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The 4 medical ethic principals and advanced directives
Essays on advanced care directives
Ethics and patient autonomy
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This past Tuesday, I attended Dr. Eric Vogelstein’s philosophical seminar and forum titled “Advance Directives: Problems and Prospects.” This talk focused upon the use of advance directives, which can be described as written legal documents that detail a patient’s wishes regarding their medical treatments in the case that he or she unable to verbalize them due being in an unforeseen medical state or circumstance, as well as the implications of their use in the medical field. Advance directives themselves usually consist of living wills medical powers of attorney (i.e. proxy designation). The use of advance directives is often ethically justified based on the belief that it allows patients to exercise their autonomy through self-determination. …show more content…
Thus, the purpose Dr. Vogelstein’s discussion was to examine whether such ethical justification can be considered as valid by analyzing three specific practical problems, the function of advanced directives, and their use in cases with patients suffering from Alzheimer’s disease and dementia. However, in this reflection I will only address the three arguments raised in this talk. The first argument presented against the use of advanced directives revolved around the issue of informed consent or more specifically the lack of informed consent.
It is argued that advanced directives do not actually allow patients to exercise true autonomy since these documents can be constructed without adequate discussion with a healthcare professional, which is an underlying characteristic the widely accepted definition of informed consent. In my opinion, this lack of communication between a patient and healthcare professional about creating an advanced directive is potentially disastrous and does not allow a patient to utilize self-determination. Without this essential discussion with a healthcare professional, who is assumed to be knowledgeable in possible health outcomes, treatments, and interventions, it can be said that patients are not able to obtain and utilize all present information available to them in order to make efficient decisions about their health. Thus, a patient is unable to effectively construct an advanced directive that truly details their wishes and values regarding their treatment. At first sight, it appears that advanced directives provide a patient with full control regarding their desire future course of treatment without knowledge of all information, which is primarily gained from thorough discussion with a healthcare professional, it is unlikely that he or she is able to truly exercise their autonomy regarding their future …show more content…
health. The problem of translation was also presented as an argument against advanced directives since such documents are unable to fully describe the complexities associated with decision-making and the possible choices available in specific medical situations.
I believe that this argument is valid because it is a well-known fact the very nature of medicine is highly unpredictable and complex. As humans, we tend view future scenarios with outcomes that we hope to occur or predict will occur. However, combining this human tendency for favorable predictions with advanced directives can lead to disastrous effects for a patient since he or she may not see the true reality of the complexity of a possible future medical circumstance. For example, if a patient documented his or her wish to be resuscitated only by the means of CPR in the event of being unresponsive, the patient could fail to see the possibility that this method may not be efficient or that other methods, such as cardiac defibrillation, may be a quicker and more convenient method to save their life. Thus, the use advanced directives may play a role in closing patients off to the examining and comprehending the complexity of medical interventions by confining them to their preferred and sometimes misguided wishes. Such an example also illustrates the last argument presented in talk which focused upon the belief that we has humans do not actually know what we want. Hence it is difficult for us as humans to definitively make
choices for future events because we are prone to either underestimate or overestimate our inclinations towards things. A patient currently wish to be given life sustaining treatment even if he or she is medically vegetative because of person values and may include such directions in an advanced directive, but this patient may not hold the same values in the ensuing months and wish for this intervention to take place. Overall, the use of advanced directive at first glances appears to be a useful tool for solving difficult treatment decisions that align with a patient’s wishes, but it clear that their use highlights a number of ethical issues as well as discrepancies in human nature itself.
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
Patient autonomy was the predominant concern during the time of publication of both Ezekiel and Linda Emanuel, and Edmund D. Pellegrino and David C. Thomasma's texts. During that time, the paternalistic model, in which a doctor uses their skills to understand the disease and choose a best course of action for the patient to take, had been replaced by the informative model, one which centered around patient autonomy. The latter model featured a relationship where the control over medical decisions was solely given to the patient and the doctor was reduced to a technical expert. Pellegrino and Thomasma and the Emanuel’s found that the shift from one extreme, the paternalistic model, to the other, the informative model, did not adequately move towards an ideal model. The problem with the informative model, according to the Emanuel’s, is that the autonomy described is simple, which means the model “presupposes that p...
An effective advance care planning process follows a series of steps that incorporates the patient’s preferences, their values, and a dialog to help identify proxies. The educated person must first consider a proxy and determine the goals of their care. Ideally, the chosen proxy will then partake in the advance care planning process. It is important that the person completing the advance directive make the proxy aware of their authority, the goals of treatment, important personal factors, and the scope of discretion for that individual. It is also imperative that the advance care directive be available to both the proxy and healthcare providers.
Prior to discussing why Advanced Directives are so essential the definition of Advanced Directives is crucial. An Advanced Directive is made up of several legal components which ultimately online the patient’s wishes if one was to be incapacitated or unable to verbally make wishes know regarding healthcare. The understanding of what a living will and a durable power of attorney both need to be discussed before one is able to compare and contrast. A living will ensures that anyone reading this paper will understand how the patient wanted to continue their form of treatment. With a living will anyone ranging from patients to healthcare professions should be able to determine the specific actions the patients would want taken if they are unable to make said wishes known. A
In this context, new emphasis is being placed on the rights of patients. Recent federal legislation, for example, requires all health care facilities receiving Medicare or Medicaid monies to inform patients of their right to make medical treatment decisions. This includes the right to specify "advance directives," [1] which state what patients wish to be done in case they are no longer able to communicate adequately.
