Health care law - life sustaining procedures Flashcards

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1
Q

definition: qualified individual

A
  • a person who has executed a declaration or

- a person who has issued an opt-out-of-hospital DNR option

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2
Q

definition: life sustaining procedure

A

any medical procedure, tx or intervention, including resuscitation, meeting BOTH of the following:

  • uses mechanical or artificial means to sustain, restore, or supplant a spontaneous vital function, AND
  • when applied to a patient in a terminal condition, would serve only to prolong the dying process
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3
Q

life sustaining procedure does NOT include

A
  • nutrition or hydration except when required by
  • IV catheter
  • intubation, or
  • when deemed necessary for comfort care or to alleviate pain
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4
Q

definition: terminal condition

A
  • an incurable or irreversible condition that, without the administration of a life sustaining procedure, will, in the opinion of the attending, result in death within a relatively short period of time, OR
  • a state of permanent unconsciousness from which 1) to a reasonable degree of medical certainty, 2) there can be no recovery
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5
Q

who may issue a declaration? when is it given effect?

A

a competent adult at any time BUT is only given effect if

  • declarant’s condition is determined to be terminal AND
  • declarant is unable to make own decision
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6
Q

a declaration must be signed by ________ or __________, and contain a ___________

A
  • declarant or surrogate

- date of execution

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7
Q

what are the steps for

A
  1. must suffer terminal condition and either be comatose or physically / mentally incompetent
  2. attending must consult with an obtain written agreement from hierarchy of people
  3. surrogate must be guided by the express or implied wishes of the patient
  4. once decision is made, witness must be present
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8
Q

durable power of attorney / attorney in fact is allowed to make what decisions?

A
  • health care decisions
  • if patient is unable to do so
  • is the judgment of the attending
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