Question
Donna is an 80-year-old widow living alone with her chihuahua since her husband died from cancer six years ago. Each Tuesday afternoon, Donna attends the
Donna is an 80-year-old widow living alone with her chihuahua since her husband died from cancer six years ago. Each Tuesday afternoon, Donna attends the local church to assist in caring for the rose garden, something her husband used to do for many years. Before walking to the church, Donna decided to take her chihuahua Benny outside; however, as she exited, Donna slipped on the stairs, fell on her side, and was unable to stand. Her neighbour Michael witnessed the fall, called 000, and requested the Queensland Ambulance Service (QAS) to attend to Donna immediately. When the paramedics arrived, they observed a shortening of her right leg, which was rotated outwards and severe swelling.
The QAS officer took Donna's vital signs, secured the hip with a splint, and immediately took Donna to the Emergency Department (ED) at the nearest hospital. During the travel to the hospital, Donna was alert, oriented and cooperative and had a Glasgow Coma Scale (GCS) of 15. During the consultation with the orthopaedic surgeon, Donna was informed that she had a fractured right hip and would require immediate surgery. Donna acknowledged her injury but told the orthopaedic surgeon that she did not want the surgery and wanted to die with dignity. The orthopaedic surgeon attempted to persuade Donna, explaining that she would have no quality of life and that the hip could take months to heal, including the loss of independence and increased risk of falls. Nonetheless, Donna continued to refuse the surgery and stated she had a good life and that the fall was a sign that it was time to be with her husband. The nursing staff contacted her son Jason, who was listed as Donna's next of kin on her medical records.
Jason was advised of the situation by the perioperative nursing staff and consented to the surgery for his mother. The surgery was scheduled with the orthopaedic surgeon, and the RN advised Donna of the plan and completed the pre-operative checklist. Donna stated, "I don't want an operation. I've heard how many people die from broken bones and decided it's my time! You say my son gave his permission but has no right to speak for me. I said no, and I mean no! Leave me alone and let me die in peace!"
Questions:
- How would you apply the elements of informed consent to this scenario? Was the consent obtained valid?
- How would you apply the Guardianship and Administration Act 2000 (Qld) to this scenario?
- Can you give latest references for this.
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