Assignment Prompt & Instructions
**files (2)**
– ## Week5LearningResources-LawandEthicsinHealthcare.docx
– ## Week5DiscussionResponse-LawandEthicsinHealthcare.docx
**## Week5LearningResources-LawandEthicsinHealthcare.docx**
**Law and Ethics in Healthcare**
**Week 5 Learning Resources**
**Required Reading**
· Pozgar, G. D. (2024).
_Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.
· Chapter 11, “Patient Consent” (pp. 337–350)
· Chapter 14, “Patient Abuse” (pp. 411–423)
· MedlinePlus. (2021, November 9).
[_Mental status testing_ Links to an external site.](http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm). http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm
· Alomar, A. Z. (2021).
[Confidence level, challenges, and obstacles faced by orthopedic residents in obtaining informed consentLinks to an external site.](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=edsdoj&AN=edsdoj.29820044926e4a7bae51cba768ead0b1&site=eds-live&scope=site&custid=s6527200).
_Journal of Orthopedic Surgery and Research_,
_16_(1), 390–403. https://doi.org/10.1186/s13018-021-02531-1
· Bakke, B., M., Feuz, M. A., McMahan, R., D., Barnes, D. E., Li, B., Volow, A. M., Powell, J., & Sudore, R. L. (2022).
[Surrogate decision makers need better preparation for their role: Advice from experienced surrogatesLinks to an external site.](https://www.liebertpub.com/doi/10.1089/jpm.2021.0283).
_Journal of Palliative Medicine_,
_25_(6), 857–863. http://doi.org/10.1089/jpm.2021.0283
· Barstow, C., Shahan, B., & Roberts, M. (2018).
[Evaluating medical decision-making capacity in practiceLinks to an external site.](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=30215955&site=eds-live&scope=site&custid=s6527200).
_American Family Physician_,
_98_(1), 40–46.
· Wocial, L. D., Slaven, J. E., Montz, K., Monahan, P. O., Hickman, S. E., Callahan, C. M., Helft, P. R., Sachs, G. A., Inger, L., Burke, E. S., & Torke, A. M. (2020)
_._ [Factors associated with physician moral distress caring for hospitalized elderly patients needing a surrogate decision-maker: A prospective studyLinks to an external site.](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=32096085&site=eds-live&scope=site&custid=s6527200).
_Journal of General Internal Medicine, 35_(5), 1405–1412. https://doi.org/10.1007/s11606-020-05652-1
**Required Media**
Walden University, LLC. (2015). Incident in the ER: Scene 1 [Video]. Walden University Canvas. https://waldenu.instructure.com
**## Week5DiscussionResponse-LawandEthicsinHealthcare.docx**
**Week 5 Discussion Response**
**Law and Ethics in Healthcare**
**Colleague 1- Melissa Prieto**
The emergency room scenario demonstrates the importance of accurately determining a patient's decision-making capacity before proceeding with medical treatment. While healthcare providers have an ethical duty to provide timely care, they must also respect the patient's autonomy by ensuring informed consent is obtained whenever possible. The video highlights the challenges providers face when a patient's competency is uncertain and emphasizes the need for a structured, legally compliant process to protect both the patient's rights and the healthcare organization (Walden University, LLC, 2015).
If a patient is determined to lack decision-making capacity, healthcare decisions should be made by a legally authorized surrogate decision maker. This individual may be identified through an advance directive, durable power of attorney for healthcare, or, if no documentation exists, according to the state's legal hierarchy for surrogate decision makers (Pozgar, 2024). The surrogate's responsibility is to use substituted judgment by making decisions that reflect the patients previously expressed wishes and values. If those wishes are unknown, the surrogate should apply the best-interest standard by choosing the option most likely to promote the patient's health, safety, and well-being (Pozgar, 2024).
Healthcare administrators play a critical role in ensuring that patient autonomy is respected while competency is appropriately established. Administrators should implement policies requiring clinicians to conduct and document formal assessments of decision-making capacity whenever competency is questioned. Capacity assessments should evaluate whether the patient can understand relevant information, appreciate the consequences of treatment decisions, reason through available options, and communicate a consistent choice (Pozgar, 2024). When necessary, consultation with psychiatry, neurology, or ethics committees can provide additional support before determining that a surrogate decision maker is required. Ongoing education and staff training are also essential to ensure providers understand the legal and ethical standards surrounding informed consent and competency.
Facility policies and regulatory standards significantly influence how competency is determined. Hospitals must comply with state informed consent laws, accreditation standards, and federal regulations that protect patient rights. Standardized policies promote consistency in evaluating competency, documenting assessments, identifying surrogate decision makers, and obtaining informed consent. Accrediting organizations such as The Joint Commission require healthcare organizations to establish processes that protect patient rights and ensure informed decision-making throughout the continuum of care (The Joint Commission, 2024). By maintaining clear policies and educating staff, healthcare administrators help reduce legal risk while promoting ethical decision-making that balances beneficence, autonomy, and patient safety.
Overall, the scenario demonstrates that competency should never be assumed or dismissed without careful evaluation. Healthcare administrators have a responsibility to ensure that providers follow evidence-based policies that protect patient autonomy, comply with legal requirements, and ensure that surrogate decision makers act in the patient's best interests when capacity is lacking.
References:
· Pozgar, G. D. (2024).
_Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.
· Chapter 11, “Patient Consent” (pp. 337–350)
· Chapter 14, “Patient Abuse” (pp. 411–423)
· MedlinePlus. (2021, November 9).
[_Mental status testing_](http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm). http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm
· Alomar, A. Z. (2021).
[Confidence level, challenges, and obstacles faced by orthopedic residents in obtaining informed consent](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=edsdoj&AN=edsdoj.29820044926e4a7bae51cba768ead0b1&site=eds-live&scope=site&custid=s6527200).
_Journal of Orthopedic Surgery and Research_,
_16_(1), 390–403. https://doi.org/10.1186/s13018-021-02531-1
· Bakke, B., M., Feuz, M. A., McMahan, R., D., Barnes, D. E., Li, B., Volow, A. M., Powell, J., & Sudore, R. L. (2022).
[Surrogate decision makers need better preparation for their role: Advice from experienced surrogates](https://www.liebertpub.com/doi/10.1089/jpm.2021.0283).
_Journal of Palliative Medicine_,
_25_(6), 857–863. http://doi.org/10.1089/jpm.2021.0283
· Barstow, C., Shahan, B., & Roberts, M. (2018).
[Evaluating medical decision-making capacity in practice](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=30215955&site=eds-live&scope=site&custid=s6527200).
_American Family Physician_,
_98_(1), 40–46.
· Wocial, L. D., Slaven, J. E., Montz, K., Monahan, P. O., Hickman, S. E., Callahan, C. M., Helft, P. R., Sachs, G. A., Inger, L., Burke, E. S., & Torke, A. M. (2020)
_._ [Factors associated with physician moral distress caring for hospitalized elderly patients needing a surrogate decision-maker: A prospective study](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=32096085&site=eds-live&scope=site&custid=s6527200).
_Journal of General Internal Medicine, 35_(5), 1405–1412. https://doi.org/10.1007/s11606-020-05652-1
**Colleague 2- Tia Sturdevant**
The emergency room scenario demonstrates that determining competency is not solely a clinical judgment but also an organizational and ethical responsibility. While physicians often evaluate a patient's decision-making capacity, healthcare organizations must create systems that ensure these evaluations are conducted consistently, fairly, and without bias. Competency should not be viewed as an all-or-nothing condition; rather, it exists on a continuum and may fluctuate based on factors such as pain, medication effects, emotional distress, or acute illness (Barstow et al., 2018).
If a patient is determined to lack decision-making capacity, authority generally shifts to a legally authorized surrogate decision maker. However, the more significant question is whether the healthcare team has exhausted every opportunity to support the patient's participation in the decision-making process before transferring authority to another individual. Ethical healthcare practice requires providers to maximize patient involvement whenever possible, even when decision-making capacity is diminished (Pozgar, 2024).
A surrogate decision maker should serve as the patient's voice rather than the decision maker's own advocate. The surrogate's responsibility is to preserve the patient's values, preferences, and life goals through substituted judgment. Research suggests that surrogates frequently experience uncertainty and emotional burden, highlighting the importance of healthcare organizations providing guidance, education, and structured support throughout the decision-making process (Bakke et al., 2022).
From an administrative perspective, competency determination should be treated as a risk-management and quality-improvement issue. Healthcare administrators should establish policies requiring interdisciplinary assessments that include physicians, nurses, social workers, ethics consultants, and behavioral health professionals when competency is unclear. Such collaboration reduces the likelihood of subjective judgments and helps protect patient rights. Additionally, healthcare organizations should routinely encourage advance care planning so that patient preferences are documented before a crisis occurs.
The video also raises concerns regarding moral distress among healthcare professionals. When providers are uncertain whether a patient possesses decision-making capacity or when surrogate decisions appear inconsistent with the patient's wishes, ethical conflict may arise. Wocial et al. (2020) found that uncertainty surrounding surrogate decision-making contributes significantly to physician moral distress. Administrators can address this challenge by implementing ethics consultation services and fostering a culture where difficult decisions are openly discussed and evaluated.
Facility standards, accreditation requirements, and state regulations provide the framework for determining competency, but organizational culture ultimately determines how effectively these standards are applied. Compliance alone is insufficient. Healthcare leaders must create environments where patient dignity, self-determination, and informed consent are embedded in everyday practice. In this way, competency assessment becomes more than a legal environment- it becomes a mechanism for safeguarding human rights within the healthcare system.
Ultimately, the most effective healthcare organizations do not wait until competency is questioned in the emergency department. They proactively establish policies, education programs, and advance care planning initiatives that preserve patient autonomy long before a surrogate decision maker is needed.
References
Bakke, B. M., Feuz, M. A., McMahan, R. D., Barnes, D. E., Li, B., Volow, A. M., Powell, J., & Sudore, R. L. (2022). Surrogate decision makers need better preparation for their role: Advice from experienced surrogates. Journal of Palliative Medicine, 25(6), 857–863.
[http://doi.org/10.1089/jpm.2021.0283](http://doi.org/10.1089/jpm.2021.0283)
Barstow, C., Shahan, B., & Roberts, M. (2018). Evaluating medical decision-making capacity in practice. American Family Physician, 98(1), 40–46.
Pozgar, G. D. (2024). Legal and ethical issues for health professionals (6th ed.). Jones & Bartlett Learning.
