A 68-year-old woman is brought to the surgical intensive care unit following a severe motor vehicle collision. She is intubated, sedated, and lacks decision-making capacity. The trauma surgery team recommends an emergent exploratory laparotomy. The patient has no written advance directive and has not legally appointed a healthcare proxy. Several family members are present in the waiting room and express conflicting views on whether the surgery should be performed. To obtain legally valid informed consent, arrange the following family members in the standard statutory order of priority for surrogate decision-making, from highest priority (first) to lowest priority (last).
- 1The patient's legally married husband
- 2The patient's 35-year-old daughter
- 3The patient's 85-year-old mother
- 4The patient's 60-year-old brother
Answer
The correct hierarchy from highest to lowest priority is: the patient's husband, followed by her adult daughter, then her mother, and finally her brother.
When a patient lacks decision-making capacity and has not designated a healthcare proxy, medical professionals must seek consent from a surrogate based on a standard legal hierarchy. The universally accepted statutory order is: legally married spouse, followed by adult children, then parents, and finally adult siblings. Therefore, the husband must be consulted first, followed sequentially by the daughter, mother, and brother if higher-priority individuals are unavailable.
Step-by-Step Solution
Key Concept
Statutory hierarchy of surrogate decision-makers for incapacitated adults
Estimated Time:1m 0s