Part Three: as a Health Care Agent, What Do I Need to Know to Make Sound Medical Decisions?

Posted on July 17th, 2017 by Michelle

If you have read through Part One: What is a health care agent?, and Part Two: I am designated as someone’s health care agent, now what?, you probably want to know how you can be effective in the roll of advocating for and making solid medical decisions. Unfortunately, experience in these situations is the best way to learn what to do and what to not do. Fortunately, The Limbaugh Law Firm has been supporting families for almost twenty years and we have learned a lot in the process.

Below is some of the best information we have gleaned through our experiences.

1. Find out the medical facts by speaking with the doctors and getting a complete picture of the situation. Questions you can use:

• What is the name of the condition or illness?
• If you don’t know exactly what is wrong, what are the possibilities?
• Are tests needed to know more?
• Will the outcome of more testing make any difference in how you treat? (If not, why do the test?)
• What is the purpose of each test?
• What are the risks associated with the tests?
• Is the information you need worth the risk of the test?
• How do you explain the symptoms?
• What usually happens with this disease?
• What do you think will be the likely course of this disease or condition?
• How severe or advanced is the situation?

    2. Find out the options. Make sure the physician describes the risks and benefits of each option. You may want to ask:

• How will this option make him or her improve or feel better?
• What is the success rate?
• What does success look like?
• Can this procedure be done on a trial basis and then re-evaluated?
• What is an appropriate amount of time for a trial? Are you willing to stop after an agreed upon trial.
• What will it mean to his or her quality of life?
• What are the possible side effects?
• What option do you recommend, and why?

    3. What Would (Judy) Do? (insert name of your friend/loved one). You have three possible approaches to making the decision:

• If you know the preferences, follow them.
• If you do not know your friend’s/family member’s wishes for the specific decision at hand, but you have evidence of what they might want, do your best to figure out what they would decide. This is called substituted judgment and it requires you to imagine yourself in the patient’s position. Consider their values, religious beliefs, past decisions, and past statements. The goal is to choose as the patient would most likely choose, even if it is not what you would choose for yourself.
• If you have very little or no knowledge of what the patient would want, then you and the doctors will make a decision based on what a reasonable person in the same situation would decide. This is called making decisions in the patient’s best interest. Evaluate the benefits and burdens of the proposed treatment. For example will the treatment cause the patient any pain or suffering? Is it likely to make the patient fee better or recover?

I bet you never thought you would end up here, when you Googled “power of attorney”! I know this is “adult” subject matter, but The Limbaugh Law Firm believes that knowledge gives you the power to make solid, educated decisions. We are happy to share what we have learned over the years, and if needed, answer any questions you might have.