Walden University, LLC. (2015). Incident in the ER: Scene 1 [Video]. Walden University Canvas.
[https://waldenu.instructure.com](https://waldenu.instructure.com/)
Wocial, L. D., Slaven, J. E., Montz, K., Monahan, P. O., Hickman, S. E., Callahan, C. M., Helft, P. R., Sachs, G. A., Inger, L., Burke, E. S., & Torke, A. M. (2020). Factors associated with physician moral distress caring for hospitalized elderly patients needing a surrogate decision-maker: A prospective study. Journal of General Internal Medicine, 35(5), 1405–1412.
[https://doi.org/10.1007/s11606-020-05652-1](https://doi.org/10.1007/s11606-020-05652-1)
**## Week5DiscussionResponse-LawandEthicsinHealthcare.docx**
**Week 5 Discussion Response**
**Law and Ethics in Healthcare**
**Colleague 1- Melissa Prieto**
The emergency room scenario demonstrates the importance of accurately determining a patient's decision-making capacity before proceeding with medical treatment. While healthcare providers have an ethical duty to provide timely care, they must also respect the patient's autonomy by ensuring informed consent is obtained whenever possible. The video highlights the challenges providers face when a patient's competency is uncertain and emphasizes the need for a structured, legally compliant process to protect both the patient's rights and the healthcare organization (Walden University, LLC, 2015).
If a patient is determined to lack decision-making capacity, healthcare decisions should be made by a legally authorized surrogate decision maker. This individual may be identified through an advance directive, durable power of attorney for healthcare, or, if no documentation exists, according to the state's legal hierarchy for surrogate decision makers (Pozgar, 2024). The surrogate's responsibility is to use substituted judgment by making decisions that reflect the patients previously expressed wishes and values. If those wishes are unknown, the surrogate should apply the best-interest standard by choosing the option most likely to promote the patient's health, safety, and well-being (Pozgar, 2024).
Healthcare administrators play a critical role in ensuring that patient autonomy is respected while competency is appropriately established. Administrators should implement policies requiring clinicians to conduct and document formal assessments of decision-making capacity whenever competency is questioned. Capacity assessments should evaluate whether the patient can understand relevant information, appreciate the consequences of treatment decisions, reason through available options, and communicate a consistent choice (Pozgar, 2024). When necessary, consultation with psychiatry, neurology, or ethics committees can provide additional support before determining that a surrogate decision maker is required. Ongoing education and staff training are also essential to ensure providers understand the legal and ethical standards surrounding informed consent and competency.
Facility policies and regulatory standards significantly influence how competency is determined. Hospitals must comply with state informed consent laws, accreditation standards, and federal regulations that protect patient rights. Standardized policies promote consistency in evaluating competency, documenting assessments, identifying surrogate decision makers, and obtaining informed consent. Accrediting organizations such as The Joint Commission require healthcare organizations to establish processes that protect patient rights and ensure informed decision-making throughout the continuum of care (The Joint Commission, 2024). By maintaining clear policies and educating staff, healthcare administrators help reduce legal risk while promoting ethical decision-making that balances beneficence, autonomy, and patient safety.
Overall, the scenario demonstrates that competency should never be assumed or dismissed without careful evaluation. Healthcare administrators have a responsibility to ensure that providers follow evidence-based policies that protect patient autonomy, comply with legal requirements, and ensure that surrogate decision makers act in the patient's best interests when capacity is lacking.
References:
· Pozgar, G. D. (2024).
_Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.
· Chapter 11, “Patient Consent” (pp. 337–350)
· Chapter 14, “Patient Abuse” (pp. 411–423)
· MedlinePlus. (2021, November 9).
[_Mental status testing_](http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm). http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm
· Alomar, A. Z. (2021).
[Confidence level, challenges, and obstacles faced by orthopedic residents in obtaining informed consent](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=edsdoj&AN=edsdoj.29820044926e4a7bae51cba768ead0b1&site=eds-live&scope=site&custid=s6527200).
_Journal of Orthopedic Surgery and Research_,
_16_(1), 390–403. https://doi.org/10.1186/s13018-021-02531-1
· Bakke, B., M., Feuz, M. A., McMahan, R., D., Barnes, D. E., Li, B., Volow, A. M., Powell, J., & Sudore, R. L. (2022).
[Surrogate decision makers need better preparation for their role: Advice from experienced surrogates](https://www.liebertpub.com/doi/10.1089/jpm.2021.0283).
_Journal of Palliative Medicine_,
_25_(6), 857–863. http://doi.org/10.1089/jpm.2021.0283
· Barstow, C., Shahan, B., & Roberts, M. (2018).
[Evaluating medical decision-making capacity in practice](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=30215955&site=eds-live&scope=site&custid=s6527200).
_American Family Physician_,
_98_(1), 40–46.
· Wocial, L. D., Slaven, J. E., Montz, K., Monahan, P. O., Hickman, S. E., Callahan, C. M., Helft, P. R., Sachs, G. A., Inger, L., Burke, E. S., & Torke, A. M. (2020)
_._ [Factors associated with physician moral distress caring for hospitalized elderly patients needing a surrogate decision-maker: A prospective study](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=32096085&site=eds-live&scope=site&custid=s6527200).
