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Autonomy in patient's rights
Autonomy in patient's rights
What is autonomy in healthcare
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As defined by Baillie, Garrett, Garrett, and McGeehan, the health care formulation of the principle of autonomy states that “you shall not treat a patient without the informed consent of the patient or his or her lawful surrogate, except in narrowly defined emergencies” (Health Care Ethics: Principles and Problems, 2009, p.32). An abdominal aortic aneurysm is a very high-risk diagnosis, but is non-emergent unless the aortic wall ruptures. It may seem that the patient is assuming very illogical and risky behavior, but it is still her right as a patient to deny the surgery if she so chooses. Unfortunately, the physician’s actions cannot be justified in this case because although the diagnosis was an acute one, it was not yet emergent. The surgeon …show more content…
violated the woman’s autonomy, as it was her decision to live with the consequences of refusing the surgery. Although time was of the essence in this case, the patient consciously denied the surgery, so it is the physicians’ obligation to provide the proper disclosure to the patient regarding her decision. The best possible combination would have been a the substantial disclosure rule and the prudent person rule to most efficiently communicate the risks and consequences associated with the patient’s decision as well as describing this information in the patient’s point of view to allow her to make the most sound decision for herself.
The prudent person rule tells the physician to disclose the information necessary towards making a decision to accept or deny treatment. This includes describing her diagnoses, the nature and purpose of their proposed surgery, evaluating with the patient the risks and consequences associated with their decision to refuse surgery, proposing the benefits to be expected if the procedure goes successfully, and if applicable to this situation, a valid prognosis if the surgery is still refused as well as the possible long-term costs associated with refusing treatment. The development of a relationship with the patient, although time is of the essence, comes with applying the subjective substantial disclosure rule, which tells the physician to “describe to the patient everything that would be material or important to the particular patient and not merely to a fictional reasonable and prudent person who makes the decision” (Baillie, Garrett, Garrett, McGeehan, Health Care Ethics: Principles and Problems, 2009,
p.39). Like mentioned above, a patient’s autonomy must never be violated unless under emergent circumstances. A court order would not have made this an ethical action, as the patient was fully awake, alert, and competent. She made the decision to refuse surgery under non-emergent conditions, and even a court does not have the right to take away her autonomy under these conditions. To further back up this claim, the surgeon acted in a paternalistic manner, as he didn’t override the patient’s need for consent to prevent the patient from causing injury towards others or to prevent an act in attempt to commit suicide. Assuming I was one of the healthcare workers, I would assume the responsibility within the scope of my practice and apply the substantial disclosure rule and the prudent person rule towards communicating with the patient further and letting her know in the most professional manner possible that her life is valuable, and that her occupation will be of no use if she dies because her aneurysm bursts. In this case, leveling with the patient and communicating with them would most likely influence the patient more efficiently than merely listing consequences and risks of her decision to refuse surgery.
