Medicine /Texas Jurisprudence Exam Part 7
Which procedures need additional "statutory consent"?
Hysterectomy, radiation therapy, ECT
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Key Terms
Term
Definition
Which procedures need additional "statutory consent"?
Hysterectomy, radiation therapy, ECT
Is it the duty of the hospital or the physician to get consent?
Physician
Which particular aspects of an informed consent if neglected can be grounds for a suit? Do you need to suffer damages to sue?
Nondisclosure of risks, benefits, alternatives; yes
Is express consent required in an emergency?
No, consent is implied
If arrested and suspected to be drunk, do the police need consent to check blood?
No, consent is deemed to have been made, but consent can be expressly denied
If anyone died in an accident, is consent needed to check blood?
No
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| Term | Definition |
|---|---|
Which procedures need additional "statutory consent"? | Hysterectomy, radiation therapy, ECT |
Is it the duty of the hospital or the physician to get consent? | Physician |
Which particular aspects of an informed consent if neglected can be grounds for a suit? Do you need to suffer damages to sue? | Nondisclosure of risks, benefits, alternatives; yes |
Is express consent required in an emergency? | No, consent is implied |
If arrested and suspected to be drunk, do the police need consent to check blood? | No, consent is deemed to have been made, but consent can be expressly denied |
If anyone died in an accident, is consent needed to check blood? | No |
Who is a minor in Texas? | Anybody less than 18 years of age who has not been emancipated |
When can a minor petition the court NOT to be a minor? | Age 16 when living independently and supporting self, age 17 when supporting self, managing conservator or guardian, Texas resident |
Can an uncle consent for a minor? | Yes |
Can an educational institution consent for a minor? | Yes (boarding school for example) |
Vaccinations: Is physician liable for damages by a required vaccination? Is physician liable for damages done by a disease that the parents denied vaccination for? | No; no |
Who is responsible to review a child's immunization record? | Any physician; failure to do so has no consequence |
What happens if a physician does not review a child's immunization record? | Nothing |
Do you need to consent to inform the authorities if you suspect child abuse or neglect? | No |
In what instance can a child give consent? | If on active duty, when restrictions of minor removed, for communicable disease, if pregnant for counseling, and addiction treatment |
Does the Consent to Medical Treatment Act apply to "incapacitated" individuals? Does it apply to psychiatry patients? | Yes; yes, but not for patients in FREE-STANDING psychiatric hospitals |
Who can be a surrogate decision maker? What are the requirements? | Spouse, adult child, majority of children, parents, or a person identified by patient before becoming incapacitated |
Can surrogate decision maker consent to voluntary inpatient psych treatment? ECT treatment? Appoint another surrogate decision maker? | Not psych treatment, not ECT, cannot appoint another decision maker |
What are 3 examples of "advanced directive"? | Directive to physician, out-of-hospital DNR, medical power of attorney |
How many witnesses do you need, and what are the witness requirements for advanced directives? | 2 witnesses, one cannot be related, beneficiary, attending physician or hospital employee |
Can a directive to a physician be oral or must it be in writing? | Can be verbal and must be documented in chart with names of witnesses |
Does an advanced directive have to be notarized? | No |
How many witnesses for an oral directive? | 2 |
How long is a directive good for? | No limit, until revoked |
What are the 3 ways to revoke an advance directive? | Written, oral, or VOID across the pages |
When a directive is orally revoked, what should the physician do with it? | Destroy or write note on verbal revocation or write VOID across pages |
What happens if a physician disagrees with the directive given to him? | Does not have to follow; can request ethics or medical committee with 48-hour notification for all parties |
What is the transfer registry? | Directory of physicians or hospitals willing to accept patients in transfer who have advanced directives |
Is "mercy killing" allowed in Texas? | No |
Who must sign an "out-of-hospital DNR"? Can it be verbal? Are witnesses needed? | Attending physician, patient, and two witnesses; yes/no; yes/no |
What is the effect of an "out-of-hospital DNR"? | Legally binding; patient's wishes written as a physician order |
If a patient's family disagrees with a patient's decision, what can they do? | Must apply for temporary guardianship under Texas probate code |
If you see a DNR device on a patient but have not seen the form, is that enough not to give treatment? | Yes, DNR device is enough |
Can an incompetent patient revoke their DNR? | Yes |
Should this form accompany patients on transfers? | Yes |
What kind of treatment can the power of attorney NOT consent to? | Admission to mental health institution, ECT, psychosurgery, abortion, neglect of minimal treatment (nutrition, hydration, comfort measures) |
Does the power of attorney have an expiration date? | No, unless specified |
What happens if on the expiration date the patient is incompetent? | It is continued until patient becomes competent again, then expires |
Who cannot be the power of attorney? | Principal health care provider or residential care provider or employee of those |
Does the power of attorney have access to the patient's medical records? | Yes |