_Journal of General Internal Medicine, 35_(5), 1405–1412. https://doi.org/10.1007/s11606-020-05652-1
**Colleague 2- Tia Sturdevant**
The emergency room scenario demonstrates that determining competency is not solely a clinical judgment but also an organizational and ethical responsibility. While physicians often evaluate a patient's decision-making capacity, healthcare organizations must create systems that ensure these evaluations are conducted consistently, fairly, and without bias. Competency should not be viewed as an all-or-nothing condition; rather, it exists on a continuum and may fluctuate based on factors such as pain, medication effects, emotional distress, or acute illness (Barstow et al., 2018).
If a patient is determined to lack decision-making capacity, authority generally shifts to a legally authorized surrogate decision maker. However, the more significant question is whether the healthcare team has exhausted every opportunity to support the patient's participation in the decision-making process before transferring authority to another individual. Ethical healthcare practice requires providers to maximize patient involvement whenever possible, even when decision-making capacity is diminished (Pozgar, 2024).
A surrogate decision maker should serve as the patient's voice rather than the decision maker's own advocate. The surrogate's responsibility is to preserve the patient's values, preferences, and life goals through substituted judgment. Research suggests that surrogates frequently experience uncertainty and emotional burden, highlighting the importance of healthcare organizations providing guidance, education, and structured support throughout the decision-making process (Bakke et al., 2022).
From an administrative perspective, competency determination should be treated as a risk-management and quality-improvement issue. Healthcare administrators should establish policies requiring interdisciplinary assessments that include physicians, nurses, social workers, ethics consultants, and behavioral health professionals when competency is unclear. Such collaboration reduces the likelihood of subjective judgments and helps protect patient rights. Additionally, healthcare organizations should routinely encourage advance care planning so that patient preferences are documented before a crisis occurs.
The video also raises concerns regarding moral distress among healthcare professionals. When providers are uncertain whether a patient possesses decision-making capacity or when surrogate decisions appear inconsistent with the patient's wishes, ethical conflict may arise. Wocial et al. (2020) found that uncertainty surrounding surrogate decision-making contributes significantly to physician moral distress. Administrators can address this challenge by implementing ethics consultation services and fostering a culture where difficult decisions are openly discussed and evaluated.
Facility standards, accreditation requirements, and state regulations provide the framework for determining competency, but organizational culture ultimately determines how effectively these standards are applied. Compliance alone is insufficient. Healthcare leaders must create environments where patient dignity, self-determination, and informed consent are embedded in everyday practice. In this way, competency assessment becomes more than a legal environment- it becomes a mechanism for safeguarding human rights within the healthcare system.
Ultimately, the most effective healthcare organizations do not wait until competency is questioned in the emergency department. They proactively establish policies, education programs, and advance care planning initiatives that preserve patient autonomy long before a surrogate decision maker is needed.
References
Bakke, B. M., Feuz, M. A., McMahan, R. D., Barnes, D. E., Li, B., Volow, A. M., Powell, J., & Sudore, R. L. (2022). Surrogate decision makers need better preparation for their role: Advice from experienced surrogates. Journal of Palliative Medicine, 25(6), 857–863.
[http://doi.org/10.1089/jpm.2021.0283](http://doi.org/10.1089/jpm.2021.0283)
Barstow, C., Shahan, B., & Roberts, M. (2018). Evaluating medical decision-making capacity in practice. American Family Physician, 98(1), 40–46.
Pozgar, G. D. (2024). Legal and ethical issues for health professionals (6th ed.). Jones & Bartlett Learning.
Walden University, LLC. (2015). Incident in the ER: Scene 1 [Video]. Walden University Canvas.
[https://waldenu.instructure.com](https://waldenu.instructure.com/)
Wocial, L. D., Slaven, J. E., Montz, K., Monahan, P. O., Hickman, S. E., Callahan, C. M., Helft, P. R., Sachs, G. A., Inger, L., Burke, E. S., & Torke, A. M. (2020). Factors associated with physician moral distress caring for hospitalized elderly patients needing a surrogate decision-maker: A prospective study. Journal of General Internal Medicine, 35(5), 1405–1412.
[https://doi.org/10.1007/s11606-020-05652-1](https://doi.org/10.1007/s11606-020-05652-1)
**## Week5LearningResources-LawandEthicsinHealthcare.docx**
**Law and Ethics in Healthcare**
**Week 5 Learning Resources**
**Required Reading**
· Pozgar, G. D. (2024).
_Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.
· Chapter 11, “Patient Consent” (pp. 337–350)
· Chapter 14, “Patient Abuse” (pp. 411–423)
· MedlinePlus. (2021, November 9).
[_Mental status testing_ Links to an external site.](http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm). http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm
· Alomar, A. Z. (2021).
[Confidence level, challenges, and obstacles faced by orthopedic residents in obtaining informed consentLinks to an external site.](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=edsdoj&AN=edsdoj.29820044926e4a7bae51cba768ead0b1&site=eds-live&scope=site&custid=s6527200).
_Journal of Orthopedic Surgery and Research_,
_16_(1), 390–403. https://doi.org/10.1186/s13018-021-02531-1
· Bakke, B., M., Feuz, M. A., McMahan, R., D., Barnes, D. E., Li, B., Volow, A. M., Powell, J., & Sudore, R. L. (2022).
[Surrogate decision makers need better preparation for their role: Advice from experienced surrogatesLinks to an external site.](https://www.liebertpub.com/doi/10.1089/jpm.2021.0283).
