Exam 1 Study guide (pt4) Flashcards
What are the 4 elements of informed decision making?
- Decision-making ability
- Information
- Voluntariness
- Agreement/Request or Declination/ Refusal
What are the two ways in which surrogates may make decisions (decision-making modalities)?
- Patient’s best interest
- Surrogates substituted judgement
What makes up the important states interests (fosmire)?
- Preservation of life
- Prevention of suicide
- Protection of innocent third parties
- Protection of the ethical integrity of healthcare professionals
When is consent not required?
- In an emergency
- Therapeutic privilege
- Treatment order by court
- Treatment required by law
- Nonconsensual treatment permitted by law
What does the following fall under?
- Emergency medical care - - life or limb
- Certain immunizations
- Isolation and quarantine
- Detention on closed wards
- Medical care related to mental disorders
- Diagnostic procedures
- Physical examinations
Required care for military members
Where does patient self-determination act apply to (if receiving Medicare or Medicaid)?
- Hospitals
- Nursing facilities
- Home health care organizations
- Hospices
- HMOs
What does the Patient Self-Determination Act require?
That patients be told about their right to refuse care and their right to execute advance directives
What are the different types of advance directives?
- DNR orders
- Durable powers of attorney for medical care
- Living wills
What is a creature of common law?
Power of Attorney
What comprises the power of attorney?
- Grant requires legal capacity
- Attorney - in - fact must have legal capacity
- Becomes effective on the date stated
- Becomes ineffective upon the grantor’s incapacity
What is a creature of statute?
Durable power of attorney for medical care
What does the following fall under?
- Grant requires legal capacity; effective receipt also requires legal capacity
- Becomes effective upon the grantor’s loss of decision - making capacity
Durable power of attorney for medical care
What is required for living wills?
- Requires a terminal condition
- Takes effect when a stated medical problem occurs
- Relies on health- care providers
What does the following fall under?
- Takes effect upon execution or loss of decision - making capacity
- Employs a named agent
- Grants decision - making power for any medical situation
Durable PoA (for Medical Care)
What is the American Theory of Damages?
An amount of money necessary to make the injured party whole