American Medical Int’l, Inc. According to this theory, individuals’ decisions are guided by what they are supposed to do, not by consequences or effects. That is to say, a person’s action is ethically right if it coincides with a prevailing moral duty (“Deontological Ethics,” 2007). In the dilemma involving the patient Riser, Dr. Lang violated the theory of deontological ethics by not performing his duty of acquiring informed consent from the patient. By standard of conduct, Dr. Lang was supposed to present a consent form to Riser prior to the operation that would explain the procedure of a femoral arteriogram (although it was supposed to be bilateral arteriograms instead) and thoroughly explain the possible benefits and risks of the procedure. As a result, the patient should have the right to decide whether the femoral arteriogram should be performed or not. However, Riser was not aware of the femoral arteriogram at all. Therefore, deontological ethics should have been followed, which would advise Dr. Lang to follow the ethical duties of a healthcare professional, and those include obtaining informed consent from the
Autonomy is a concept found in moral, political, and bioethical reasoning. Inside these connections, it is the limit of a sound individual to make an educated, unpressured decision. Patient autonomy can conflict with clinician autonomy and, in such a clash of values, it is not obvious which should prevail. (Lantos, Matlock & Wendler, 2011). In order to gain informed consent, a patient
According to Terrence F. Ackerman, as of the 1980s the American Medical Association had to include the respect for a person’s autonomy as a principle of medical ethics (Ackerman 14, 1982). This includes having the physician provide all the medical information to the patient even if the information could cause negative implication onto the patient. The physician is also expected to withhold all information of the patient from 3rd parties (Ackerman 14, 1982). Although it is seen as standard in today’s world, in
One of the most complex, ever-changing careers is the medical field. Physicians are not only faced with medical challenges, but also with ethical ones. In “Respect for Patients, Physicians, and the Truth”, by Susan Cullen and Margaret Klein, they discuss to great extent the complicated dilemmas physicians encounter during their practice. In their publication, Cullen and Klein discuss the pros and cons of disclosing the medical diagnosis (identifying the nature or cause of the disease), and the prognosis (the end result after treating the condition). But this subject is not easily regulated nor are there guidelines to follow. One example that clearly illustrates the ambiguity of the subject is when a patient is diagnosed with a serious, life-threatening
Healthcare creates unique dilemmas that must consider the common good of every patient. Medical professionals, on a frequent basis, face situations that require complicated, and at times, difficult decision-making. The medical matters they decide on are often sensitive and critical in regards to patient needs and care. In the Case of Marguerite M and the Angiogram, the medical team in both cases were faced with the critical question of which patient gets the necessary medical care when resources are limited. In like manner, when one patient receives the appropriate care at the expense of another, medical professionals face the possibility of liability and litigation. These medical circumstances place a burden on the healthcare professionals to think and act in the best interest of the patient while still considering the ethical and legal issues they may confront as a result of their choices and actions. Medical ethics and law are always evolving as rapid advances in all areas of healthcare take place.
The provision states, “Respect for human dignity requires the recognition of specific patient rights, particularly, the right of self -determination. Self -determination, also known as autonomy, is the philosophical basis for informed consent in health care. Patients have the moral and legal right to determine what will be done with their own person; to be given accurate, complete, and understandable information in a manner that facilitates an informed judgement; to be assisted with weighing the benefits, burdens, and available options in their treatment, including the choice of no treatment; to accept, refuse, or terminate treatment without deceit, undue influence, duress, coercion, or penalty; and to be given necessary support throughout the decision-making and treatment process (nursingworld.org)”. Ms. Rogers cannot even get to this point because of the resident refusal to treat her. There could many things going on with her. She could have pancreatitis, gallbladder issues or many other diagnosis related to her abdominal pain. She won’t know until a physician does a full workup on her. She obviously wants to be seen or else she wouldn’t have come to the ER. She knows something is not right is she is staggering in the hospital. She has rights as a patient to be seen by a physician. I think is the resident doesn’t want to evaluate her then the ER nurse needs report that person and go find another physician to do the job. I would also talk to the house supervisor about the situation so it could be reported to administration. Doctors go into medicine to help all people, not to pick and choose who they want to
