Clinical Practice of Informed Consent for Percutaneous Tracheostomy

Fig. 16.1
Critically ill patients divided according the mental status
The rules of IC and the way to design the surrogate for critically ill patients differ across countries [5]. Many countries recognise the figure of a designated surrogate or proxy, while the other countries give the legal right to the relatives. Furthermore, different countries recognise the legal validity of the advanced directives of treatment. However, the types and the contents of the advanced directives of treatment vary across countries. The most common advanced directives of treatment are the living will and the power of attorney or healthcare proxy. The living will is a document designed to control future healthcare decision or treatment when patients become incompetent. The living will describes the type of medical treatment the person would want or would not want in state of unconsciousness. The power of attorney, also called healthcare proxy, is a legal document in which the patient names a person to be his proxy to make all your healthcare decisions if he/she becomes unable to do so. The person indicated in this document has the right to consent to medical treatment (Table 16.1).
Table 16.1
Summary of the legislation about informed consent and surrogate designation in different countries
 
Competent patient
Incompetent patients
Advanced directives of treatment
Austria
Validity of self-assessment and decisional capacity
Validity of decisional power of a relative
Validity of living will and power of attorney
Belgium
Validity of self-assessment and decisional capacity
Validity of decisional power of a relative
Validity of living will and power of attorney
Bulgaria
Validity of self-assessment and decisional capacity
Validity of decisional power of the closest relative
No legal availability of living will and power of attorney
Denmark
Validity of self-assessment and decisional capacity
Validity of decisional power of a relative or friend
Validity of living will and power of attorney
Finland
Validity of self-assessment and decisional capacity
No possibility to appoint a surrogate. Consultative role of relatives
Still debating
France
Validity of self-assessment and decisional capacity
Consultative role of relatives
Consultative role
Germany
Validity of self-assessment and decisional capacity
Validity of designed surrogate. Lacking this, consultative role of relatives
Validity of living will and power of attorney
Hungary
Validity of self-assessment and decisional capacity
Validity of decisional power of a proxy
Validity of living will and power of attorney
Italy
Validity of self-assessment and decisional capacity
No possibility for patients to appoint a surrogate. Only a judge may appoint a support administrator
No legal availability of living will and power of attorney
The Netherland
Validity of self-assessment and decisional capacity
Consultative role of relatives
Validity of living will and power of attorney
Norway
Validity of self-assessment and decisional capacity
Consultative role of proxy
Legal authority still debating
Spain
Validity of self-assessment and decisional capacity
Validity of decisional power of a relative
Validity of living will and power of attorney
Switzerland

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May 4, 2017 | Posted by in CRITICAL CARE | Comments Off on Clinical Practice of Informed Consent for Percutaneous Tracheostomy

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