Exam 3 Flashcards
a judgement made on behalf of a noncompetent patient and based on what that person would have decided had they been competent
Substituted Judgement
Substituted Judgement
a judgement made on behalf of a noncompetent patient and based on what that person would have decided had they been competent
has its origins in family law and has become the prevailing standard used to judge the adequacy of medical decision making on behalf of pediatric patients
Best interest standard
Best interest standard
has its origins in family law and has become the prevailing standard used to judge the adequacy of medical decision making on behalf of pediatric patients
incorporates the total well being of the individual rather just the medical well being
Best interest standard
a process who involves a competent individual voluntarily receiving and understanding information and then decision -making
Informed consent
what is Informed consent
a process who involves a competent individual voluntarily receiving and understanding information and then decision -making
term used to be applied when parents give permission for medical treatment on behalf of their child or adolescent
Parental Permission
Can a parent or legal guardian give legal consent for their child?
technically no, because because the person for whom the treatment is planned gives only informed consent. Parental permission is a more correct term
a broad term that covers the study of the nature of morals and the specific moral choices to be made
Ethics
type of ethics:
ethics attempts to answer the question, “Which general moral norms for the guidance and evaluation of conduct should we accept, and why?”
Normative
what type of morality?
not to kill, or harm, or cause suffering to others, not to steal, not to punish the innocent, to be truthful, to obey the law, to nurture the young and dependent, to help the suffering, and rescue those in danger
Common Morality
What type of morality?
refers to norms that bind groups because of their culture, religion, profession and include responsibilities, ideals, professional standards, and so on
Particular
what type of morality does this example represent?
the physician’s “accepted role” to provide competent and trustworthy service to their patients.
Particular
What war contributed to leading the rapid evolution of bioethics?
experimentation in concentration camps in World War II
4 principles of ethics
Beneficence
Nonmaleficence
Autonomy
Justice
which 2 principles of ethics can be traced back to the time of Hippocrates, “to help and do no harm”
Beneficence
Nonmaleficence
The other 2 evolved later
the obligation of physician to act for the benefit of the patient and supports a number of 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.
Beneficence
The principle calls for not just avoiding harm, but also to benefit patients and to promote their welfare. While physicians’ beneficence conforms to moral rules, and is altruistic, it is also true that in many instances it can be considered a payback for the debt to society for education (often subsidized by governments), ranks and privileges, and to the patients themselves (learning and research).
Beneficence
the obligation of a physician not to harm the patient.
Nonmaleficence
This simply stated principle supports several moral rules – do not kill, do not cause pain or suffering, do not incapacitate, do not cause offense, and do not deprive others of the goods of life.
Nonmaleficence
The practical application of _________ is for the physician to weigh the benefits against burdens of all interventions and treatments, to eschew those that are inappropriately burdensome, and to choose the best course of action for the patient.
nonmaleficence
which ethical principle is particularly important and pertinent in difficult end-of-life care decisions on withholding and withdrawing life-sustaining treatment, medically administered nutrition and hydration, and in pain and other symptom control. A physician’s obligation and intention to relieve the suffering (e.g., refractory pain or dyspnea) of a patient by the use of appropriate drugs including opioids override the foreseen but unintended harmful effects or outcome (doctrine of double effect) [7, 8].
Nonmaleficence
which ethical principle?
The philosophical underpinning for ________, as interpreted by philosophers Immanuel Kant (1724–1804) and John Stuart Mill (1806–1873), and accepted as an ethical principle, is that all persons have intrinsic and unconditional worth, and therefore, should have the power to make rational decisions and moral choices, and each should be allowed to exercise his or her capacity for self-determination
Autonomy
This ethical principle was affirmed in a court decision by Justice Cardozo in 1914 with the epigrammatic dictum, “Every human being of adult years and sound mind has a right to determine what shall be done with his own body”
Autonomy
example of when would autonomy need to be weighed against another competing moral principle, being overridden?
an obvious example would be if the autonomous action of a patient causes harm to another person(s).
