has attended in the last illness to issue the MCCD

51
Q

when should you report a death to a coroner?

A

The death was due to poisoning including by an otherwise benign substance
The death was due to exposure to, or contact with a toxic substance
The death was due to the use of a medicinal product, the use of a controlled drug or psychoactive substance
The death was due to violence, trauma or injury
The death was due to self-harm
The death was due to neglect, including self-neglect
The death was due to a person undergoing any treatment or procedure of a medical or similar nature
The death was due to an injury or disease attributable to any employment held by the person during the person’s lifetime
The person’s death was unnatural but does not fall within any of the above circumstances
The cause of death is unknown
The registered medical practitioner suspects that the person died while in custody or otherwise in state detention
The attending medical practitioner is not available within a reasonable time of the person’s death to sign the certificate of cause of death
The identity of the deceased person is unknown

(Basically the only way that you do not is it you know what illness caused the patient’s death and have seen and treated them for that illness within the 28 days before they died)

52
Q

What are the 4 principles of biomedical ethics?

A

Autonomy
Beneficence
Non-maleficience
Justice

53
Q

What is autonomy?

A

The individual freely acts in accordance with a self-chosen plan
The ethical duty is to ensure patient’s decisions are informed and voluntary

54
Q

What is beneficence?

A

The moral obligation of a doctor to act in the best interest of the pt and promote good for society

55
Q

What is non-maleficience?

A

An ethical duty to avoid harming or injuring the pt

56
Q

What is the bolam test?

A

a doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a reasonable body of medical men skilled in that particular art

I.e. you have to show that any medical professional who was in the same position as them would have done the same, giving the same outcome

57
Q

What is justice?

A

All patients are treated fairly (with equity)

58
Q

What is negligence?

A

A breach in the legal duty of care which results in damage

59
Q

What principle can establish whether a doctor breached the duty of care and thus were negligence?

A

Bolam principle

60
Q

What is bolitho test?

A

An adaptation of the bolam principle - it builds on the Bolam test by introducing an additional requirement that the medical opinion relied on by the defendant must be capable of withstanding logical scrutiny

61
Q

A patient presents to the emergency department with symptoms of a heart attack. The triage nurse does not take the patient’s symptoms seriously and does not refer them to a doctor. Later, the patient suffers a heart attack and requires emergency treatment. Was the nurse negligent, and would they pass the Bolam or Bolitho test?

A

In this scenario, the triage nurse did not refer a patient with symptoms of a heart attack to a doctor, and the patient suffered a heart attack later. The nurse may be found negligent under the Bolam principle if it is determined that a reasonable body of medical professionals would have referred the patient to a doctor in the circumstances. If the Bolitho test is applied, the nurse may still be found negligent even if they can demonstrate that their actions were in line with accepted medical practice, if it is determined that their medical reasoning was flawed or did not withstand logical scrutiny.

62
Q

What is normative ethics?

A

that branch of moral philosophy, or ethics, concerned with criteria of what is morally right and wrong

63
Q

What are the 3 sub fields of normative ethics?

A

Virtue ethics
Deontological ethics
Consequentialist ethics

64
Q

What is virtue ethics?

A

An action is only right if it is an action that a virtuous person would carry out in the same circumstances

65
Q

What is deontological ethics?

A

An ethical theory that states it is possible to determine the rightness or wrongness of actions by examining actions themselves without focussing on the consequencues

66
Q

What is consequentialist ethics?

A

An ethical theory that it is possible Tod determine the rightness or wrongness of actions by examining its consequences
I.e. an action that brings more good is better

67
Q

What is utilitarianism?

A

the right thing to do in any situation is whatever will “do the most good” (that is, produce the best outcomes) taking into consideration the interests of all concerned parties;

68
Q

What is Gillick competence?

A

The legal term used to describe the ability of a child or youn g person under 16 to make decisions about their own medical treatment, without the involvement of parents/guardians, if they are deemed to be mature and capable of understanding (i.e. if they are competent)
They can accept treatment but cannot refuse treatment!
Once over 16 they are assumed competent unless proven otherwise and can accept and refuse treatment

69
Q

What is the harm principle?

A

individuals should be free to act as they please, as long as their actions do not cause harm to others.
The only purpose for which power can be rightfully exercised over a person against their will is to prevent harm to others

70
Q

Should vaccines be compulsory according to thw harm principle?

A

Harm principle support vaccines being compulsory - decreases risk of disease transmission to vulnerable populations

71
Q

Outline the Fraser guidelines?

A

they must understand all the professionals advice
They must not be persuaded to inform their parents
They will likely begin or continue having, sexual intercourse with or without contraceptive treatment
Unless they receive contraceptive treatment their physical or mental health are likely to suffer
Their best interests require them to recieve contraceptive advice or treatment with or without parental consent

72
Q

What should you do if a person under 13 comes in for contraception?

A

Cannot apply Fraser guidelines as under 13
You should inform the parents/social services/police as this is statutory rape and pt cannot consent at this age

73
Q

Who deals with issues of sterilisation for patients without capacity

A

Court of Protection
They can make decisions on behalf of individuals who lack capacity, including decisions about medical treatment, such as sterilization. If a healthcare professional believes that sterilization may be in the best interests of a person who lacks capacity, they can make an application to the Court of Protection for a decision to be made.

74
Q

What was the disability discrimination act 1995?

A

UK law that aimed to protect people with disabilities from discrimination in a wide range of areas, including employment, education, and access to goods and services. The act made it illegal for employers, service providers, and educational institutions to discriminate against people with disabilities, and required them to make reasonable adjustments to ensure that people with disabilities were not put at a disadvantage.
E.g. allowing someone with anxiety to have their own desk, reasonable adjustment during recruitment, installing ramps for wheel-chair access, letting disabled persons work on ground floor, allow flexible hours

75
Q

What is the principle of equity?

