What are the three salient qualifications that are associated with Authentic Autonomy? - ✔✔(1)
These deprivations must be caused by other persons and not
purely by natural circumstances, such as accidental disabilities
and other randomly occurring misfortunes. (2) (deprived of things others easily have access to) They
must be deprivations of choices and goods that are
reasonably available to others who are no more able-minded
and talented than she. (3) They must not be justly deserved."
****What are the 5 conditions for waiver of informed consent to be ethically acceptable? (very
important!!) - ✔✔(1) (She can involve her family if she wants)In a private conversation with her health
care provider, the patient is made aware that she has the right to informed consent that this right need
not exclude her family's involvement if she desires it.
2) She clearly expresses a preference to waive completely her right to
informed consent and is not pressured or bullied into doing so by her family or anyone else.
3) The patient's value-driven desire to grant her family final decision-
making authority is authentic, in the sense required by the account above.
4) The family is prepared mentally and emotionally to handle the news of
the patient's condition (if it proves serious) and is willing to assume the decision-making responsibilities.
5) The family is well-motivated- that is, either the patient's well-being or
,the common good of the family is identified the decision."
Which of the 5 waiver of informed consent conditions ensures 1) the patient's waiver is autonomous, and
which ensures that 2) the family may be included in the decision-making for its own common good?
- ✔✔1) first 3 conditions
2) last 2 conditions
What is an objection in regards to the waiver of informed consent? - ✔✔In other words, authentic
values are said to have the distinctive feature of having been put through the test of detached self-
apparaisal, (whereby the individual considers which of her inherited values to retain, revise, or
reject.) (more info on slides)
when we waive our right to autonomy, is that exercising autonomy or an exception to informed
consent? (our opinion on the subject?) - ✔✔we think waiver of consent is px giving up their
autonomy, however a px can waive their right to consent to someone else, but that decision in itself is
exercising their autonomy (choosing to let someone else decide)
Who "represents" Proxy decision making? - ✔✔E-H. Kluge
What are the two types of incompetent patients? What do each mean? Which model(s) can be
used with each? - ✔✔1) Now-Incompetent Patient: (who may gain competence in the future or
once was competent like coma patients or children); balance between subjective and objective
2) Totally Incompetent Patients: We cannot use a balance of both objective and
subjective models. This is a radically different case.; quality-of-life
Define what the "Quality-of-life Standard" means - ✔✔The quality-of-life standard refers to
"considerations involving the capacity for sapient cognitive awareness, the possibility of
relatively pain-free and physically comfortable
existence, and the potential for meaningful
social interaction.
,What does "advance directive" mean? What are oral statements vs written documents? - ✔✔any
instructions (written or oral) concerning
the making of medical treatment decisions on
behalf of the person who has provided the
instructions
Oral: to family members or friends (informed? specific treatment/situations?), to physicians
Written: Living will, health care proxy/power of attorney
What is the Medical Powers of Attorney? What can they also address other than physical and mental
health? - ✔✔The medical power of attorney is a legal document in
which you designate someone to be your
representative, or agent or "attorney in fact", in the
event you are unable to make or communicate
decisions about all aspects of your health care. In the
most basic form, a health care power of attorney
merely says, "I want this person to make decisions
about my health care if I am unable to do so"
They can also address: resuscitation, artificial nourishment & hydration, and anatomical gifts.
What is a Living Will? How many witness does it require when signed? Who CANNOT sign the will on a
person's behalf if they are unable to? - ✔✔- A document that instructs a patient's doctor about life
sustaining procedures, artificial nourishment, and organ
donation decisions (any competent person 18 years of age or
older can execute a Living Will)
-2
- The person's doctor, employee or employee of a healthcare facility where the patient is staying, a
person who is owed to by money, a person who believes they are entitled to the person's estate.
What is the Proxy Priority Order? - ✔✔A proxy may make decisions about health care for a person
who has been certified to be incapable of making an informed decision and has not appointed a health
care agent, or is incompetent, in priority order:
, Legally appointed guardian;
Patient's spouse;
Adult child of the patient;
Parent of the patient;
Adult sibling of the patient;
Friend or other relative who:
Is competent; and Presents an affidavit to physician stating relationship and facts/ circumstances
demonstrating regular contact sufficient to be familiar with patient's activities, health, and
personal beliefs.
**What are the 3 models regarding proxy decision making for totally incompetent patients?
(very important!!) - ✔✔1) The substituted Judgement Model (Subjective)
2) The Best Interest Model (Objective)
3) The Comparative Quality-of-life Coefficient
Which of the 3 models for proxy decision making of incompetent patients do we think is the
best/most reasonable and why? - ✔✔ANSWER
What happened in the Stephen Dawson Case? - ✔✔Refer to slides
What did the judge conclude regarding the Stephen Dawson case? - ✔✔Refer to slides
What is the court ruling for incompetent patients? - ✔✔1) An incompetent patient does not lose
the right to
healthcare simply because the patient is incompetent.
2) The parents are the appropriate proxy decision
makers who can exercise this right.
3) But their decision-making authority is challenged, if it
is not exercised in the best interest of the incompetent
patient.
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