Life Alert Flashcards Preview

D3 Geriatrics > Life Alert > Flashcards

Flashcards in Life Alert Deck (33):
1

autonomy

make your own decisions

2

beneficience

pt best interest

3

nonmaleficence

do no harm

4

origin of informed consent

doctrine conceived from he international tort of "battery"

5

intentional tort

no standard of care

6

informed consent=

standard of care may apply but usually treated as negligent tort

7

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.

8

4 types of torts

negligence, vicarious, intentional, strict

9

torts with standard of care

no SOC: intentional or res ipsa loquitur
SOC: negligence

10

if no SOC, tort can be (3)

strict liability, fraud/ misrepresentation, or assault/battery

11

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

assault and battery, informed consent

12

elements of informed consent: capacity:
competency:

capacity: determined by physician
competency: determined by court

13

2 standards for disclosure

physician based and patient based

14

problems with physician based disclosure

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

15

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

16

preferred disclosure modalitie

discussion with physician

17

should disclose (3)

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

18

rule of thumb to disclose

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

19

general risks to disclose

infection, vascular/ neuro injury, death

20

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

communicate, understadning, appreciation, reason

21

only __% of US adults have living wills

29%

22

2 types of advanced directives

living will, durable power of attorney for health care

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

capacity, like

24

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

25

"terminal condition" definitiona nd medical perspective

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

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 ___

active decisions, treatment, medical POA, finances

27

guardianship

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

28

spectrum of autonomy
1.
2.
3.

autonomy > advanced directives > guardianship

29

"extension doctrine"

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

30

"therapeutic privilege"

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

31

waiver of consent

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

32

informed refusal

patient should be too the risks/ consequences of refusing treatment

33

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

30, 70 (and neglect is under reported)