Life Alert

Question 1

autonomy

Answer 1

make your own decisions

Question 2

beneficience

Answer 2

pt best interest

Question 3

nonmaleficence

Answer 3

do no harm

Question 4

origin of informed consent

Answer 4

doctrine conceived from he international tort of “battery”

Question 5

intentional tort

Answer 5

no standard of care

Question 6

informed consent=

Answer 6

standard of care may apply but usually treated as negligent tort

Question 7

tort

Answer 7

A civil wrong, other than a breach of contract. Torts include negligence, false imprisonment, assault, and battery. The elements of a tort are a legal duty owed by the defendant to the plaintiff, a breach of duty, and damage from the breach of duty. A tort may be constitutional, in which one person deprives another of a right or immunity guaranteed by the Constitution; personal, in which a person or a person’s reputation or feelings are injured; or intentional, in which the wrong is a deliberate act that is unlawful.

Question 8

4 types of torts

Answer 8

negligence, vicarious, intentional, strict

Question 9

torts with standard of care

Answer 9

no SOC: intentional or res ipsa loquitur

SOC: negligence

Question 10

if no SOC, tort can be (3)

Answer 10

strict liability, fraud/ misrepresentation, or assault/battery

Question 11

intentional tort (no SOC) goes to __ and __, which later necessitates ___

Answer 11

assault and battery, informed consent

Question 12

elements of informed consent: capacity:

competency:

Answer 12

capacity: determined by physician
competency: determined by court

Question 13

2 standards for disclosure

Answer 13

physician based and patient based

Question 14

problems with physician based disclosure

Answer 14

plantiff has to produce expert testimony and based solely on physician discretion

Question 15

problems with patient based disclosure

Answer 15

expert no longer needed, by focusing on patient, court believe that autonomy/ self determination is preserved but some states use “subjective” standard. states have used cause law/statues to pick one of the standards or a hybrid version

Question 16

preferred disclosure modalitie

Answer 16

discussion with physician

Question 17

should disclose (3)

Answer 17

severe risk, low probability
less severe, higher incidence
risk of specific procedure

Question 18

rule of thumb to disclose

Answer 18

death, serious injury, limb/organ damage, minor events that happen >5% of time

Question 19

general risks to disclose

Answer 19

infection, vascular/ neuro injury, death

Question 20

criteria for capacity: ability to __ a choice, __ relevant information, __ the situation and consequences, ability to __ about treatment

Answer 20

communicate, understadning, appreciation, reason

Question 21

only __% of US adults have living wills

Answer 21

29%

Question 22

2 types of advanced directives

Answer 22

living will, durable power of attorney for health care

Question 23

living will- takes effect when patient lacks __, outlines type of care they would __, usually addresses cardiac resuscitation, ventilator, artificial nutrition, blood products, invasive tests, dialysis, antibiotics

Answer 23

capacity, like

Question 24

problems with living will- it may not address the __ that needs to be instituted, language may be __, may not clearly indicate __ __.

Answer 24

therapy, vague, code status

Question 25

“terminal condition” definitiona nd medical perspective

Answer 25

def: will result in death regardless of treatment
mp: if not treated can result in death, usually need 2 physicians to agree

Question 26

durable power of attorney: provides for a surrogate to make __ __, patients can still outline what they prefer as far as _ modalities, also called __ __ or healthcare proxy, regular durable POA-controls only ___

Answer 26

active decisions, treatment, medical POA, finances

Question 27

guardianship

Answer 27

a person is stripped of all their right snd declared incompetent by the court

Question 28

spectrum of autonomy
1.
2.
3.

Answer 28

autonomy > advanced directives > guardianship

Question 29

“extension doctrine”

Answer 29

when dr has duty to do what sound medicine dictates, should be life-threatening. does not apply in elective cases or when “extension” should be anticipated

Question 30

“therapeutic privilege”

Answer 30

obtained if it can be proved that an individual patient could not handle that disclosure, largely “dictum”, very hard to prove; saying no

Question 31

waiver of consent

Answer 31

if it is stated that there are risks inherent in the treatment and the patient chooses not to have more information then informed consent is satisfied

Question 32

informed refusal

Answer 32

patient should be too the risks/ consequences of refusing treatment

Question 33

adult protective services said __% of reports were abuse and __% were neglect

Answer 33

30, 70 (and neglect is under reported)