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11.8 - Legal and Ethical Issues in Intensive Care

from Section 11 - Professionalism, Patient Safety, Governance and Health Systems Management

Published online by Cambridge University Press:  27 July 2023

Ned Gilbert-Kawai
Affiliation:
The Royal Liverpool Hospital
Debashish Dutta
Affiliation:
Princess Alexandra Hospital NHS Trust, Harlow
Carl Waldmann
Affiliation:
Royal Berkshire Hospital, Reading
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Summary

Key Learning Points

  1. 1. The capacity to make an autonomous decision is central to all of modern medicine.

  2. 2. Valid consent requires the voluntary decision of an individual with capacity who has been given adequate information.

  3. 3. When a patient lacks the capacity to consent, then the justification for treating them is best interests.

  4. 4. Mediation is a process where the two (or more) sides of a dispute have a structured conversation to try and find a mutually acceptable resolution.

  5. 5. The results of mediation showed that between 60 and 90 per cent of disputes settled without the need to go to court.

Type
Chapter
Information
Intensive Care Medicine
The Essential Guide
, pp. 758 - 760
Publisher: Cambridge University Press
Print publication year: 2021

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References

References and Further Reading

Azoulay, E, Timsit, J-F, Sprung, CL, et al. Prevalence and factors of intensive care unit conflicts: the Conflicus study. Am J Respir Crit Care Med 2009;180:853–60.CrossRefGoogle ScholarPubMed
Canadian Centre for Elder Law. 2012. Report on elder and guardianship mediation. papers.ssrn.com/sol3/papers.cfm?abstract_id=2008347Google Scholar
Danbury, C, Newdick, C, Waldmann, C, Lawson, A (eds). Law and Ethics in Intensive Care. Oxford, NY: Oxford University Press; 2010.Google Scholar
Health and Social Care Information Centre. 2010. Hospital Episode Statistics. Adult Critical Care in England – April 2014 to March 2015. files.digital.nhs.uk/publicationimport/pub19xxx/pub19938/adul-crit-care-data-eng-apr-14-mar-15-rep.pdfGoogle Scholar
Sprung, CL, Cohen, SL, Sjokvist, P, et al. End-of-life practices in European intensive care units: the Ethicus study. JAMA 2003;290:790–7.CrossRefGoogle ScholarPubMed

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