Fatores associados as solicitações judiciais para acesso a leitos de UTI no estado de São Paulo / Factors associated with judicial requests for access to ICU beds in the State of São Paulo / Factores asociados a lassolicitudes judiciales de acceso a camas de UCI en el Estado de São Paulo

Introdução: A busca pela judicialização da saúde vem crescendo exponencialmente no país e por isso uma análise de seus efeitos e resultados no sistema de saúde é de extrema importânciapara o correto planejamento em saúde pública. Objetivos: analisar o perfil dos processos de judicialização em saúde referentes às necessidades por leitos de Unidade de Tratamento Intensivo no estado de São Paulo.Métodos: Estudo transversal constituído por todos os acórdãos no Tribunal de Justiça do Estado de São Paulo, no período compreendido entre 2009 e 2019. Os dados foram analisados de forma descritiva e expressos em frequências absolutas. Resultados: Foram selecionadas 299 ações para a análise, sendo a maior demanda tendo como autor principal no âmbito privado (n=292). Houve aumento de 0,66% no número de processos de demanda de leitos de 2009 a 2019 (n=66).Conclusões: Apesar da maioria dos pedidos de processo de judicialização advirem de pacientes com origem na esfera pública de saúde, a maioria dos processos são iniciados pela iniciativa privada. Nesse contexto, o estado necessita elaborar uma maior padronização nos acórdãos de modo a viabilizar com precisão a caracterização do perfil de autoria (AU).

Introduction: The search for healthcare judicialization has been increasing exponentially nationwide. Accordingly, an analysis of its effects and results in the health system is of utmost importance for correct planning in public health.Objectives: To analyze the profile of health lawsuits related to the need for Intensive Care Unit beds in the state of São Paulo.Methods: Crosssectional study consisting of all the judgments in the Court of Justice of the State of São Paulo from 2009 to 2019. The data were analyzed descriptively and expressed as absolute frequencies.Results: Two hundred ninety-nine (299) actions were selected for analysis, with the largest lawsuit having the private sector as the main plaintiff (n=292). There was a 0.66% increase in the number of bed cases from 2009 to 2019 (n=66).Conclusions: Although most lawsuit claims come from patients arising from the public health sphere, most lawsuits are initiated by the private sector. In this context, the state needs to elaborate a greater standardization in the judgments in order to make it possible to characterize plaintiffs' profiles accurately (AU).

Introducción: La búsqueda por la judicialización de la salud viene creciendoexponencialmente en el país y, por lo tanto, un análisis de sus efectos y resultados en el sistema de salud es de suma importancia para una correcta planificación en salud pública.Objetivos: Analizar el perfil de los procesos de judicialización de la salud con relación a las necesidades de camas de la Unidad de Terapia Intensiva en el Estado de São Paulo.Métodos: Estudio transversal compuesto por todas las sentencias del Tribunal de Justicia del Estado de São Paulo, en el período comprendido entre 2009 y2019. Los datos se analizaron descriptivamente y se expresaron en frecuencias absolutas.Resultados: Se seleccionaron para el análisis un total de 299 acciones, de las cuales la mayor demanda tenía como principal demandante el ámbito privado (n=292). Huboun aumento del 0,66% en el número de demandas de camas de 2009 a 2019 (n=66).Conclusiones: Aunque la mayoría de las solicitudes de procesos de judicialización provienen de pacientes procedentes del ámbito sanitario público, la mayoría de los procedimientos son iniciados por la iniciativa privada. En este contexto, el Estado necesita desarrollar juicios más normalizados para caracterizar con precisión el perfil de autoría (AU).

Management of bed availability in intensive care in the context of hospitalization by court order.

OBJECTIVE: to identify, from the nurse perspective, situations that interfere with the availability of beds in the intensive care unit in the context of hospitalization by court order. METHOD: qualitative exploratory, analytical research carried out with 42 nurses working in adult intensive care. The selection took place by non-probabilistic snowball sampling. Data collected by interview and analyzed using the Discursive Textual Analysis technique. RESULTS: three categories were analyzed, entitled deficiency of physical structure and human resources; Lack of clear policies and criteria for patient admission and inadequate discharge from the intensive care unit. In situations of hospitalization by court order, there is a change in the criteria for the allocation of intensive care beds, due to the credibility of professionals, threats of medico-legal processes by family members and judicial imposition on institutions and health professionals. CONCLUSION: nurses defend the needs of the patients, too, with actions that can positively impact the availability of intensive care beds and adequate care infrastructure.

Structure of the Anesthesia Intensive Care Units: Recommendations of the Intensive Care Section of the Spanish Society of Anaesthesiology. / Estructura de las unidades de cuidados intensivos de anestesia: recomendaciones de la Sección de Cuidados Intensivos de la Sociedad Española de Anestesiología, Reanimación y Terapéutica del Dolor (SEDAR).