The principle of autonomy does not extend to
persons who lack the capacity (competence) to act autonomously; examples include infants and children and incompetence due to developmental, mental or physical disorder.
who determines incapacity to make health-care decisions?
Who determines incompetence?
Health care professionals
Incompetence is determined by a court of law
Respecting the principle of _________obliges the physician to disclose medical information and treatment options that are necessary for the patient to exercise self-determination and supports informed consent, truth-telling, and confidentiality.
autonomy
The requirements of _____ _______ for a medical or surgical procedure, or for research, are that the patient or subject (i) must be competent to understand and decide, (ii) receives a full disclosure, (iii) comprehends the disclosure, (iv) acts voluntarily, and (v) consents to the proposed action.
informed consent
what type of standard?
what the patient would wish in this circumstance and not what the surrogate would wish
substituted judgement standard
what type of standard?
what would bring the highest net benefit to the patient by weighing risks and benefits
Best interests standard
______________ is a vital component in a physician-patient relationship; without this component, the physician loses the trust of the patient.
Truth telling
The sad consequences of not telling the truth regarding a cancer include depriving the patient of an opportunity for completion of important life-tasks:
what are these tasks?
giving advice to, and taking leave of loved ones, putting financial affairs in order, including division of assets, reconciling with estranged family members and friends, attaining spiritual order by reflection, prayer, rituals, and religious sacraments
_______ is generally interpreted as fair, equitable, and appropriate treatment of persons.
Justice
refers to the fair, equitable, and appropriate distribution of health-care resources determined by justified norms that structure the terms of social cooperation
Distributive Justice
what are the principles of distributive justice?
These are distribution to each person (i) an equal share, (ii) according to need, (iii) according to effort, (iv) according to contribution, (v) according to merit, and (vi) according to free-market exchanges.
prima facie obligation
Each one of the 4 principles of ethics is to be taken as a prima facie obligation that must be fulfilled, unless it conflicts, in a specific instance, with another principle. When faced with such a conflict, the physician has to determine the actual obligation to the patient by examining the respective weights of the competing prima facie obligations based on both content and context.
Beneficence has enjoyed a historical role in the traditional practice of medicine. However, giving it primacy over patient autonomy is ________ that makes a physician-patient relationship analogous to that of a father/mother to a child.
Paternalism
the physician acts on grounds of beneficence (and, at times, nonmaleficence) when the patient is nonautonomous or substantially nonautonomous (e.g., cognitive dysfunction due to severe illness, depression, or drug addiction)
soft paternalism
action by a physician, intended to benefit a patient, but contrary to the voluntary decision of an autonomous patient who is fully informed and competent, and is ethically indefensible
Hard paternalism
a rare and extreme form of patient autonomy, that holds the view that the physician’s role is limited to providing all the medical information and the available choices for interventions and treatments while the fully informed patient selects from the available choices. n this model, the physician’s role is constrained, and does not permit the full use of his/her knowledge and skills to benefit the patient, and is tantamount to a form of patient abandonment and therefore is ethically indefensible.
Consumerism
when was the concept assent developed and for what reason
in the 1980s to address decision-making by adolescents with cancer
What is assent
Pediatric patients should participate in the decision making process commensurate with their developmental level. Their assent to medical care should be sought whenever reasonable, and parents and HCP should not exclude them without persuasive reasons.
components of assent
Helping the pediatric patient achieve developmentally appropriate awareness of the condition
Telling the pediatric patient what to expect with clinical management
Assessing understanding and factors influencing response
Soliciting expression of the pediatric patient’s willingness to accept the proposed treatment
allows patients and/or surrogates to designate desired medical interventions under applicable circumstances.
Advance directive (AD)
What act requires healthcare institutions to ask anyone over the age of 18 whether they have completed an Advance Directive (AD) and if not, inform them of their right to do so.
The Federal Patient Self-Determination Act
The Federal Patient Self-Determination Act
what does this require
requires healthcare institutions to ask anyone over the age of 18 whether they have completed an Advance Directive (AD) and if not, inform them of their right to do so.
