Informed Decision Making in Medical Treatment
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Questions and Answers

What is the primary concern regarding a person's informed decision in medical treatment?

  • They should not be influenced by their family
  • Their decision should always align with medical advice
  • Their informed decision must be respected and acted upon (correct)
  • They have the right to refuse any treatment

    • Which of the following is NOT included in the definition of medical treatment according to the Medical Treatment Planning and Decisions Act 2016?

  • Prescriptive pharmaceuticals
  • Physical or surgical therapy
  • Medical research procedures (correct)
  • Palliative care

    • Which action is NOT a way a person can exercise autonomy in medical treatment?

  • Making collaborative decisions with health practitioners
  • Appointing a medical treatment decision maker
  • Delegating all decisions to family members without input (correct)
  • Setting personal preferences in advance

    • What is crucial for achieving the best medical treatment outcomes?

    <p>A partnership between the person, their family, and health practitioners</p> Signup and view all the answers

    How does the Act facilitate a person's decision-making regarding medical treatment?

    <p>By allowing them to set out preferences and values in advance</p> Signup and view all the answers

    Which statement about decision-making capacity is accurate based on the Act?

    <p>A four-part test is provided to assess decision-making capacity</p> Signup and view all the answers

    Which type of treatment is categorized under mental health according to the Medical Treatment Planning and Decisions Act 2016?

    <p>Prescriptive pharmaceuticals</p> Signup and view all the answers

    What is the significance of respecting a person's culture and beliefs in medical treatment?

    <p>It is integral to directing decisions about their medical care</p> Signup and view all the answers

    What action may health practitioners take to ensure professional conduct?

    <p>Contact a medical treatment decision maker when needed.</p> Signup and view all the answers

    What is the first step a medical treatment decision maker must take when making a decision?

    <p>Consider any valid and relevant values directive.</p> Signup and view all the answers

    When may disciplinary action be taken against a health practitioner?

    <p>When they fail to undertake reasonable searches.</p> Signup and view all the answers

    Which factor is NOT considered by a medical treatment decision maker when making a decision?

    <p>The decision maker's personal experience.</p> Signup and view all the answers

    What must a medical treatment decision maker consider if they cannot identify any relevant preferences?

    <p>The person's inferred values from their life.</p> Signup and view all the answers

    Which of the following is NOT a reasonable search method for health practitioners?

    <p>Consulting social media for patient information.</p> Signup and view all the answers

    Which statement best describes the responsibilities of a medical treatment decision maker?

    <p>They must consider both the patient's values and the situation.</p> Signup and view all the answers

    What relationship is expected between a medical treatment decision maker and the patient?

    <p>They should have a close and continuing relationship.</p> Signup and view all the answers

    What is an instructional directive required to include for it to be valid?

    <p>A heading indicating it as an instructional directive</p> Signup and view all the answers

    What must a health practitioner do if there is no instructional directive available?

    <p>Obtain consent from a medical treatment decision maker</p> Signup and view all the answers

    What does a values directive allow a person to express?

    <p>General preferences and values</p> Signup and view all the answers

    Which of the following is NOT a requirement for creating a valid advance care directive?

    <p>It must be registered with a health authority</p> Signup and view all the answers

    What is a critical component that must be understood by the person creating an advance care directive?

    <p>The nature and effect of each statement in the directive</p> Signup and view all the answers

    Who is required to witness an advance care directive?

    <p>Two adults, one of whom must be a medical practitioner</p> Signup and view all the answers

    What happens if the instructional directive is unclear in its application?

    <p>It can be treated as a values directive</p> Signup and view all the answers

    Which of the following statements is true regarding advance care directives?

    <p>An advance care directive can be created by anyone</p> Signup and view all the answers

    Under what circumstance can a health practitioner make a decision without applying to VCAT?

    <p>If the person’s condition would deteriorate due to delay.</p> Signup and view all the answers

    What might necessitate a change in a person's advance care directive?

    <p>Significant developments in medical technology.</p> Signup and view all the answers

    What is the role of the medical treatment decision maker according to the Act?

    <p>To make decisions and consult family while being ultimately responsible.</p> Signup and view all the answers

    What is one of the primary functions of a support person?

    <p>To help the person make informed decisions.</p> Signup and view all the answers

    What is a key feature of the Act regarding substitute decision makers?

    <p>It mandates that one decision maker is responsible for each decision.</p> Signup and view all the answers

    What authority does an appointed support person gain automatically?

    <p>Access to the person's medical information.</p> Signup and view all the answers

    What should happen if the medical treatment decision maker is acting contrary to the person's values?

    <p>Evidence must be presented to challenge their decision.</p> Signup and view all the answers

    What does the Act aim to clarify in the context of medical treatment decisions?

    <p>Who can make decisions despite family disputes.</p> Signup and view all the answers

    What is the primary role of a support person in decision-making processes?

    <p>To support the person in making their own decisions</p> Signup and view all the answers

    Which of the following must be included when appointing a support person?

    <p>Date of birth and address of the person making the appointment</p> Signup and view all the answers

    What is a key responsibility of witnesses in the appointment process?

    <p>To certify decision-making capacity of the person</p> Signup and view all the answers

    When does a support person have a role in medical treatment decisions?

    <p>When the person lacks decision-making capacity</p> Signup and view all the answers

    Which statement about the support person's function is accurate?

    <p>They may help to organize medical care and treatment</p> Signup and view all the answers

    What document must be witnessed by two adults during the appointment process?

    <p>The support person appointment document</p> Signup and view all the answers

    What is NOT a part of the support person's role?