BACKGROUND AND OBJECTIVE: In this article, the Intensive Care Section of the Spanish Society of Anesthesiology (SCI-SEDAR) establishes new recommendations based on the standards published by the Ministry of Health, Consumer Affairs and Social Welfare and aligned with the principle international guidelines, and develops a tool to improve quality and efficiency. MATERIALS AND METHOD: Over a 12-month period (2018), 3 members of the SCI-SEDAR defined the methodology, developed the recommendations and selected the panel of experts. Due to the limited evidence available for many of the recommendations and the significant structural differences between existing anesthesia intensive care units, we chose a modified Delphi approach to determine the degree of consensus. RESULTS: The panel consisted of 24 experts from 21 institutions. The group put forward 175 recommendations on 8 sections, including 129 with strong consensus and 46 with weak consensus. CONCLUSIONS: The SCI-SEDAR has established a series of structural recommendations that should be used when renovating or creating new anesthesia intensive care units.

French intensive care unit organisation.

Anaesthesia, Critical Care and Pain Medicine is the journal of the French Society of Anaesthesia and Intensive Care Medicine (Société Francaise d'Anesthésie et de Réanimation), aimed at promoting the French approach to anaesthesiology, critical care and perioperative medicine. Here, the Intensive Care Committee of the French Society of Anaesthesia and Intensive Care Medicine provides an overview of the organisation of the 400 French Intensive Care Units (ICU), which are polyvalent (50%), surgical (20%), or medical (12%). Around 150,000 patients are admitted to these units each year. Law Decrees govern the frame of practices, including architecture, nurse staffing - two nurses for five patients and one nurse-assistant for four patients - and 24/7 medical coverage. The daily cost of ICU hospitalisation is around 1425 €, entirely ensured by the National Health System. The clinical practices are variable but guidelines produced by intensivists are invited to adhere to guidelines available and freely accessible. End-of-life practices are framed by a Law Decree (Claeys Léonetti) aiming at protecting patients against stubbornly and unreasonable cares. The biomedical research plays a critical role in the French ICU, and practices are performed under the supervision of the Jardé Law. An Institutional Research Board approval is required for prospective studies. In conclusion, the French ICU practice is surrounded by a legal frame.

Worldwide end-of-life practice for patients in ICUs.

PURPOSE OF REVIEW: Published data and practice recommendations on end-of-life (EOL) generally reflect Western practice frameworks. Understanding worldwide practices is important because improving economic conditions are promoting rapid expansion of intensive care services in many previously disadvantaged regions, and increasing migration has promoted a new cultural diversity previously predominantly unicultural societies. This review explores current knowledge of similarities and differences in EOL practice between regions and possible causes and implications of these differences. RECENT FINDINGS: Recent observational and survey data shows a marked variability in the practice of withholding and withdrawing life sustaining therapy worldwide. Some evidence supports the view that culture, religion, and socioeconomic factors influence EOL practice, and individually or together account for differences observed. There are also likely to be commonly desired values and expectations for EOL practice, and recent attempts at establishing where worldwide consensus may lie have improved our understanding of shared values and practices. SUMMARY: Awareness of differences, understanding their likely complex causes, and using this knowledge to inform individualized care at EOL is likely to improve the quality of care for patients. Further research should clarify the causes of EOL practice variability, monitor trends, and objectively evaluate the quality of EOL practice worldwide.

An official American Thoracic Society policy statement: managing conscientious objections in intensive care medicine.

RATIONALE: Intensive care unit (ICU) clinicians sometimes have a conscientious objection (CO) to providing or disclosing information about a legal, professionally accepted, and otherwise available medical service. There is little guidance about how to manage COs in ICUs. OBJECTIVES: To provide clinicians, hospital administrators, and policymakers with recommendations for managing COs in the critical care setting. METHODS: This policy statement was developed by a multidisciplinary expert committee using an iterative process with a diverse working group representing adult medicine, pediatrics, nursing, patient advocacy, bioethics, philosophy, and law. MAIN RESULTS: The policy recommendations are based on the dual goals of protecting patients' access to medical services and protecting the moral integrity of clinicians. Conceptually, accommodating COs should be considered a "shield" to protect individual clinicians' moral integrity rather than as a "sword" to impose clinicians' judgments on patients. The committee recommends that: (1) COs in ICUs be managed through institutional mechanisms, (2) institutions accommodate COs, provided doing so will not impede a patient's or surrogate's timely access to medical services or information or create excessive hardships for other clinicians or the institution, (3) a clinician's CO to providing potentially inappropriate or futile medical services should not be considered sufficient justification to forgo the treatment against the objections of the patient or surrogate, and (4) institutions promote open moral dialogue and foster a culture that respects diverse values in the critical care setting. CONCLUSIONS: This American Thoracic Society statement provides guidance for clinicians, hospital administrators, and policymakers to address clinicians' COs in the critical care setting.