_Journal of Palliative Medicine_,
_25_(6), 857–863. http://doi.org/10.1089/jpm.2021.0283
· Barstow, C., Shahan, B., & Roberts, M. (2018).
[Evaluating medical decision-making capacity in practiceLinks to an external site.](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=30215955&site=eds-live&scope=site&custid=s6527200).
_American Family Physician_,
_98_(1), 40–46.
· Wocial, L. D., Slaven, J. E., Montz, K., Monahan, P. O., Hickman, S. E., Callahan, C. M., Helft, P. R., Sachs, G. A., Inger, L., Burke, E. S., & Torke, A. M. (2020)
_._ [Factors associated with physician moral distress caring for hospitalized elderly patients needing a surrogate decision-maker: A prospective studyLinks to an external site.](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=32096085&site=eds-live&scope=site&custid=s6527200).
_Journal of General Internal Medicine, 35_(5), 1405–1412. https://doi.org/10.1007/s11606-020-05652-1
**Required Media**
Walden University, LLC. (2015). Incident in the ER: Scene 1 [Video]. Walden University Canvas. https://waldenu.instructure.com
**## Week5DiscussionResponse-LawandEthicsinHealthcare.docx**
**Week 5 Discussion Response**
**Law and Ethics in Healthcare**
**Colleague 1- Melissa Prieto**
The emergency room scenario demonstrates the importance of accurately determining a patient's decision-making capacity before proceeding with medical treatment. While healthcare providers have an ethical duty to provide timely care, they must also respect the patient's autonomy by ensuring informed consent is obtained whenever possible. The video highlights the challenges providers face when a patient's competency is uncertain and emphasizes the need for a structured, legally compliant process to protect both the patient's rights and the healthcare organization (Walden University, LLC, 2015).
If a patient is determined to lack decision-making capacity, healthcare decisions should be made by a legally authorized surrogate decision maker. This individual may be identified through an advance directive, durable power of attorney for healthcare, or, if no documentation exists, according to the state's legal hierarchy for surrogate decision makers (Pozgar, 2024). The surrogate's responsibility is to use substituted judgment by making decisions that reflect the patients previously expressed wishes and values. If those wishes are unknown, the surrogate should apply the best-interest standard by choosing the option most likely to promote the patient's health, safety, and well-being (Pozgar, 2024).
Healthcare administrators play a critical role in ensuring that patient autonomy is respected while competency is appropriately established. Administrators should implement policies requiring clinicians to conduct and document formal assessments of decision-making capacity whenever competency is questioned. Capacity assessments should evaluate whether the patient can understand relevant information, appreciate the consequences of treatment decisions, reason through available options, and communicate a consistent choice (Pozgar, 2024). When necessary, consultation with psychiatry, neurology, or ethics committees can provide additional support before determining that a surrogate decision maker is required. Ongoing education and staff training are also essential to ensure providers understand the legal and ethical standards surrounding informed consent and competency.
Facility policies and regulatory standards significantly influence how competency is determined. Hospitals must comply with state informed consent laws, accreditation standards, and federal regulations that protect patient rights. Standardized policies promote consistency in evaluating competency, documenting assessments, identifying surrogate decision makers, and obtaining informed consent. Accrediting organizations such as The Joint Commission require healthcare organizations to establish processes that protect patient rights and ensure informed decision-making throughout the continuum of care (The Joint Commission, 2024). By maintaining clear policies and educating staff, healthcare administrators help reduce legal risk while promoting ethical decision-making that balances beneficence, autonomy, and patient safety.
Overall, the scenario demonstrates that competency should never be assumed or dismissed without careful evaluation. Healthcare administrators have a responsibility to ensure that providers follow evidence-based policies that protect patient autonomy, comply with legal requirements, and ensure that surrogate decision makers act in the patient's best interests when capacity is lacking.
References:
· Pozgar, G. D. (2024).
_Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.
· Chapter 11, “Patient Consent” (pp. 337–350)
· Chapter 14, “Patient Abuse” (pp. 411–423)
· MedlinePlus. (2021, November 9).
[_Mental status testing_](http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm). http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm
· Alomar, A. Z. (2021).
[Confidence level, challenges, and obstacles faced by orthopedic residents in obtaining informed consent](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=edsdoj&AN=edsdoj.29820044926e4a7bae51cba768ead0b1&site=eds-live&scope=site&custid=s6527200).
_Journal of Orthopedic Surgery and Research_,
_16_(1), 390–403. https://doi.org/10.1186/s13018-021-02531-1
· Bakke, B., M., Feuz, M. A., McMahan, R., D., Barnes, D. E., Li, B., Volow, A. M., Powell, J., & Sudore, R. L. (2022).
[Surrogate decision makers need better preparation for their role: Advice from experienced surrogates](https://www.liebertpub.com/doi/10.1089/jpm.2021.0283).
_Journal of Palliative Medicine_,
_25_(6), 857–863. http://doi.org/10.1089/jpm.2021.0283
· Barstow, C., Shahan, B., & Roberts, M. (2018).
[Evaluating medical decision-making capacity in practice](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=30215955&site=eds-live&scope=site&custid=s6527200).
_American Family Physician_,
_98_(1), 40–46.
