Informed refusal

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Informed Refusal - The Right to Say 'No'

  • Core Principle: A competent adult has the absolute right to refuse any medical intervention, including life-sustaining treatment. This right is founded on the principle of autonomy.
  • Physician's Responsibility:
    • Ensure the patient has decision-making capacity.
    • Clearly explain the risks, benefits, and alternatives of refusing treatment.
    • Explore the patient's reasoning without being coercive.
    • Meticulously document the informed refusal discussion in the medical record.

Exam Favorite: A patient's disagreement with a physician's recommendation is NOT, by itself, evidence of a lack of decision-making capacity.

Doctor and patient with documentation

Decision-Making Capacity - The 'Four Cs' Test

A patient must have decision-making capacity (DMC) to provide informed consent or refusal. DMC is task-specific and assessed by the treating physician; it is distinct from legal competency, which is determined by a judge.

📌 The 'Four Cs' test assesses DMC:

  • Communicates a Choice: Patient can clearly state their decision.
  • Comprehends Information: Can understand the diagnosis, prognosis, treatment, risks, benefits, and alternatives.
  • Appreciates Consequences: Understands how the information applies to their own situation and the likely outcomes.
  • Consistent Reasoning: Can provide a rationale for their choice that is logical and not based on delusions.

⭐ A patient's agreement with the physician's recommendation is NOT a prerequisite for having decision-making capacity. A patient can refuse a life-saving treatment if they have DMC.

Clinician's Duty - Navigating Patient Refusal

  • A patient with decision-making capacity has the right to refuse any medical treatment, even if life-sustaining. This is a cornerstone of patient autonomy.
  • Informed Refusal: The process mirrors informed consent. The clinician must explain:
    • The patient's diagnosis.
    • Risks, benefits, and alternatives to the refused treatment.
    • Consequences of not receiving treatment.
  • Documentation is critical:
    • Detail the informed refusal discussion in the medical record.
    • Use an "Against Medical Advice" (AMA) form if available.
    • This protects the clinician from liability.

⭐ If a patient's capacity is unclear or fluctuating, the priority is to protect the patient. Consider an ethics committee consultation or legal guidance, especially in non-emergent situations.

Informed Refusal Form Sample

Refusal Exceptions - When 'No' Isn't Final

  • Patient Lacks Capacity: Cannot understand risks, benefits, or alternatives. Requires formal capacity assessment.
  • Public Health Threat: Treatment is mandated to protect the community (e.g., quarantine for infectious diseases).
  • Emergency Doctrine: Implied consent is assumed if immediate treatment is required to prevent death or severe disability and the patient is incapacitated.
  • Danger to Others: Patient poses a direct, credible threat of harm to specific individuals.
  • Minors: Parental/guardian consent typically overrides a minor's refusal for necessary medical treatment.

⭐ A court order can compel treatment, even for a competent adult, in rare cases like protecting a fetus or preventing a public health crisis.

High‑Yield Points - ⚡ Biggest Takeaways

  • A patient with decision-making capacity has an absolute right to refuse any medical treatment, even if it is life-sustaining.
  • The physician must clearly explain the risks, benefits, and alternatives of refusing care, ensuring the patient understands the consequences.
  • Capacity is the critical factor, not the perceived wisdom of the patient's choice.
  • Thoroughly document the informed refusal process, including the discussion and the patient's stated understanding.
  • If a patient lacks capacity, you must seek a surrogate decision-maker.

Practice Questions: Informed refusal

Test your understanding with these related questions

A 76-year-old man is brought to the hospital after having a stroke. Head CT is done in the emergency department and shows intracranial hemorrhage. Upon arrival to the ED he is verbally non-responsive and withdraws only to pain. He does not open his eyes. He is transferred to the medical ICU for further management and intubated for airway protection. During his second day in the ICU, his blood pressure is measured as 91/54 mmHg and pulse is 120/min. He is given fluids and antibiotics, but he progresses to renal failure and his mental status deteriorates. The physicians in the ICU ask the patient’s family what his wishes are for end-of-life care. His wife tells the team that she is durable power of attorney for the patient and provides appropriate documentation. She mentions that he did not have a living will, but she believes that he would want care withdrawn in this situation, and therefore asks the team to withdraw care at this point. The patient’s daughter vehemently disagrees and believes it is in the best interest of her father, the patient, to continue all care. Based on this information, what is the best course of action for the physician team?

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Flashcards: Informed refusal

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SVC syndrome can be caused by _____ from indwelling central venous catheters

TAP TO REVEAL ANSWER

SVC syndrome can be caused by _____ from indwelling central venous catheters

thromboemboli

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