Ethics Cases Flashcards
when would you carry out a functional test (stage two of capacity test)
if there is evidence of an impairment or disturbance in the functioning of the mind or brain (stage 1 of the capacity test)
what are the two stages of the capacity test
stage 1 - Is the impairment or disturbance sufficient that the person lacks the capacity to make that particular decision
stage 2 - they are unable to make a decision if…
1. Understand information about the decision to be made
2. Retain that information in their mind
3. Use or weigh-up the information as part of the decision process
4. Communicate their decision
what kind of impairment require a capacity test
it can be observable, behavioural such as memory problems or psychosis
is rejecting medical advice evidence of lack of capacity
no - a person can reject treatment only if there is no evidence of disruption of mental ability or understanding of the treatment
how can capacity normally be assessed
through normal conversation with the patient
what information must be disclosed to a patient or relatives
informed consent is only required from the patient regarding they have capacity - disclosure of information should only be confined to relevancy of the treatment
should a doctor disclose information which may negatively impact a family
only if relevant to treatment - the doctor must not involve themselves in marital relations and if asked directly say that these questions are not relevant to the treatment
is it okay to lie to patients
no - the doctor must not lie, deceive or withhold info which could affect the patient - however they can evade questions if justifiable such as not relating to treatment
what is undue influence
requires pressure from a third party to actively overrule the will of the patient
how would you go about assessing whether there is undue influence on a patient
sensitive discussion about how they reached their decision - observation of body language so assess response
should confidential always be maintained in young people under 18 and when should it not
yes - it should not if they are at risk of serious harm
is it okay to withhold information to parents
yes - it is not deceptive or a breach of duty as sometime parents have no right to the information
why can it be dodgy to intentionally deceive parents about a condition that a child has said about
you can’t protect young people by deceiving parents as the young person may later tell the parents and they may get annoyed at the doctor
what is conscientious objection
Conscientious objection in medicine is the notion that a health care provider can abstain from offering certain types of medical care with which he/she does not personally agree. This includes care that would otherwise be considered medically appropriate.
if you conscientiously object what must you tell the patient
You must explain to patients if you have a conscientious objection to a particular procedure. You must tell them about their right to see another doctor and make sure they have enough information to exercise that right