· Wocial, L. D., Slaven, J. E., Montz, K., Monahan, P. O., Hickman, S. E., Callahan, C. M., Helft, P. R., Sachs, G. A., Inger, L., Burke, E. S., & Torke, A. M. (2020)
_._ [Factors associated with physician moral distress caring for hospitalized elderly patients needing a surrogate decision-maker: A prospective study](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=32096085&site=eds-live&scope=site&custid=s6527200).
_Journal of General Internal Medicine, 35_(5), 1405–1412. https://doi.org/10.1007/s11606-020-05652-1
**Colleague 2- Tia Sturdevant**
The emergency room scenario demonstrates that determining competency is not solely a clinical judgment but also an organizational and ethical responsibility. While physicians often evaluate a patient's decision-making capacity, healthcare organizations must create systems that ensure these evaluations are conducted consistently, fairly, and without bias. Competency should not be viewed as an all-or-nothing condition; rather, it exists on a continuum and may fluctuate based on factors such as pain, medication effects, emotional distress, or acute illness (Barstow et al., 2018).
If a patient is determined to lack decision-making capacity, authority generally shifts to a legally authorized surrogate decision maker. However, the more significant question is whether the healthcare team has exhausted every opportunity to support the patient's participation in the decision-making process before transferring authority to another individual. Ethical healthcare practice requires providers to maximize patient involvement whenever possible, even when decision-making capacity is diminished (Pozgar, 2024).
A surrogate decision maker should serve as the patient's voice rather than the decision maker's own advocate. The surrogate's responsibility is to preserve the patient's values, preferences, and life goals through substituted judgment. Research suggests that surrogates frequently experience uncertainty and emotional burden, highlighting the importance of healthcare organizations providing guidance, education, and structured support throughout the decision-making process (Bakke et al., 2022).
From an administrative perspective, competency determination should be treated as a risk-management and quality-improvement issue. Healthcare administrators should establish policies requiring interdisciplinary assessments that include physicians, nurses, social workers, ethics consultants, and behavioral health professionals when competency is unclear. Such collaboration reduces the likelihood of subjective judgments and helps protect patient rights. Additionally, healthcare organizations should routinely encourage advance care planning so that patient preferences are documented before a crisis occurs.
The video also raises concerns regarding moral distress among healthcare professionals. When providers are uncertain whether a patient possesses decision-making capacity or when surrogate decisions appear inconsistent with the patient's wishes, ethical conflict may arise. Wocial et al. (2020) found that uncertainty surrounding surrogate decision-making contributes significantly to physician moral distress. Administrators can address this challenge by implementing ethics consultation services and fostering a culture where difficult decisions are openly discussed and evaluated.
Facility standards, accreditation requirements, and state regulations provide the framework for determining competency, but organizational culture ultimately determines how effectively these standards are applied. Compliance alone is insufficient. Healthcare leaders must create environments where patient dignity, self-determination, and informed consent are embedded in everyday practice. In this way, competency assessment becomes more than a legal environment- it becomes a mechanism for safeguarding human rights within the healthcare system.
Ultimately, the most effective healthcare organizations do not wait until competency is questioned in the emergency department. They proactively establish policies, education programs, and advance care planning initiatives that preserve patient autonomy long before a surrogate decision maker is needed.
References
Bakke, B. M., Feuz, M. A., McMahan, R. D., Barnes, D. E., Li, B., Volow, A. M., Powell, J., & Sudore, R. L. (2022). Surrogate decision makers need better preparation for their role: Advice from experienced surrogates. Journal of Palliative Medicine, 25(6), 857–863.
[http://doi.org/10.1089/jpm.2021.0283](http://doi.org/10.1089/jpm.2021.0283)
Barstow, C., Shahan, B., & Roberts, M. (2018). Evaluating medical decision-making capacity in practice. American Family Physician, 98(1), 40–46.
Pozgar, G. D. (2024). Legal and ethical issues for health professionals (6th ed.). Jones & Bartlett Learning.
Walden University, LLC. (2015). Incident in the ER: Scene 1 [Video]. Walden University Canvas.
[https://waldenu.instructure.com](https://waldenu.instructure.com/)
Wocial, L. D., Slaven, J. E., Montz, K., Monahan, P. O., Hickman, S. E., Callahan, C. M., Helft, P. R., Sachs, G. A., Inger, L., Burke, E. S., & Torke, A. M. (2020). Factors associated with physician moral distress caring for hospitalized elderly patients needing a surrogate decision-maker: A prospective study. Journal of General Internal Medicine, 35(5), 1405–1412.
[https://doi.org/10.1007/s11606-020-05652-1](https://doi.org/10.1007/s11606-020-05652-1)
**## Week5LearningResources-LawandEthicsinHealthcare.docx**
**Law and Ethics in Healthcare**
**Week 5 Learning Resources**
**Required Reading**
· Pozgar, G. D. (2024).
_Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.
· Chapter 11, “Patient Consent” (pp. 337–350)
· Chapter 14, “Patient Abuse” (pp. 411–423)
· MedlinePlus. (2021, November 9).
[_Mental status testing_ Links to an external site.](http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm). http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm
· Alomar, A. Z. (2021).
[Confidence level, challenges, and obstacles faced by orthopedic residents in obtaining informed consentLinks to an external site.](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=edsdoj&AN=edsdoj.29820044926e4a7bae51cba768ead0b1&site=eds-live&scope=site&custid=s6527200).