Based on them, we can definitely eliminate options (c) and (d). Option (c) is against the principle of veracity and informed consent because the doctor was lying and hiding the information about the patient’s health that the patient was supposed to know. Option (d) is morally incorrect because the patient is lied to and the surgeon is not penalized. Option (b) does abide by the principle of veracity, but is against rationality because it sets negative example for the community that the doctors can be forgiven for their mistakes. Moreover, it does not abide by stewardship because the surgeon is taking advantage of being a doctor to conceal the truth. Consequently, the morally correct decision would be the option (a) because it abides by the principles of veracity and informed consent as the responsibility of disclosing the truth to the patient is fulfilled. Moreover, considering the rationality and stewardship, it will set an example for all the doctors that incomplete disclosure of information to the patient is unacceptable and the doctors should not take advantage of their importance in the
Dr. Nemur and Dr Strauss are arguing about whether or not they should use Charlie,“Dr Nemur was worried about using me but Dr. Strauss told him Miss Kinnian recommended me the best from all the people who she was teaching”. This shows that Ms Kinnian recommended Charlie and most likely reviewed the surgery. Ms.Kinnian cares for Charlie, so would not recommend him without looking into the surgery. What this argument fails to consider is the fact that Ms. Kinnian was the only one that reviewed it. There was no other person allowed. Dr. Nemur even specifically told Charlie not to tell anyone, “ Joe Carp said hey look where Charlie had his operation what did they do Charlie put some brains in. I was going to tell him, but I remembered Dr. Strauss said no”. This goes to show how little people are allowed to know about the operation. Even the friend of the patient is not allowed to know. This is no ethical because then people that care are then not allowed to give their review on the subject. Therefore there may not be a proper amount of people that is needed for a proper
Autonomy is an important ethical principal that should be considered with great attention, especially with the limitation of personal autonomy one finds in hospitals. Burkhardt (2008) and Nathaniel define autonomy as self-governing and describe it as including four elements, the ability to determine personal goals, decide on a plan of action, to be respected, and to have freedom to act on choices. In John’s situation, his vulnerability in contrast to the power that the health care professionals hold over him put all four of these elements into jeopardy. Since his advance directive and his current choices differ, the matter of respec...
In “Should Doctors Tell the Truth?” Joseph Collins argues for paternalistic deception, declaring that it is permissible for physicians to deceive their patients when it is in their best interests. Collins considers his argument from a “pragmatic” standpoint, rather than a moral one, and uses his experience with the sick to justify paternalistic deception. Collins argues that in his years of practicing, he has encountered four types of patients who want to know the truth: those that want to know so they know how much time they have left, those who do not want to know and may suffer if told the truth, those who are incapable of hearing the truth, and those who do not have a serious diagnosis (605). Collins follows with the assertion that the more serious the condition is, the less likely the patient is to seek information about their health (606).
Truth in medicine is a big discussion among many medical professionals about how doctors handle the truth. Truth to a patient can be presented in many ways and different doctors have different ways of handling it. Many often believe that patient’s being fully aware of their health; such as a bad diagnosis, could lead to depression compared to not knowing the diagnosis. In today’s society doctor’s are expected to deliver patient’s the whole truth in order for patients to actively make their own health decisions. Shelly K. Schwartz discusses the truth in her essay, Is It Ever Ok to Lie to Patients?. Schwartz argument is that patients should be told the truth about their health and presented and addressed in a way most comfortable to the patient.
Alan Goldman argues that medical paternalism is unjustified except in very rare cases. He states that disregarding patient autonomy, forcing patients to undergo procedures, and withholding important information regarding diagnoses and medical procedures is morally wrong. Goldman argues that it is more important to allow patients to have the ability to make autonomous decisions with their health and what treatment options if any they want to pursue. He argues that medical professionals must respect patient autonomy regardless of the results that may or may not be beneficial to a patient’s health. I will both offer an objection and support Goldman’s argument. I will
The writer discusses a situation of the doctor failing to disclose the nature of important medical condition which can jeopardize several of the patient’s family members and puts the doctor at odds with them. The problem is also discussed by Sutrop (2011) who show how protecting the patient’s confidentiality and self- decision capacity has actually caused severe hindrances to the field of scientific development and research.
Disclosure of pertinent medical facts and alternative course of treatment should not be overlooked by the physician in the decision making process. This is very important information impacting whether that patient will go along with the recommended treatment. The right to informed consent did not become a judicial issue ...
...ns. Patients should not be so medically ill that they are unable to make this decision. Patients should be fully conscious and understand the implications of their decision. Everything should be documented possibly even videotaped that way the doctor doesn’t lose their job, receive a lawsuit or worst jail!