Provide care that benefits the patient
Beneficence
Avoid harming the patient
Nonmaleficence
Individuals should decide what constitutes their own best interest
Autonomy
Provides services fairly without bias from factors irrelevant to the situation
Justice
Beneficence
Provide care that benefits the patient
Nonmaleficence
Avoid harming the patient
Autonomy
Individuals should decide what constitutes their own best interest
Justice
Provides services fairly without bias from factors irrelevant to the situation
DNR is a form of _____ and has been renamed what?
Advance Directive
“Do not attempt resuscitation” or “Allow Natural Death”
why is the term “Allow Natural Death” preferred over DNR
better received, has a more positive connotation, and states what will be done rather than what will not be done for the patient
steps after refusal of care if needed to be escalated
Is this a communication problem? (Understanding)
Ethics Consult
legal counsel
medical interventions that are unlikely to produce any significant benefit to the patient is called
Inappropriate or futile care
what is the difference between withholding and withdrawing medical treatment
Withholding treatment, out of concern that withdrawing it in the future would be more difficult, risks undertreating a patient who might respond to that treatment.
a deliberate intervention undertaken with the intention of ending a life to relieve intractable suffering
Euthanasia or Physician assisted suicide
Does the American Academy of Pediatrics (AAP) support Physician assisted suicide?
no
What is the Doctrine of Double effect (DDE)
a set of ethical criteria for evaluating the permissibility of acting when one’s otherwise legitimate act will also cause a negative effect that one would normally be obliged to avoid.
The provision of adequate sedation and analgesia to a patient, even if it hastens his death is not considered euthanasia because of the Doctrine of Double Effect (DDE)
What is the Doctrine of double effect criteria?
An action having foreseen harmful effects practically inseparable from the good effect is justifiable upon satisfaction of the following: the nature of the act is itself good, or at least morally neutral
The agent intends the good effect and not the bad either as a means to the good or as an end itself
The good effect outweighs the bad effect in circumstances sufficiently grave to justify causing the bad effect and the agent exercises due diligence to minimize the harm
T/F
Nutrition and hydration is considered a form of life-sustaining treatment when administered through a feeding tube or IV. Under appropriate circumstances it is ethically defensible to forgo or withdraw this form of therapy.
True
Bolick pg 48
the HCPs obligation to prevent unauthorized access to information about a patient
Confidentiality
what are the exceptions to maintaining confidentiality
Promote public health and safety (pediatric patient neglect and abuse, communicable diseases)
Public interest demands disclosure (dangerousness to self or others, gunshot wounds)
a systematic investigation designed to develop or contribute to general knowledge.
Research
There are more restrictions placed on Research in Pediatrics patients because they cannot provide
informed consent
In general regarding research in pediatric patients, it is permissible to involve pediatric patients in research which poses _______ risk: equivalent to
minimal
risks encountered in daily life or during performance of routine physical or psychological exams or tests
requirements for pediatrics to participate in research
The pediatric patients parents (legal guardians) must give permission
Second assent of the patient should be obtained (if age appropriate) - not required and based on developmental level. The opportunity to dissent, esp for nontherapeutic research should be made available.
third, Institutional review board panel (IRB) approval must be granted for the study to be considered
what board must you gain approval from for pediatric patients to be a part of a research study
Institutional review board (IRB) panel
a person who is younger than the age of legal competence
minor
the legal age at which a person is no longer a minor
The age of majority
In Alabama and Nebraska the age of majority is
19
In Colorado and Mississippi what is the age of majority
21
Under ____ law, a parent generally retains the right to make decisions regarding their childs healthcare
State
what is Parens Patriae?
Common law doctrine that says the state may intervene against a childs natural parent or legal guardian who is in need o protection.