_Journal of Orthopedic Surgery and Research_,
_16_(1), 390–403. https://doi.org/10.1186/s13018-021-02531-1
· Bakke, B., M., Feuz, M. A., McMahan, R., D., Barnes, D. E., Li, B., Volow, A. M., Powell, J., & Sudore, R. L. (2022).
[Surrogate decision makers need better preparation for their role: Advice from experienced surrogatesLinks to an external site.](https://www.liebertpub.com/doi/10.1089/jpm.2021.0283).
_Journal of Palliative Medicine_,
_25_(6), 857–863. http://doi.org/10.1089/jpm.2021.0283
· Barstow, C., Shahan, B., & Roberts, M. (2018).
[Evaluating medical decision-making capacity in practiceLinks to an external site.](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=30215955&site=eds-live&scope=site&custid=s6527200).
_American Family Physician_,
_98_(1), 40–46.
· Wocial, L. D., Slaven, J. E., Montz, K., Monahan, P. O., Hickman, S. E., Callahan, C. M., Helft, P. R., Sachs, G. A., Inger, L., Burke, E. S., & Torke, A. M. (2020)
_._ [Factors associated with physician moral distress caring for hospitalized elderly patients needing a surrogate decision-maker: A prospective studyLinks to an external site.](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=32096085&site=eds-live&scope=site&custid=s6527200).
_Journal of General Internal Medicine, 35_(5), 1405–1412. https://doi.org/10.1007/s11606-020-05652-1
**Required Media**
Walden University, LLC. (2015). Incident in the ER: Scene 1 [Video]. Walden University Canvas. https://waldenu.instructure.com
**## Week5DiscussionResponse-LawandEthicsinHealthcare.docx**
**Week 5 Discussion Response**
**Law and Ethics in Healthcare**
**Colleague 1- Melissa Prieto**
The emergency room scenario demonstrates the importance of accurately determining a patient's decision-making capacity before proceeding with medical treatment. While healthcare providers have an ethical duty to provide timely care, they must also respect the patient's autonomy by ensuring informed consent is obtained whenever possible. The video highlights the challenges providers face when a patient's competency is uncertain and emphasizes the need for a structured, legally compliant process to protect both the patient's rights and the healthcare organization (Walden University, LLC, 2015).
If a patient is determined to lack decision-making capacity, healthcare decisions should be made by a legally authorized surrogate decision maker. This individual may be identified through an advance directive, durable power of attorney for healthcare, or, if no documentation exists, according to the state's legal hierarchy for surrogate decision makers (Pozgar, 2024). The surrogate's responsibility is to use substituted judgment by making decisions that reflect the patients previously expressed wishes and values. If those wishes are unknown, the surrogate should apply the best-interest standard by choosing the option most likely to promote the patient's health, safety, and well-being (Pozgar, 2024).
Healthcare administrators play a critical role in ensuring that patient autonomy is respected while competency is appropriately established. Administrators should implement policies requiring clinicians to conduct and document formal assessments of decision-making capacity whenever competency is questioned. Capacity assessments should evaluate whether the patient can understand relevant information, appreciate the consequences of treatment decisions, reason through available options, and communicate a consistent choice (Pozgar, 2024). When necessary, consultation with psychiatry, neurology, or ethics committees can provide additional support before determining that a surrogate decision maker is required. Ongoing education and staff training are also essential to ensure providers understand the legal and ethical standards surrounding informed consent and competency.
Facility policies and regulatory standards significantly influence how competency is determined. Hospitals must comply with state informed consent laws, accreditation standards, and federal regulations that protect patient rights. Standardized policies promote consistency in evaluating competency, documenting assessments, identifying surrogate decision makers, and obtaining informed consent. Accrediting organizations such as The Joint Commission require healthcare organizations to establish processes that protect patient rights and ensure informed decision-making throughout the continuum of care (The Joint Commission, 2024). By maintaining clear policies and educating staff, healthcare administrators help reduce legal risk while promoting ethical decision-making that balances beneficence, autonomy, and patient safety.
Overall, the scenario demonstrates that competency should never be assumed or dismissed without careful evaluation. Healthcare administrators have a responsibility to ensure that providers follow evidence-based policies that protect patient autonomy, comply with legal requirements, and ensure that surrogate decision makers act in the patient's best interests when capacity is lacking.
References:
· Pozgar, G. D. (2024).
_Legal and ethical issues for health professionals_ (6th ed.). Jones & Bartlett Learning.
· Chapter 11, “Patient Consent” (pp. 337–350)
· Chapter 14, “Patient Abuse” (pp. 411–423)
· MedlinePlus. (2021, November 9).
[_Mental status testing_](http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm). http://www.nlm.nih.gov/medlineplus/ency/article/003326.htm
· Alomar, A. Z. (2021).
[Confidence level, challenges, and obstacles faced by orthopedic residents in obtaining informed consent](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=edsdoj&AN=edsdoj.29820044926e4a7bae51cba768ead0b1&site=eds-live&scope=site&custid=s6527200).
_Journal of Orthopedic Surgery and Research_,
_16_(1), 390–403. https://doi.org/10.1186/s13018-021-02531-1
· Bakke, B., M., Feuz, M. A., McMahan, R., D., Barnes, D. E., Li, B., Volow, A. M., Powell, J., & Sudore, R. L. (2022).
