Lecture 7: legal aspects of aging

Question 1

legal autonomy: Due process

Answer 1

• every human being of adult years and sound mind has a right to determine what shall be done with his own body
• Patient self-determination act (PSDA)

Question 2

What does the patient need to understand in INFORMED CONSENT

Answer 2

• Potential risks
• benefits
• alternatives
• in terms that patient understand
• answer questions
• TWO WAY DISCUSSION

Question 3

describe the consent aspect

Answer 3

• right to information needed to make informed decision
• right to have questions answered
• right to more if requested information
• right to say NO

Question 4

Is consent enough?

Answer 4

• Consent alone is NOT enough
• -> consent given in the absence of information and competence, or in the presence of coercion, does NOT achieve these ends - IS NOT VALID
• -> the physician is in a unique position to ensure the validity of conscent

Question 5

Leaving against medical advice (AMA process)

Answer 5

• determine the patient capcity to udnerstand medical conditions and risk. if no capacity don’t let them leave
• review chart. Explain diagnosis, conditions, specific risks of leaving and alternatives to patient
• involve family, friends or hospital personal
• have patient should sign AMA form and document in the chart - best if witnesses sign
• send aftercare instructions and invite to return

Question 6

define elopement

Answer 6

• incorporates both elopement and wandering

- a patient that is away that he is not permitted to leave, but does so with INTENT

Question 7

define wandering

Answer 7

• a patient who strays beyond the view or control of staff WITHOUT intent of leaving (cognitive impairment - lose track of time and and surroundings)