Desperately seeking a surrogate - for a patient lacking decision-making capacity.

Our hospital's policy and procedures for "Patients Without Surrogates" provides for gradated safeguards for managing patients' treatment and care when they lack decision-making capacity, have no advance directives, and no surrogate decision makers are available. The safeguards increase as clinical decisions become more significant and have greater consequences for the patient. The policy also directs social workers to engage in "rigorous efforts" to search for surrogates who can potentially provide substituted judgments for such patients. We describe and illustrate the policy, procedures, and kinds of expected rigorous efforts through our narration of an actual but disguised case for which we provided clinical ethics guidance and social work expertise. Our experience with and reflection on this case resulted in four recommendations we make for health care facilities and organizations that aim to provide quality care for their own patients without surrogates.

The interface of law and medical ethics in medical intensive care.

The delivery of medical care in the intensive care setting is subject to various legal principles and processes, as well as important ethical precepts. This article outlines the basic medicine-law interface, explaining the concepts of medical jurisprudence and forensic medicine. It then provides fundamental information about the current American medical malpractice system, including a brief discussion of the elements of a medical malpractice claim, the public policy rationales and goals purportedly undergirding the system, and potential alternatives to the existing medical malpractice system in the United States. Recognizing that the challenge, in the entire range of intensive care as in other medical settings, is adhering in practice to ethical principles while at the same time trying to minimize the providers' possible exposure to legal risks, the article identifies a number of components to the art of delivering care ethically and effectively within a pervasive legal environment, as follows: interfacing positively with the institutional legal counsel and risk management departments; utilizing (as appropriate) clinical practice guidelines or parameters; and pursuing continuing medical-legal education.

A history of ethics and law in the intensive care unit.

Because they provide potential benefit at great personal and public cost, the intensive care unit (ICU) and the interventions rendered therein have become symbols of both the promise and the limitations of medical technology. At the same time, the ICU has served as an arena in which many of the ethical and legal dilemmas created by that technology have been defined and debated. This article outlines major events in the history of ethics and law in the ICU, covering the evolution of ICUs, ethical principles, informed consent and the law, medical decision-making, cardiopulmonary resuscitation, withholding and withdrawing life-sustaining therapy, legal cases involving life support, advance directives, prognostication, and futility and the allocation of medical resources. Advancement of the ethical principle of respect for patient autonomy in ICUs increasingly is in conflict with physicians' concern about their own prerogatives and with the just distribution of medical resources.

Improving quality and safety in the ICU: a challenge for the next years.

PURPOSE OF REVIEW: The objective of this review is to focus on recent developments in ICU quality improvement. RECENT FINDINGS: Quality improvement has been subjected to an extensive discussion in the last two decades. Reasons for improving quality in the ICU cover many areas: Customer preferences have been focused as the main target for designing processes throughout the whole industry of services. New bioethics principles: patient autonomy and therapeutic limitation in the nonrecoverable patient, have changed the concept of ICU mission and quality improvement. Economical reasons: Cost of nonquality in long term vision is more expensive than investing in improving quality. Social imperatives: Equity in access to safe healthcare services is claimed everywhere in the world. Discussion about medical errors and patient safety: Errors have been visualized more as a lack of barriers in process designing than a responsibility of the health team participating in patient care. SUMMARY: Changes described above have impacted the whole practice of intensive care. Quality improvement and offering a safer healthcare will promote deep changes in management and leadership.

Ethics review: 'Living wills' and intensive care--an overview of the American experience.

Withdrawal and limitation of life support in the intensive care unit is common, although how this decision is reached can be varied and arbitrary. Inevitably, the patient is unable to participate in this discussion because their capacity is limited by the nature of the illness and the effects of its treatment. Physicians often discuss these decisions with relatives in an attempt to respect the patient's wishes despite evidence suggesting that the relatives may not correctly reflect the patient's desires. Advance decisions, commonly known as 'living wills', have been proposed as a way of facilitating the maintenance of an individual's autonomy when they become incapacitated. Others have argued that legalising advance decisions is euthanasia by the back door. In October 2007 in England and Wales, advance decisions will become legally binding as part of the 2005 Mental Capacity Act. This has been the case in the USA for many years. The purpose of the present review is to examine the published literature regarding the effect of advance decisions in relation to the provision of adult critical care.

Legal issues in the practice of critical care medicine: a practical approach.