Parens Patriae is latin for
Parent of the nation
2 classes of minors
emancipated minor
mature minor
a minor liberated from parental control
emancipated minor
a minor who may be granted decision making authority regarding their own healthcare
Mature minor
In Texas, what are the terms for age of Emancipation
A minor may petition for emancipation if
they are a resident of Texas
17 years of age or at least 16 if living apart from guardian or parents and is self-supporting or by marriage
In Texas, what is the terms of Age to consent for medical treatment
Minors may consent to any treatment if in military or 16 years old and living apart from parents; any minor may consent to treatment for pregnancy if they are unmarried and not seeking an abortion, substance abuse, infectious diseases or if they are incarcerated
Have all states adopted the mature minor doctrine?
no
what happened in Abrahams law
15 yo with Hodkins disease
received first course of chemo
supposed to receive 2nd but parents and Abraham refused wanting to try Hoxsey method which was not well backed. Natural
Abrahams parents were charged with medical neglect and a social services agency sought to force Abraham to get the chemo and radiation
Ultimately cleared and the family was allowed to pursue Alternative treatments.
Virginia Legislature amended its child abuse statute in March 2007 “Abraham’s Law” allows parents and children between 14-17 years to refuse medical treatment for a life threatening condition. Prevents parents from being charged with medical neglect if the decision to refuse such treatment is made jointly by the parents and the child. The law requires that the child be sufficiently mature to have an informed opinion regarding the subject of his or her medical treatment. This caused many states to explore the concept of the mature minor doctrine
allows parents and children between 14-17 years to refuse medical treatment for a life threatening condition. Prevents parents from being charged with medical neglect if the decision to refuse such treatment is made jointly by the parents and the child. The law requires that the child be sufficiently mature to have an informed opinion regarding the subject of his or her medical treatment.
Abrahams law
what happened in Parker Jensen case
12 yo boy in utah (2003) was diagnosed with Ewing sarcoma. oncology recommended chemo. Parents refused and requested other options. Medical neglect filed. Court mandated chemo. Parents did not go. They left the state. Parents charged with kidnapping. Eventually dismissed.
what happened in Schmidt v mutual hosp in 2005?
Medical intervention against their faith.
7 months and was reported anonymously that there were concerns
Mom was taken to hospital against consent
Pre-eclamptic and delivered early
Never signed consents
lawsuit against the hospital and refusal to pay bills
Did not have to pay for mom
had to pay babys hospital expenses. Deemed unlawful to decline
The Schmidts must pay for the medical services provided to their daughter because “A parent has a duty to provide support for his or her minor child, which includes the provision of reasonable and necessary medical services for that child.” Scott Co. School District 1 v. Asher, 263 Ind. 47, 324 N.E.2d 496 (1975). The parent is obligated even where the parent refused in advance to pay for such services and they were rendered in spite of the refusal to pay. St. Mary’s Med. Ctr. v. Bromm, 661 N.E.2d 836 (Ind.Ct.App.1996).
This principle is incorporated into both federal and state healthcare laws, requires that the child be allowed to hold and express his or her own views if capable of doing so and that the childs perspective be considered when the parents deliberate on making an informed decision
Self determination
Process of self determination by which a child, having been fully informed or informed to the limits of his or her ability to understand the aspects of the decision, participates in decision making
Assent
when identifying potential live donors, a sibling is a ____% match
25% , identical twin is best match
a patient-and family centered care that optimizes quality of life by anticipating, preventing and treating suffering
Palliative care approach
when should palliative care be implemented
when medical diagnosis, intervention, and treatment cannot reasonably be expected to affect the imminence of death
elements of palliative care
pain management
expertise with feeding and nutritional issues at the end of life;
management of symptoms - minimizing nausea/vomiting, bowel obstruction, labored breathing fatigue
4 basic groups of conditions needing/could benefit from palliative care
a cure is possible, but failure is not uncommon (ie) cancer with a poor prognosis)
Long term Treatment is provided with a goal of maintaining quality of life (ie- cystic fibrosis)
Treatment that is exclusively palliative after the diagnosis of a progressive condition is made (ie trisomy 13)
Treatments are available for severe, non-progressive disability in patients who are vulnerable to health complications (severe spastic quadriparesis with difficulty in controlling symptoms)
principles of palliative care
Respect for the dignity of patients and families
Access to comprehensive and compassionate family care
Use of interdisciplinary resources
Acknowledgment and support provisions for caregivers
