Life Alert Flashcards
autonomy
make your own decisions
beneficience
pt best interest
nonmaleficence
do no harm
origin of informed consent
doctrine conceived from he international tort of “battery”
intentional tort
no standard of care
informed consent=
standard of care may apply but usually treated as negligent tort
tort
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.
4 types of torts
negligence, vicarious, intentional, strict
torts with standard of care
no SOC: intentional or res ipsa loquitur
SOC: negligence
if no SOC, tort can be (3)
strict liability, fraud/ misrepresentation, or assault/battery
intentional tort (no SOC) goes to __ and __, which later necessitates ___
assault and battery, informed consent
elements of informed consent: capacity:
competency:
capacity: determined by physician
competency: determined by court
2 standards for disclosure
physician based and patient based
problems with physician based disclosure
plantiff has to produce expert testimony and based solely on physician discretion
problems with patient based disclosure
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
preferred disclosure modalitie
discussion with physician
should disclose (3)
severe risk, low probability
less severe, higher incidence
risk of specific procedure
rule of thumb to disclose
death, serious injury, limb/organ damage, minor events that happen >5% of time
general risks to disclose
infection, vascular/ neuro injury, death
criteria for capacity: ability to __ a choice, __ relevant information, __ the situation and consequences, ability to __ about treatment
communicate, understadning, appreciation, reason
only __% of US adults have living wills
29%
2 types of advanced directives
living will, durable power of attorney for health care
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
capacity, like
problems with living will- it may not address the __ that needs to be instituted, language may be __, may not clearly indicate __ __.
therapy, vague, code status