    <p>Making medical treatment decisions on behalf of the person</p> Signup and view all the answers

    How can a support person aid someone who is receiving treatment from multiple specialists?

    <p>By collecting and organizing information from various sources</p> Signup and view all the answers

    Study Notes

    Informed Decision Making

    • A person's informed decision should be respected and given effect to.
    • A person has the right to be shown respect for their culture, beliefs, values, and personal characteristics.
    • A person’s preferences, values, and personal and social well-being should direct decisions about their medical treatment.
    • A person should be supported to enable them to make decisions about their medical treatment.
    • A person may exercise autonomy in relation to medical treatment by:
      • Making decisions.
      • Setting out preferences and values in advance.
      • Appointing a medical treatment decision maker.
      • Appointing a support person.
      • Making collaborative decisions with family or community.

    Medical Treatment

    • Medical treatment is ‘any of the following treatments of a person by a health practitioner for the purposes of diagnosing a physical or mental condition, preventing disease, restoring or replacing bodily function in the face of disease or injury or improving comfort and quality of life –
      • Treatment with physical or surgical therapy.
      • Treatment for mental illness.
      • Treatment with:
        • Prescription pharmaceuticals.
        • Approved medicinal cannabis products.
      • Dental treatment.
      • Palliative care.
    • Medical research procedures are not included in the definition of medical treatment.

    Decision Making Capacity

    • The Act provides a four-part test to determine if a person has decision-making capacity.
    • It may be reasonable for a health practitioner to:
      • Check a patient’s clinical record.
      • Ask any family or friends present.
      • Contact a medical treatment decision maker.
      • Contact a next of kin or emergency contact on the patient’s medical record.
      • Contact the person’s GP.
      • Contact any residential care facility or other health facility the person may have attended.
    • A failure to undertake reasonable searches will constitute unprofessional conduct.
    • This means that a relevant health practitioner board may take disciplinary action against the health practitioner.

    Medical Treatment Decisions

    • The Act requires a medical treatment decision maker to make the decision that they reasonably believe the person would have made if they had decision-making capacity.
    • The Act includes a process for determining the decision the person would have made, stating that the medical treatment decision maker must:
      • First, consider any valid and relevant values directive.
      • Next, consider any other relevant preferences that the person has expressed and the circumstances in which the preferences were expressed.
      • In a case where the medical treatment decision maker is unable to identify any relevant preferences, consider the person’s values, whether expressed by the person or inferred from the person’s life.
    • In making a decision, the medical treatment decision maker must also consider the likely effects and consequences of the medical treatment, including the likely effectiveness, and whether these are consistent with the person’s preferences and values.
    • The medical treatment decision maker must also consider alternative treatment options, including not providing treatment.

    Advance Care Directives

    • Any person with decision-making capacity may create an advance care directive.
    • There is no requirement that an advance care directive be in a prescribed form.
    • The advance care directive must be in writing and in English.
    • It must include the person’s full name, date of birth, and address.
    • There is no requirement to register an advance care directive.
    • The person must understand the nature and effect of each statement in their advance care directive.
    • The advance care directive must be witnessed by two adults, one of whom is a medical practitioner.
    • An instructional directive must be expressly identified as such.
    • Any other statements in an advance care directive are values directives.

    Values Directive

    • In a values directive, a person may make more general statements about their preferences and values and what matters to them.
    • If there is no instructional directive, the health practitioner will need to obtain consent from a medical treatment decision maker to provide treatment.
    • The medical treatment decision maker must consider a values directive.

    Conflict Among Family Members

    • Conflict is inevitable in the stressful and upsetting circumstances in which medical treatment decisions often need to be made.
    • The Act seeks to make unambiguous legal obligations so that it is clear who has authority to make decisions.
    • The Act recognizes that if a person spends time to make an instructional directive, this is relevant, and should be respected even though family members might disagree with the decision.
    • The Act allows only one medical treatment decision maker for each decision.
    • The medical treatment decision maker should still consult with other family members, but ultimately they are responsible for making the decision, and their decision should be respected unless there is some evidence they are acting contrary to the person’s preferences and values.

    Support Persons

    • The Act introduces the process for formally appointing a support person.
    • The role of a support person is to help a person who has decision-making capacity to make their own decisions.
    • Appointing a support person will give the support person automatic access to the person’s medical information.

    Appointing a Support Person

    • The appointment of a support person must:
      • Be in writing and in English.
      • Include the full name, date of birth, and address of the person making it.
      • Include the full name, date of birth, address, and contact details of the support person.
    • The appointment must be witnessed by two adults, one of whom is an authorized witness.

    Role of a Support Person

    • The support person’s role is to support a person to make their own decisions and to help ensure these decisions are enacted.
    • It is important that the support person understands that it is not their role to make medical treatment decisions, but to help ensure the person can make their own decisions.
    • If the person does not have decision-making capacity, their medical treatment decision maker must decide.
    • The support person may play a role in medical treatment decisions if the person does not have decision-making capacity.
    • The support person’s role will be to advocate for the person and to ensure treatment is provided in accordance with the person’s preferences and values.
    • The support person may help to coordinate medical treatment.

    Support Person in a Clinical Context

    • The Act is not prescriptive about the role of a support person, and in practice, the role may include providing whatever support is needed.
    • A support person may help coordinate care.
    • People often see a range of specialists at different locations and receive different information from each.
    • When a person is unwell, this may be overwhelming.

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    Related Documents

    Monash Medical Law Tutorial Notes PDF

    Description

    Explore the principles of informed decision making in the context of medical treatment. This quiz covers the importance of respecting personal values, preferences, and cultural beliefs in healthcare decisions. Test your understanding of patient autonomy and collaborative decision-making processes.

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