UNREPRESENTED PATIENTS: CONTEXT, RESOURCES, SOLUTIONS
THE UNREPRESENTED
Unaddressed, stigmatized, alone. (Work in progress! Will continue to be updated as I learn more myself and find more resources. Due to formatting issues, this is better viewed on desktop/laptop).
Who are unrepresented patients? Here's a brief working definition: unrepresented patients, also sometimes referred to as unbefriended, are generally elderly people who lack both medical and/or financial decision making capacity, as well as traditional surrogates to make decisions and advocate for them. Many of unrepresented patients also suffer from diseases such as dementia, making the assessment of their decision making capacity, which is in flux for many even healthy older adults, difficult. Due to a lack of standardized care or existing protocols in many areas, unrepresented patients may receive care which conflicts with their beliefs or unexpressed wishes, at the expense of physicians who lack a holistic view of the patient. Additionally, unrepresented patients make up 4% of long term ICU patients (this means around 5-10 thousand in California alone), although higher estimates have been made (unsurprisingly, there is not much existing data on unrepresented patients). This issue is becoming increasingly relevant with the baby boomer generation aging, as they have higher rates of childlessness and divorce than other generations, which is leading to a current uptick in (soon to be) unrepresented adults. Clearly, this is an issue, the address of which is long overdue.
WHO IS UNREPRESENTED?
Unrepresented patients lack capacity to make autonomous decisions in a medical setting
Unrepresented patients lack documentation of their wishes. This could be through an advance directive form, which also points physicians to surrogates; a (possibly outdated) POLST form, which instructs physicians about ethically withholding LST (life sustaining treatment), or other forms
Unrepresented patients lack a traditional/suitable surrogate (decision maker) or legally authorized representative usually found in said lacking documentation
CLINICAL ISSUES
Issues faced by the unrepresented in a clinical setting: ethics & legality
Due to unrepresented patients's lack of decision making capacity, documentation regarding their wishes, and suitable surrogates, physicians are often faced with the dilemma of figuring out the best course of action. In many cases, this may lead to physicians overtreating or undertreating their patients. Additionally there is a general lack of necessary standardization in finding surrogates for and treating unrepresented patients. For instance, in California a previously helpful section (this section reduced cost for care as hospitals no longer needed to hire unreimbursable 'e conservators' or go to court for any decision where judges usually reached similar conclusions to doctors, saving valuable time) of the Health & Safety Code, Section 1418.8 which provided instruction on convening an interdisciplinary group to care for unrepresented patients, was deemed unconstitutional in 2013 which eliminated one of few legal safety nets that exist. Due to the great legal variability around this issue, physicians often take an ad hoc approach to treatment, increasing costs and suffering.
WHAT YOU CAN FIND ON THIS WEBSITE
Here, you'll find resources which can help you better understand the issue of unrepresented patients. Some resources listed on this website include: publications addressing the issue of unbefriended patients, video interviews with professionals in geriatrics and palliative care, annotated, relevant legal documents, my own articles which I've published in local newspapers, as well as proposals on what we can do to help currently unrepresented patients and our elderly who may be at risk of becoming unrepresented.
IF YOU'VE MADE IT THIS FAR, THANKS!
Website Recommendations
I can't imagine many people make it this far on my website, and if you're reading this, thanks for taking the time to check it out! If you'd like to know even more about this issue, I have some other website recommendations. Check out any of these: Coalition for Compassionate Care of California at https://coalitionccc.org/, Thaddeus Pope's medical futility and/or personal websites at medicalfutility.blogspot.com or thaddeuspope.com, respectively, or Chris Wilson's website all about bioethics at elderethics.wordpress.com.
REACH OUT: SUGGESTIONS & CRITIQUE WELCOMED
Please email me at: adavis@thecollegepreparatoryschool.org or fill out the form to the left! If you want to help spread awareness, visit my social media under the icons below (Instagram & Facebook). Please excuse the photo, couldn't find many recent ones.