The intensive care unit is characterized by severely ill patients who frequently succumb to their disease, despite complex modern therapies and the best efforts of dedicated care teams. Although critical care is not historically characterized as a high-risk medical specialty with respect to litigation, the urgency, complexity, and invasive nature of intensive care unit care clearly increases legal risk exposure. Physicians do not practice in a vacuum. Instead, the practice of medicine is increasingly affected by government regulation, societal pressures, and pubic expectations. Law governs the interactions among the government, institutions, and individuals. Therefore, at a time when the practice of medicine itself is becoming increasingly more complex, physicians and other healthcare providers also face increasing administrative and legal challenges. Therefore, it is imperative that physicians develop an understanding of basic substantive and procedural law; first, so that their practices can be more focused and rewarding and less a fear of the unknown; second, that we can work proactively to minimize our legal risk; third, so that we can better communicate with risk managers, attorneys, and insurers; and finally, so that we can better understand and participate in future legal, legislative, regulatory, and public policy development. Accordingly, this general overview briefly addresses the substantive law of medical malpractice, informed consent, the law relating to research in critical care, Emergency Medical Treatment and Active Labor Act, the False Claims Act, peer review, state board disciplinary issues, and the Health Insurance Portability and Accountability Act; in addition, relevant procedural considerations will be briefly summarized.

Ethical, legal and organizational issues in the ICU: prediction of outcome.

PURPOSE OF REVIEW: Since the development of the first general outcome prediction models, these instruments have been widely used in the intensive care unit. Last updated in the early 1990s, these models are now severely outdated. RECENT FINDINGS: In recent months, researchers and users assisted in several attempts at improving the existing models through customization or expansion or in the development of new models, such as the Simplified Acute Physiology Score (SAPS) 3 and the Acute Physiology and Chronic Health Evaluation (APACHE) IV. SUMMARY: Although not similar, especially in the choice of the reference population, these models aim at replacing older general outcome models, the predictions from which no longer reflect the current case-mix outcomes of intensive care. The objective of this review is to present and discuss, to the clinician working in the intensive care unit, these different strategies and to give an updated version of the general outcome prediction models available in 2006.

The politics of end-of-life decision-making: computerised decision-support tools, physicians' jurisdiction and morality.

With the increasing corporate and governmental rationalisation of medical care, the mandate of efficiency has caused many to fear that concern for the individual patient will be replaced with impersonal, rule-governed allocation of medical resources. Largely ignored is the role of moral principles in medical decision-making. This analysis comes from an ethnographic study conducted from 1999-2001 in three US Intensive Care Units, two of which were using the computerised decision-support tool, APACHE III (Acute Physiological and Chronic Health Evaluation III), which notably predicts the probability that a patient will die. It was found that the use of APACHE presents a paradox regarding concern for the individual patient. To maintain jurisdiction over the care of patients, physicians share the data with the payers and regulators of care to prove they are using resources effectively and efficiently, yet they use the system in conjunction with moral principles to justify treating each patient as unique. Thus, concern for the individual patient is not lessened with the use of this system. However, physicians do not share the data with patients or surrogate decision-makers because they fear they will be viewed as more interested in profits than patients.

Recent thinking about end of life issues.

Frequently, ethical dilemmas for clinicians in ICU focus on the conflict between the sanctity of life principle and other important ethical principles, such as patient autonomy or quality of life. Therefore, this chapter seeks to reveal the ethical tension between the sanctity of life and other competing ethical obligations, clearly outlining how the law in reality is making decisions and what a clinician's duties are in end of life issues.

[Admission to intensive care of very old patients]. / L'admission en réanimation des personnes très âgées.

UNLABELLED: THE EXTENT OF THE PROBLEM: Because of the costs of intensive care, there is a possibility that access to this sector may be limited for those above a certain age. It would therefore appear necessary to develop an ethical clinical strategy in order to assess as precisely as possible and on individual level, the benefits and risks of these techniques, since age itself is simply a criterion among so many others. Among the elements that are important for the decision is the respect of the patient's wish, when it can be obtained since this is a fundamental point. In studies conducted in the United States, 50 to 90% of the elderly persons interviewed did not wish to be resuscitated in the case of cardiac arrest. CRITERIA FOR ADMISSION: The decision to admit an elderly patient in an intensive care unit must take into account the functional state of the patient, appreciated on daily activity and mobility scores and the neuro-psychological assessment, before hospitalization. In parallel, the severity of the underlying disease and the impact on visceral failures, assessed by the severity scores on admission appear to be more reliable prognostic elements than the patients' age itself. FOLLOWING RESUSCITATION: The quality of life of elderly patients within the months following resuscitation is difficult to assess, but is considered as acceptable in the majority of surviving patients. IN PRACTICE: The choice of admission in intensive care of an elderly patient requires a multidisciplinary approach that takes into account the patient's and/or family's wishes, the benefit/risk ratio of the technical act but which also, in certain cases, bears in mind the principle of end of life and the patient's dignity.