[Surrogate decision makers need better preparation for their role: Advice from experienced surrogates](https://www.liebertpub.com/doi/10.1089/jpm.2021.0283).
_Journal of Palliative Medicine_,
_25_(6), 857–863. http://doi.org/10.1089/jpm.2021.0283
· Barstow, C., Shahan, B., & Roberts, M. (2018).
[Evaluating medical decision-making capacity in practice](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=30215955&site=eds-live&scope=site&custid=s6527200).
_American Family Physician_,
_98_(1), 40–46.
· Wocial, L. D., Slaven, J. E., Montz, K., Monahan, P. O., Hickman, S. E., Callahan, C. M., Helft, P. R., Sachs, G. A., Inger, L., Burke, E. S., & Torke, A. M. (2020)
_._ [Factors associated with physician moral distress caring for hospitalized elderly patients needing a surrogate decision-maker: A prospective study](https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=mnh&AN=32096085&site=eds-live&scope=site&custid=s6527200).
_Journal of General Internal Medicine, 35_(5), 1405–1412. https://doi.org/10.1007/s11606-020-05652-1
**Colleague 2- Tia Sturdevant**
The emergency room scenario demonstrates that determining competency is not solely a clinical judgment but also an organizational and ethical responsibility. While physicians often evaluate a patient's decision-making capacity, healthcare organizations must create systems that ensure these evaluations are conducted consistently, fairly, and without bias. Competency should not be viewed as an all-or-nothing condition; rather, it exists on a continuum and may fluctuate based on factors such as pain, medication effects, emotional distress, or acute illness (Barstow et al., 2018).
If a patient is determined to lack decision-making capacity, authority generally shifts to a legally authorized surrogate decision maker. However, the more significant question is whether the healthcare team has exhausted every opportunity to support the patient's participation in the decision-making process before transferring authority to another individual. Ethical healthcare practice requires providers to maximize patient involvement whenever possible, even when decision-making capacity is diminished (Pozgar, 2024).
A surrogate decision maker should serve as the patient's voice rather than the decision maker's own advocate. The surrogate's responsibility is to preserve the patient's values, preferences, and life goals through substituted judgment. Research suggests that surrogates frequently experience uncertainty and emotional burden, highlighting the importance of healthcare organizations providing guidance, education, and structured support throughout the decision-making process (Bakke et al., 2022).
From an administrative perspective, competency determination should be treated as a risk-management and quality-improvement issue. Healthcare administrators should establish policies requiring interdisciplinary assessments that include physicians, nurses, social workers, ethics consultants, and behavioral health professionals when competency is unclear. Such collaboration reduces the likelihood of subjective judgments and helps protect patient rights. Additionally, healthcare organizations should routinely encourage advance care planning so that patient preferences are documented before a crisis occurs.
The video also raises concerns regarding moral distress among healthcare professionals. When providers are uncertain whether a patient possesses decision-making capacity or when surrogate decisions appear inconsistent with the patient's wishes, ethical conflict may arise. Wocial et al. (2020) found that uncertainty surrounding surrogate decision-making contributes significantly to physician moral distress. Administrators can address this challenge by implementing ethics consultation services and fostering a culture where difficult decisions are openly discussed and evaluated.
Facility standards, accreditation requirements, and state regulations provide the framework for determining competency, but organizational culture ultimately determines how effectively these standards are applied. Compliance alone is insufficient. Healthcare leaders must create environments where patient dignity, self-determination, and informed consent are embedded in everyday practice. In this way, competency assessment becomes more than a legal environment- it becomes a mechanism for safeguarding human rights within the healthcare system.
Ultimately, the most effective healthcare organizations do not wait until competency is questioned in the emergency department. They proactively establish policies, education programs, and advance care planning initiatives that preserve patient autonomy long before a surrogate decision maker is needed.
References
Bakke, B. M., Feuz, M. A., McMahan, R. D., Barnes, D. E., Li, B., Volow, A. M., Powell, J., & Sudore, R. L. (2022). Surrogate decision makers need better preparation for their role: Advice from experienced surrogates. Journal of Palliative Medicine, 25(6), 857–863.
[http://doi.org/10.1089/jpm.2021.0283](http://doi.org/10.1089/jpm.2021.0283)
Barstow, C., Shahan, B., & Roberts, M. (2018). Evaluating medical decision-making capacity in practice. American Family Physician, 98(1), 40–46.
Pozgar, G. D. (2024). Legal and ethical issues for health professionals (6th ed.). Jones & Bartlett Learning.
Walden University, LLC. (2015). Incident in the ER: Scene 1 [Video]. Walden University Canvas.
[https://waldenu.instructure.com](https://waldenu.instructure.com/)
Wocial, L. D., Slaven, J. E., Montz, K., Monahan, P. O., Hickman, S. E., Callahan, C. M., Helft, P. R., Sachs, G. A., Inger, L., Burke, E. S., & Torke, A. M. (2020). Factors associated with physician moral distress caring for hospitalized elderly patients needing a surrogate decision-maker: A prospective study. Journal of General Internal Medicine, 35(5), 1405–1412.
[https://doi.org/10.1007/s11606-020-05652-1](https://doi.org/10.1007/s11606-020-05652-1)