A

a fundamental ethical principle that pertains to fairness and impartiality. In healthcare, the principle of equity means that all patients should be given access to the same quality of care and should not be discriminated against based on factors such as race, gender, age, socioeconomic status, or health condition.

76
Q

What is the principle of utility?

A

a fundamental ethical principle that is concerned with promoting the greatest good for the greatest number of people. Also known as the principle of consequentialism or the greatest happiness principle, this principle suggests that actions or decisions should be made based on their ability to maximize overall happiness and well-being.

77
Q

What is the principle of justice?

A

fair distribution of resources and benefits within a society or healthcare system. Both principles aim to ensure that everyone has an equal opportunity to access healthcare services and receive the care they need.

78
Q

What is some criticism on the principle of utility?

A

It can be difficult to measure or define “happiness” or “well-being” in a way that is objective and applicable to all situations.
it can lead to decisions that are not equitable or just, as it may prioritize the interests of the majority over the needs of minority groups.
Lack of consideration for other important ethical principles

79
Q

What is deontology?

A

Deontological theories of morality emphasize the importance of following moral rules or duties. These theories argue that certain actions are inherently right or wrong, regardless of their consequences

80
Q

What are some ethical issues that multidisciplinary teams often face when a patient has advanced dementia?

A

Need to respect confidentiality - ensure information is shared appropriately between those involved in the care
Working in pt best interests
Decision-making capacity
Autonomy

81
Q

What are some challenges pt with dementia might raise for an MDT?

A

Practical challenges of working within systems of care
Communication difficulties which make it hard for the MDT to understand their needs and preferences
Behaviour changes may be difficult for MDT to manage
Including the wishes and needs of others such as carers
Ethical challenges e.g. respecting confidentiality
Challenges regarding responsibility and decision making
Concern over elder abuse
Risk assessment

82
Q

How might behavioral changes in patients with dementia affect their care, and what strategies can a multidisciplinary team employ to manage these changes effectively?

A

Increased risk of falls and injuries due to agitation/wandering - remove tripping hazards, provide adequate lighting, develop a plan to ,on it or behaviour
Diffiuclt with ADLs - visual aids, social support
Increased risk of social isolation as harder to engage in social activities - group activities or one-on-one visits with staff members
Increased caregiver stress

83
Q

What are some common issues that may arise around medication management for patients with dementia, and how can a multidisciplinary team ensure safe and effective medication use?

A

Difficulty in remembering to take medications or managing medication schedules - dossette box, clear instructions to caregivers
Difficulty in communicating side effects or adverse reactions to medications - leaflets, educate caregivers about potential side effects
Increased risk of medication errors due to impaired cognition
Difficulty in administering medications (such as injections) due to behavioral changes - - use alternative medication delivery methods e.g. transdermal patch

84
Q

How might the limited life expectancy of patients with dementia impact their end-of-life care, and what factors should a multidisciplinary team consider when making decisions about end-of-life care for these patients?

A

Patients with advanced dementia may have limited life expectancy and may require palliative care or hospice care.
A multidisciplinary team should consider the patient’s wishes and goals of care, as well as the family’s wishes and cultural beliefs.
The team should consider the patient’s physical and emotional comfort, and ensure that the patient receives appropriate pain management and symptom relief.
The team should provide support to the patient and their family during the end-of-life process, and facilitate discussions about advanced care planning and decision-making.

85
Q

In what ways might communication difficulties impact the care of a patient with dementia, and how can a multidisciplinary team address these challenges?

A

Difficulty understanding the pt’s needs and preferences if they have difficult expressing these - use a range of communication startegies e,g. Visual aids
Difficulty conveying information to the pt - simple language, repetition, visual aids
Difficult building rapport which can impact the quality of care provided - active listening skills, non-verbal communication and empathy
Difficulty involving the pt in decision making - impacts autonomy - involve family members or caregivers

86
Q

What are some ethical and legal issues for managing challenging behaviour?

A

Valid/informed consent
Principle of best interest
Duty of care - HCP must ensure they are providing safe and effective care that meets pt needs. This includes managing challenging behaviour in a way that minimises harm and promotes positive outcomes for pt
Human rights law article 3 prohibits inhumane and degrading treatment - use of restrains may go against this unless alternative methods have been explored first
Human rights law article 5 - right to liberty
Coercion and force - violates human rights and may be considered abuse
Ethics - breaches their autonomy but may be beneficient/maleficient
Legal responsibility of a HCP is to report incidents of abuse and neglect
Legal - minimum level of force for the least amount of time needed
Justification for use must be to prevent injury to oneself or to others, or to prevent serious damage to property
Ethics - imbalance of power
Section 6 of the mental capacity act defines restraint and says its only permitted if the person using it reasonably beehives its necessary to prevent harm and if the restrain used is proportionate to the likelihood and seriousness of that harm

87
Q

What is a restraint?

A

An act carried out with the purpose of restricting an individual’s movement, liberty and/or freedom to act independently

88
Q

Outline ethical and legal issues of involuntary mental health treatment?

A

Beneficence - treatment will mitigate symptoms of illness which are severe enough to harm them or others
Reduces their autonomy
MHA - legal
Is it the least restrictive option?
Pt must ahve the right to a fair trial, right to legal representation, right to an IMHA etc

89
Q

Outline the ethical and legal issues of forced-feeding in eating disrders?

A

Autonomy - violation
Ethical - may have a significant psychological impact e.g. exacerbating feelings of guilt which can complicate their progress
Medical risks e.g. aspiration pneumonia, refeeding syndrome
Mist be the least restrictive option
Does the pt have capacity
Is it in their best interests?
Mental health act