Commitment to quality improvement of palliative care through research and education
a treatment program for the end of life that provides the range of palliative care services by an interdisciplinary team including specialists in the bereavement and end of life process
hospice care
can children covered under Medicaid or Children’s Health Insurance Program (CHIP) have access simultaneously to hospice care and curative care
yes, in 2010 legislation was passed to allow this
the process of psychologic and spiritual accommodation to death on the part of the child and the childs family
Bereavement
the emotional response caused by a loss which may include pain, distress, and physical and emotional suffering
grief
bereavement
the process of psychologic and spiritual accommodation to death on the part of the child and the childs family
grief
the emotional response caused by a loss which may include pain, distress, and physical and emotional suffering
what type of grief is recognized as being more intense and sustained than other types of grief
parental grief
a pathologic manifestation of continued and disabling grief (rare)
Complicated grief
what circumstances make parents who lose a child more likely to resolve their grief
Parents who…
1) share their problems with others during the childs illness
2) have access to psychologic support during the last month of their childs life
3) who have had closure sessions with the attending staff
what are Piaget’s theories of cognitive development which help illustrate children’s concepts of death and disease
sensorimotor
preoperational
concrete operations
formal operations
Age of Piaget’s theories of cognitive development which help illustrate children’s concepts of death and disease:
Sensorimotor - death is seen as a separation without a specific concept of death
up to 2 years old
explain Age of Piaget’s theories of cognitive development which help illustrate children’s concepts of death and disease Sensorimotor
seen in children up to 2 years old…death is seen as a separation without a specific concept of death
Associated behaviors in grieving children of this age usually includes protesting and difficulty of attachment to other adults. The degree of difficulty depends on the availability of other nurturing people with whom the child has a good previous attachment.
Piaget
Associated behaviors in grieving children of this age usually includes protesting and difficulty of attachment to other adults. The degree of difficulty depends on the availability of other nurturing people with whom the child has a good previous attachment.
Sensorimotor
Age of Piaget’s theories of cognitive development which help illustrate children’s concepts of death and disease:
Preoperational
3-5 yrs old
Preoperational is sometimes called
the magic years
Explain Piaget’s Preoperational stage
children 3-5 yrs
have trouble grasping the meaning of the illness and the permanence of death
their language skills at this age make understanding their moods and behavior difficult
Because of developing a sense of guilt - death may be viewed as a punishment
If a child previously wished a younger sibling dead, the death may be seen psychologically as being caused by the childs wishful thinking. They can feel overwhelmed when confronted with the strong emotional reactions of their parents
Piaget
have trouble grasping the meaning of the illness and the permanence of death
Preoperational
Age of Piaget’s theories of cognitive development which help illustrate children’s concepts of death and disease:
Late preoperational to concrete operational
Ages 6-11 yrs
explain Piaget Late preoperational to concrete operational stage
The finality of death gradually comes to be understood.
Magical thinking gives way to a need for detailed information to gain a sense of control.
Older children in this range have a strong need to control their emotions by compartmentalizing and intellectualizing
The finality of death gradually comes to be understood.
Lat preoperational to concrete operational
Age of Piaget’s theories of cognitive development which help illustrate children’s concepts of death and disease:
formal operations
> =12 years of age
describe Piaget’s formal operations stage
death is a reality and is seen as universal and irreversible.
Adolescents handle death issues at the abstract or philosophical level and can be realistic.
They may also avoid emotional expression and information, instead of relying on anger or disdain.
Adolescents can discuss withholding treatments. Their wishes, hopes and fears should be attended to and respected.
Piaget
death is a reality and is seen as universal and irreversible
formal operations
Before speaking with a child about death, what should be assessed
childs :
age
experience
level of development
the childs understanding and involvement in end of life decision making
Parents:
emotional acceptance of death
coping strategies
their philosophical, spiritual and cultural views of death which can change over time
what ethical principles are involved in the care of a dying child
Autonomy
Beneficence
Nonmaleficence
plus
truth telling
confidentiality
physicians duty
The most important ethical principle is what is in the best interest of the child as determined through the process of shared decision making, informed permission/consent from the parents and assent from the child.