Social Attitudes Survey noted that 78% of respondents believe that “the law should require doctors to carry out the instructions of a Living Will” (Park et al, 2007). These decisions become important once patients lose their mental capacity, are unconscious, or unable to communicate” (BMA, 2009). The Mental Capacity Act 2005 defines an “advance decision” as a decision made by a person 18 or over, when he or she has the capacity to do so. The implications of a Living Will, make the case against legalising assisted dying weaker. This is because if a person is legally allowed to set out which treatments they will or will not agree to, and can refuse life sustaining treatments by creating a legal document, then why shouldn’t an individual in extreme pain who is able to make the request at the time be able to ask for assistance in
Hospitals have been mandated to honor their patient’s decision ever since 1991, when Congress passed the Patient Self- Determination Act Law. Forty-nine states with the exception of my home state of Missouri gave permission for the next of kin to make decisions for incoherent relatives. Missouri also has an extra requirement for their Living Will Statute and that is any form...
All creatures on earth just want to live very long, and the human has more avid than any other creature on our planet. The patients having critical diseases want to prolong their lives, so they want to believe in doctors and modern medical system. I believe that they want to live because they still have a lot of things that they have to do, or they don’t want to make their family feel upset when they pass away. Moreover, their family have too many expectations of the medical treatments and the doctors, but the results are always negative. My close friend’s family is an example. When his grandmother’s diabetes was in the last period, she had to get some surgeries because her feet were gangrenous. After that surgeries, she told she feels very painful and just wants to die, but she does not want to make her family feel bad. Therefore, she had suffered her painful with an expectation prolonging her life on a hospital bed. Many people nearing the end of their lives have to suffer many medical treatments looking like a mortification. “Many people think of CPR as a reliable life save when, in face, the results are usually poor,” written by the author, has demonstrated for that examples. In addition, the doctors are the second factor that affects to the decision using medical treatments. All of the doctors just want to try their best to cure the patients, and they want to help the
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
One of the greatest dangers facing chronic and terminally ill patients is the grey area regarding PAS. In the Netherlands, there are strict criteria for the practice of PAS. Despite such stringencies, the Council on Ethical and Judicial Affairs (1992) found 28% of the PAS cases in the Netherlands did not meet the criteria. The evidence suggests some of the patient’s lives may have ended prematurely or involuntarily. This problem can be addressed via advance directives. These directives would be written by competent individuals explaining their decision to be aided in dying when they are no longer capable of making medical decisions. These interpretations are largely defined by ones morals, understanding of ethics, individual attitudes, religious and cultural values.
I understand how you feel and why you blame yourself for what you termed “helped her with her request” to facilitate her wishes to set things in place. However, you did not make the decision for your aunt; she exercised her right of autonomy to decide for herself. Also, your aunt still had the use of her faculties; that is one of the key factors that should exonerate you from any guilt. What a coincidence, just this week we discussed in my other class the topics on Advance Directive and Power of Attorney. In our hospital, all patients are asked if they have an Advance Directive, and if they do, the hospital has the moral responsibility to honor whatever was stipulated in the directive. Also, there is no need for the service
An advance health care directive or advance directive is a legal document that tells the doctor the wishes of a patient concerning health care. It provides a better chance of receiving the kinds of treatment a patient may or may not have when they are unable to voice those wishes to a doctor or family members. A patient may choose a living will, a medical directive, or a health care power of attorney or health care proxy, or a combination of the three.
In his essay, “The Refutation of Medical Paternalism,” Alan Goldman discusses his argument against differentiation in the roles between physicians and patients. He says the physician may act against a patient’s will in order treat the patient in their best interest. Goldman makes his whole argument around the assumption that a person’s right to decide his or her future is the most important and fundamental right, saying, “the autonomous individual is the source of those other goods he enjoys, and so is not to be sacrificed for the sake of them.” His claim is that most people agree that they are the best judges of their own self-interest and there is an innate value in the freedom to determine their own future. On these principles, Goldman starts by discussing conditions under which paternalism may be justified.
The problem is primary care providers of Haitian patients are ineffective in educating about advanced directives. Initiating advanced directive discussions in the primary care setting can allow individuals to plan their end-of-life care early. According to Waite et al (2013), “less than one-third of American adults have advanced directives (p.1). End-of-life care is a culturally-sensitive topic in the Haitian community. End-of-life care preferences should be initiated in primary care practice while the patient has the capacity to make their own decisions. According to Boot and Wilson (2014), if advanced care planning discussions are not initiated at all, it can be detrimental to a patient’s health care status. Advanced directives will continue
The U.S. Congress passed the Patient Self-Determination Act (PSDA) of 1990 as an amendment to the Omnibus Budget Reconciliation Act that is legislation intended to guarantee that individuals are given the opportunity to determine the course of their own medical care, such as advanced directives, and that these decisions are protected. The Patient Self-Determination Act Amended titles ⅩⅧ (Medicare) and ⅩⅠⅩ (Medicaid) of the Social Security Act. This legislation requires healthcare providers including hospitals, nursing homes, home health agencies, hospice providers, HMOs, and other healthcare organizations to provide information about advanced health care directive to patients upon their admission to the healthcare facility.