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Importance of patients rights and responsibilities
Medical ethics eassy
The importance of patients rights
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Part 1: Describing the Main Topic of Chapter 2 “Principles of Autonomy and Informed Consent”
The main topic of Chapter 2 “Principles of Autonomy and Informed Consent” is informed consent and the ethical issues behind it. In this chapter it discusses that individuals have autonomy meaning that they can choose and act or not act, this is the sense of them having free will. Free will is what allows individuals to be responsible for their actions and allow them to govern and live their life as they desire. But, the ethical issue arises pertaining to informed consent, which is a crucial concept in medical practice. Informed consent is the permission granted by the patient to allow a procedure to be done but, the patient must first have knowledge
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It introduces the topic by stating that having respect for an individual includes allowing them to make their own choices and life plans. Autonomy is the word used to describe that individuals have their own choices, they can choose to act or not act. With autonomy comes free will; free will is what allows individuals to be held accountable for their actions. But, in situations where an individual is restrained, under psychological manipulation, or incompetent they don’t have free will and therefore shouldn’t be accountable for their actions. In situations where a patient is incompetent (relating to health care) a proper surrogate makes decisions for that …show more content…
The patient preference rule dictates that the health care professional tells the patient what the patient wants to know. The professional custom rule states that the health care professional shall tell the patient what is normally told to patients in similar situations. This rule may be labeled incorrect, according to Ballie, McGeehan, Garrett, and Garrett (2013) there is “no such thing as a professional standard” (pg.38). In prudent person rule, the physician’s disclosure to the patient should be measured by the patient’s need for information to decide whether to refuse or accept treatment. In the subjective substantial disclosure rule the health care professional describes all information to the patient. Today a combination of the prudent person and substantial disclosure rules is mostly used. Together they assure that the patient will have the information needed to make a decision.
In this chapter, paternalism is described as acting without consent or even overriding a person’s wishes to prevent harm to the patient. Another term described in this chapter is the therapeutic privilege. Therapeutic privilege is the privilege of withholding information from the patient if the physician believes that the disclosure will have an
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
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...
Not all cases is patient autonomy the most important thing to respect and honor. There will always be situations where Medical paternalism is justified. Justifiable paternalism in a medical perspective is prolonging patients’ lives allowing them to exercise their autonomy. Failing to respect a patient’s treatment requests or denials is a violation of the autonomy at that point in time during their illness. While the previous statement is true, the medical professional is violating a patient’s future autonomy. For this reason, medical professionals have the right to act paternalistically, therefore medical paternalism is justified by means of future autonomy and obligations to promote patient
This provides people with control over their health care when they cannot speak for themselves. In other words, a health care directive is a legal document recognized by a legislative body to promote autonomy (The Health Care Directives Act, 1992). Autonomy is described as the quality to function independently (Mosby, 2013). Autonomy is the fundamental concept of health care directives, it allows people to openly express their personal values and beliefs, without judgement of health care decisions, “…autonomous decisions as those made intentionally and with substantial understanding and freedom from controlling influences” (Entwistle, Carter, Cribb, & McCaffery, 2010). When all information is provided, the individual can make an informed decision about their health care and have a right to no influencing factors. The health care directive document provide people the opportunity to consent to or refuse treatment and who will have the authority to make decisions on the individual’s behalf if unconscious, or mental incapacity arise (The Health Care Directives Act, 1992). In order to fully practice autonomy, especially in regards to health care directives, the appropriate mental development is key to comprehending
Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed consent, the patient must be aware and should be able to give a voluntary consent for the treatment and testing without being coerced, even if coercion is very little. Being coerced into giving consent is not voluntary because others people’s opinions account for part of his decision. Prisoners and the poor population are two areas where coercion is found the most when giving consent. Terminally ill patients also give consent in hope of recovering from their illness. Although the possibilities are slim of having a successful recovery, they proceed with the research with the expectation of having a positive outcome. As stated by Raab, “informed consent process flows naturally from the ‘partnership’ between physician and patient” (Raab). Despite the fact that informed consent is supposed to educate the patients, it is now more of an avoidance of liability for physicians (Raab). Although the physician provides adequate information to his patient, how can he ensure that his patient properly ...
Autonomy is defined as “the right to make independent decisions concerning one’s own life and well being” which encompasses four main meanings describing autonomy as: “free action, effective deliberation, authenticity and moral reflection” (Yeo & Moorhouse, 1996, p.91-93). In the case of 59 year old Ms. R, who has stage IV metastatic lung cancer (Kirk, 2014), respecting her autonomy can be honored using three of the four autonomy principles; free action, effective deliberation and authenticity. Using autonomy as free action, defined as “being able to do what one wishes
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 aim of the analysis is meant to clarify the meaning of the word autonomy thereby the introduction of a concept. Clarification is needed as the word autonomy does have several meanings and not all apply to medical terminology, some meanings span to philosophy, technology and general decision making. The medical meaning is significant in the care of patients for improved outcomes through choice and educated decision making on the part of the patient. Autonomy can be empowering as a concept or even as a single word.
Autonomy is identified as another professional value and one that the nurse must possess. Autonomy is the right to self-determination. Nurse’s respect the patient’s right to make a decision regarding their healthcare. Practical application includes, educating patients and their families on their choices, honoring their right to make their own decision and stay in control of their health, developing care plans in collaboration with the patient (Taylor, C. Lillis, C. LeMone, P. Lynn, P,
In assessing the philosophical validity of the concept of autonomy in the delivery of healthcare. There are many fundamental issues to address. Due to the current situation in healthcare; the idea of the individual taking control of their own decisions would appear to be the fundamental form of autonomy. However, a question could be asked as to what would happen if the wrong decision is made or unable to make a decision? Using specific examples such as religion, mental capacity, and age, this essay will explore philosophical ideology focussed on the validity of autonomy within the provision of healthcare.
According to the textbook, informed consent is the agreement to permit a medical procedure after disclosure of all relevant facts needed to make an intelligent decision. Informed consent presents a clear perspective of the facts, consequences, and risks involved with the medical treatment or procedure. Consent requires that a person is legally competent and possess a reasonable sum of information and comprehension about the proposed operation of health care treatment. “Cobbs v Grant 8 Cal.3d 229 (1972) made obtaining informed consent a nondelegable duty of the surgeon or other health care professional performing a procedure. Other people can give the patient some information, but the surgeon or the person performing the procedure must participate
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 ...
Additionally, if the patient does not understand the situation, the doctor cannot simply operate; they must try their best educating their patient as opposed to simply practice without given knowledge. Under O’Neil’s Kantian view, the only case in which it is okay to exercise paternalism is if the patient is unconscious and the condition is imminently serious: the doctor then has the fundamental consent to
Physicians with this outlook base these decisions on a utilitarian perspective, in which the outcome is the deciding factor. Physicians with a utilitarian outlook may disregard a minor’s confidentiality because they may believe it is ethically justified to disclose health information to the parents of a minor whose health is in danger. Although a doctor’s duty involves patient’s autonomy and the prolonging of a patient’s life, their duty of confidentiality may change when family or partners are involved (Gilbar 2004). This is a utilitarian approach since the physicians would be considering the lives of others and maximizing the greatest good for the greatest amount of people.