There is/is not a ethical or legal difference between withholding treatment and withdrawing treatment
is not
however, many parents and physicians see withdrawing treatment is more challenging
The most important ethical principle
is what is in the best interest of the child as determined through the process of shared decision making, informed permission/consent from the parents and assent from the child.
organ donation can occur one of two ways
- after fulfilling criteria for neurological (brain) death
- Through a process of donation after circulatory death (DCD)
in evaluating a child with congenital malformations, a clinical geneticist attempts to identify what?
Etiology
Mode of inheritance
Risk that a disorder might occur in the affected child’s siblings
5 categories of congenital malformations
1) single gene mutations (occurs in 6% of children with congenital anomalies)
2) Chromosomal disorders (7.5%)
3) Multifactorially inherited conditions (20%)
4) Disorders that show an unusual pattern of inheritance accounting (2-3%)
5) Conditions caused by exposure to teratogens (6%)
DNA is composed of what 4 nucleotide building blocks
Adenine
Guanine
Cytosine
Thymine
DNA molecule consists of 2 chains of nucleotides held together by ______ bonds
hydrogen
DNA molecule consists of 2 chains of nucleotides held together by ______ bonds
hydrogen
DNA molecule consists of 2 chains of nucleotides held together by ______ bonds
hydrogen
DNA molecule consists of 2 chains of nucleotides held together by ______ bonds
hydrogen
DNA molecule consists of 2 chains of nucleotides held together by ______ bonds
hydrogen
Adenine and guanine are _______ nucleotides
Purine
Thymine and cytosine are what type of nucleotides
Pyrimidines
because of cross linking in DNA, the nucleotide sequence of one strand sets the other strands sequence. What does separating the 2 strands permit
complementary nucleotides to bind to each DNA strand; this copies the DNA and replicates the sequence
DNA exists as multiple fragments that, together with a protein ____, form chromosomes
Skeleton (Chromatin)
Human cells have ___ pairs of chromosomes, with one copy of each chromosome inherited from _______
23
each parent
22 pairs of chromosomes are ______ and the remaining pair consists of ______
autosomes
sex chromosomes
What sex chromosomes do females have and what do males have
Females:
2 X chromosomes
Males have one X and one Y
Spread along the chromosomes like beads on a string, DNA sequences form _____, the basic units of heredity
genes
A typical gene contains what?
A promoter sequence
an untranslated region and a
open reading frame
In the open reading frame of a gene, every 3 nucleotides represent a single
codon
A codon codes for
a particular amino acid
The sequence of bases dictates the sequence of ___ ___ in the corresponding protein
amino acids
Some codons, rather than coding for specific amino acids act as what?
Start signals
stop signals
Between the start and stop codons, genes consist of 2 major portions
Exons- regions containing the code that ultimately corresponds to a sequence of amino acids
Introns - intervening sequence which do not become part of the amino acid sequence
Between the start and stop codons, genes consist of 2 major portions
Exons- regions containing the code that ultimately corresponds to a sequence of amino acids
Introns - intervening sequence which do not become part of the amino acid sequence
what part of gene:
regions containing the code that ultimately corresponds to a sequence of amino acids
Exons
What part of gene:
intervening sequence which do not become part of the amino acid sequence
INtrons
Genes are transcribed into ______then translated into _____
RNA (mRNA)
proteins
During transcription, RNA is processed to remove _____. The mRNA serves as a template to ______
Introns
construct the protein
Through a mechanism called _____ _______, these genes may create more than 100,000 proteins. The remainder of the DNA, the portion not involved in protein formation was once termed _____ _____but a project called ENCODE found that much of this presumed junk DNA is functional and likely serves _____ functions
Alternative splicing
Junk DNA
Regulatory
Disease may be caused by _____ in the DNA sequence with the _____ ______ being the most common type
mutations
point mutation
A point mutation that changes a codon and the resulting amino acid that goes into the protein is referred to as a _____ _______
missense mutation