Legal and ethical issues in dementia care

Legal and ethical issues in dementia care

Legal and ethical issues in dementia care

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Decisional Capacity - Can They Choose?

  • Decisional Capacity: A clinical determination of a patient's ability to make a specific medical decision. It is task-specific and can fluctuate, unlike competency, which is a legal state.
  • Requires the ability to:
    • Communicate a choice
    • Understand relevant information
    • Appreciate the situation and its consequences
    • Reason about treatment options

⭐ Capacity is not global. A patient may have capacity for one decision (e.g., naming a proxy) but not another (e.g., complex surgery). It must be assessed for the specific decision at hand.

Advance Directives - Planning Ahead

  • Legal instruments allowing individuals to state future medical care preferences before losing decision-making capacity.
  • Living Will:
    • Outlines desired or rejected treatments (e.g., mechanical ventilation, tube feeding).
    • Less flexible; cannot cover all future scenarios.
  • Durable Power of Attorney for Healthcare (DPOAHC):
    • Appoints a healthcare proxy/agent to make decisions.
    • More flexible and broadly recommended.
  • Physician Orders for Life-Sustaining Treatment (POLST):
    • Medical orders for current treatment for seriously ill patients.
    • Specifies CPR, medical interventions, and feeding.

⭐ A DPOAHC is often preferred over a living will because it provides a designated person (agent) who can interpret the patient's wishes in unforeseen clinical situations, offering greater flexibility.

Safety & Reporting - Driving Dilemmas

  • Core Conflict: Balancing patient autonomy vs. the physician's ethical duty to protect the public. Public safety often takes precedence.
  • Clinical Assessment: Crucial for determining risk.
    • In-office: MMSE, MoCA, Clock-Drawing Test, Trail Making Test Part B.
    • History from family/caregivers is vital.
    • Gold Standard: Formal on-road driving evaluation.
  • Management Protocol:
    • Counsel patient and family on safety risks.
    • Recommend driving cessation if impairment is found.
    • Document all conversations and recommendations meticulously.

⭐ Most states legally protect physicians from liability when they report a potentially unsafe driver to the DMV in good faith. Reporting laws (mandatory vs. permissive) vary by state.

Vulnerability Shield - Elder Abuse

  • Definition: Any intentional act or failure to act by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an older adult.
  • Risk Factors in Dementia:
    • Patient: Cognitive impairment, dependency, behavioral disturbances.
    • Caregiver: Stress, burnout, substance abuse, financial dependency on the elder.
    • Social: Isolation, lack of support.
  • Clinical Indicators:
    • Unexplained injuries (e.g., bruises in unusual patterns, spiral fractures).
    • Poor hygiene, pressure ulcers, malnutrition, dehydration.
    • Sudden changes in finances or will.
    • Fearful or withdrawn behavior.

Mandatory Reporting: Physicians are mandated reporters. If elder abuse is suspected, a report must be made to the local Adult Protective Services (APS) agency. This is a legal duty that overrides patient confidentiality; consent is not required.

Infographic: Types of Elder Abuse and Symptoms

High-Yield Points - ⚡ Biggest Takeaways

  • Decision-making capacity is task-specific and can fluctuate; it is not an all-or-nothing judgment.
  • Advance directives (e.g., living will, durable power of attorney) are crucial for upholding patient autonomy.
  • When a patient lacks capacity, decisions fall to a designated surrogate or next of kin.
  • Physicians have an ethical duty to address driving safety, which may require reporting to the DMV.
  • Maintain a high suspicion for elder abuse (financial, physical, neglect) in this vulnerable population.

Practice Questions: Legal and ethical issues in dementia care

Test your understanding with these related questions

A 33-year-old man is brought by ambulance to the emergency room after being a passenger in a motor vehicle accident. An empty bottle of whiskey was found in his front seat, and the patient admits to having been drinking all night. He has multiple lacerations and bruising on his face and scalp and a supportive cervical collar is placed. He is endorsing a significant headache and starts vomiting in the emergency room. His vitals, however, are stable, and he is transported to the CT scanner. While there, he states that he does not want to have a CT scan and asks to be released. What is the most appropriate course of action?

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Flashcards: Legal and ethical issues in dementia care

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_____ is characterized by the patient projecting feelings about formative or other important persons onto the physician

TAP TO REVEAL ANSWER

_____ is characterized by the patient projecting feelings about formative or other important persons onto the physician

Transference

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