The Last Dance Chapters 6-10
Terms in this set (57)
Legal document expressing a person's intentions and wishes for the disposition of his or her property after death
Person's money, property, or other possesions
Real property of the estate
Money of the estate
Nonmonetary personal property of the estate
Patient Self-Determination Act (PSDA)
1990 - Requires providers of services under the Medicare and Medicaid programs to inform patients of their rights to appoint a health care proxy and draw up written limits to medical care to be activated if they become incapacitated
Physician Order of Life-Sustaining Treatement (POLST)
Standardized form that describes a patient's wishes and is signed by his or her physician, providing both a summary of an individuals advance directive decisions and the physicians order. Can be used to inform emergency personnel about a patients wishes.
Health Care Proxy / Durable Power of Attorney for Health Care
Makes it possible to appoint a proxy to represent you in making decisions about medical treatment if you become unable to do so
Proposed in 1967 by Louis Kutner - Allows an individual to refuse life sustaining treatment in the event he or she is terminally ill and the administration of life sustaining procedures would only prolong the dying process.
Individuals right to be self-governing
involves doing good or conferring benefits that enhance personal or social well-being
the injuction to "do no harm"
Informed Consent Requirements
Patient must be competent to give consent, consent must be given freely, and consent must be based on an adequate understanding of the proposed treatment including any potential risks
Duties from informed consent placed on physicians
Disclose information about treatment to patients and obtain their consent before proceeding with treatment
A study in what year demonstrated that doctors had a tendency to withhold information
Expected course of disease
Do Not Resucitate
Comfort Measures Only
Karen Ann Quinlan
1975 - 21 years old - Left bar and went to sleep and did not wake up - Vegetative state until age 31
Nancy Beth Cruzan
1983 - Car Accident - 25 years old - Vegetative state for 7 years
1990 - Collapsed in her home - Vegetative state - Husband wanted to remove feeding tube - Died in 2005
State of profound unconsciousness usually lasting a few days or weeks
Awake but unaware
Persistent Vegetative State
Termed in 1972 by scottish neurosurgeon Bryan Jennett and american neurologist Fred Plum - Defined as a wakeful unconscious state that lasts longer than a few weeks after acute brain injury
How long is the requirement for considering a vegetative state permanent?
3-12 months depending on the injury
How long is considered permanent after an oxygen depriving injury
How long is the requirement for a traumatic brain injury?
(MCS) Minimally conscious state
exhibit fluctuating evidence of awareness
How many individuals did Dr. Kevorkian help?
Courts ruling on the right to refuse treatment
it is based on the right to maintain one's bodily integrity, not on a right to hasten death
What does the Oregon Death with Dignity Act (DWDA) do?
allows physicians to prescribe lethal medication to terminally ill patients
Rule of double effect
states that a a harmful effect of treatment, even if it results in death, is permissible if the harm is not intended and occurs as a side effect of a beneficial action - is not considered PAS
Euthanasia is greek for?
When a treatment that could sustain life is withheld or withdrawn
refers to death of a patient by a medical practitioner without the patients consent
When a surrogate decision maker asks a physician for assistance to end another person's life
intentional termination of a patient's life at his or her request by someone other than the patient
Where has euthanasia found the greatest acceptance?
What are the guidelines for euthanasia?
terminal diagnosis, voluntary consent and unwavering desire to die, suffering that is unbearable, second medical opinion recommended, and documentation reporting of the death
Use of conventional, proven therapies
involve some kind of life-sustaining intervention
3 Basic legal stages that apply in the cases of mental illness when death follows expected medical probabilities
1st - Long range planning in which legal and financial affairs are put in order, 2nd - shorty before death pertinent legal papers are gathered and funds for immediate expenses are obtained, 3rd - follows death and the will is delivered to an attorney for probate
Statement signed by the person who witness the testator's making of the will
amendment to a will
written entirely by hand
died without a will
contains reciprocal provisions for husband and wives who wish to leave everything to the other spouse with no restrictions
Will made orally
process by which an estate is settled and the property distributed - generally 9-12 months
Family love letter
Provides families with basic information and personal desires after death
Describe 3,000 years ago in the Hebrew Bible as a means to pass on wisdom and love to future generations
Formally executed will
conventional document used for specifying a person's wishes for the distribution of his or her estate after death
Difference between an executor and an administrator
Executor can act independently but an administrator may be required to obtain court approval before proceeding with necessary decisions
Steps in notifying interested parties in a will
Notified by mail and sent a copy of the will if requested then legal notification is published in the newspaper
When was the first life insurance company established
1759 - Established for ministers from the Presbyterian Synod of Philadelphia
Allows the person to sell life insurance before death and receive a partial payment for a percentage of its face value. Typically 70% then the policy is cashed out in full after the death of the policyholder and the difference is pocketed