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Autonomy in patient's rights
Autonomous as a personal trait
Patient autonomy is MOST accurately defined
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On the morning of May 17th, 2005, Nola Walker was involved in a two-car collision. Police and Ambulance were dispatched and arrive on scene at the intersection of Kenny and Fernley Street. Ambulance conducted various assessments on Ms. Walker which revealed no major injuries and normal vital signs. Mrs walker denied further medical investigation and denied hospital treatment. Later on, Queensland police conducted a roadside breath test that returned a positive reading, police then escorted Ms. Walker to the cairns police station. Ms. Walker was found to be unconscious, without a pulse and not breathing. An ambulance was called but attempts to revive her failed (Coroner’s Inquest, Walker 2007). The standard of Legal and ethical obligation appeared by paramedics required for this situation are flawed and require further examination to conclude whether commitments of autonomy, beneficence, non-maleficence and justice were accomplished. 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 …show more content…
must be free from external pressures, have the capacity to make a choice, and understand the consequences relating to each option given (Townsend & Luck, 2013). After paramedic’s initial observation and assessments, Ms. Walker was given the option for further medical investigation at a hospital, which she denied as she claimed she was not hurt and did not require and help (Coroner’s Inquest, Walker, 2007). It is important that the concepts of consent and refusal are understood and correctly applied by paramedics, as it can result in legal ramifications if they are breached. (Steer, 2007). The medical treatment Act 1988 (Vic) makes provision for the competent adult to refuse medical treatment, even if that refusal may place their life at risk (Steer, 2007). A treating paramedic described Ms. Walker as being “…lucid and able to converse with her in a meaningful way.” (Coroner’s Inquest, Walker, 2007). Due to the outcome of the initial assessments, the treating paramedics deemed Ms. Walkers refusal to go to a hospital was valid. After paramedics left the scene a breath alcohol test was conducted by police that found a reading of 0.194% (Coroner’s Inquest, Walker, 2007). As this reading was conducted after paramedics had left the scene they cannot be accountable for the misjudgement of her consent. If known earlier, paramedics may be accused of negligence. While on scene paramedics failed to perform an appropriate head to toe trauma assessment as required by QAS Clinical Practice Procedure’s [CPP’s] (QAS CPP). Paramedics examined Ms. Walkers shoulder and rib area but did not auscultate her chest or examine her abdomen appropriately (Coroner’s Inquest, Walker, 2007). If performed correctly, Ms. Walkers injuries may have been detected and appropriate treatment performed, the failure to so may result in legal ramifications. Beneficence is characterized as a demonstration of philanthropy, leniency, and thoughtfulness with a solid implication of doing great to others, including moral commitment. All paramedics have a good key commitment to doing great. With regards to a patient relationship, the paramedic is committed to, dependable and no matter what, advance the welfare and enthusiasm of the patient. In medicine services, philanthropy is one of the moral establishments (Caldwell et.al, 2014). A necessary piece of work as an expert is the fundamental morals of beneficence. After completing two vital signs assessments and noting abrasions possibly caused by seat belt trauma (Coroner’s Inquest, Walker, 2007), attending paramedics believed it would benefit Ms. Walker to be transported and undergo further assessments in a hospital as it was believed there may be hidden complications, one of the paramedic made this clear on multiple occasions. Ms. Walker was quite set on refusing further medical intervention (Coroner’s Inquest, Walker, 2007). As Ms. Walker was deemed to have minimal physical trauma after assessment and denied further hospital treatment attending paramedics believed their obligation was fulfilled in regards to beneficence. Non-maleficence signifies "do no harm". Healthcare practitioners should refrain from giving insufficient treatment or acting with the perniciousness toward patients. This guideline, be that as it may, gives minimal helpful direction. The applicable ethical inquiry is whether the advantages exceed the weights (REINISCH, 2013). The reason for this inquest is due to undetected injuries sustained from the motor vehicle accident that caused the death of Ms. Walker, this could suggest paramedics did not fulfil their obligation to do no harm. QAS clinical practice procedure (2015) identifies that particularly in trauma cases the “head-to-toe” is necessary to establish a comprehensive assessment of patient status. Finding of the inquest revealed internal haemorrhage and severe chest injury was present, therefore, it can be assumed paramedics did not perform adequate assessments. Although the risk of complications was identified by paramedics, police were told “Ms. Walker was fine.” (Coroner’s Inquest, Walker, 2007). Assuming Ms. Walkers potential risk was communicated her injuries may have been addressed earlier. Poor communication between paramedics and police could be seen as a fault for the paramedic’s duty of non-maleficence. It is held at common law that each individual has the right to be self-governing and the legal duty to act fiduciarily does not negate patient autonomy. Based on the finding of the inquest we can conclude that the patient was treated with dignity and respect, the paramedics on scene outlined their concerns whilst the patient had the right to refusal. Justice was shown when paramedics outlined the patient’s options regarding the refusal of treatment. When examining evidence present in the inquest we can determine that the paramedics acted to withhold patient autonomy, beneficence, non-maleficence and justice.
Paramedics deemed the patient competent and therefore Ms. Walker had the right to refuse treatment, which held paramedics legally and ethically bound to her decisions. Although negligent actions were identified which may have resulted in a substandard patient treatment, paramedics acted with intent to better the patient despite unforeseen future factors. There is no set structure paramedics can follow in an ethical and legal standpoint thus paramedics must tailor them to every given
situation. References Caldwell, C., Floyd, L., Taylor, J., & Woodard, B. (2014). Beneficence as a source of competitive advantage. Journal of Management Development, 33(10), 1057-1079. Lantos, J., Matlock, A., & Wendler, D. (2011). Clinician integrity and limits to patient autonomy. Journal of the American Medical Association, 305(5), 495-499. Office of The State Coroner. (2007). Inquest into the death of Nola Jean Walker. Queensland Courts, file number 1211/05(6). Queensland Ambulance Service. (2011). Clinical Practice Guidelines: Assessment. Available from http://www.ambulance.qld.gov.au/clinical.html REINISCH, C. (2013). Ethical Guidelines Particular to Practice. Ethical and Legal Issues for Doctoral Nursing Students: A Textbook for Students and Reference for Nurse Leaders, 79. Steer, B. (2007). Paramedics, consent and refusal – are we competent? JESPHC, 5(1), 1-10 Townsend, R., & Luck, M. (2013). Applied Paramedic Law and Ethics Australia and New Zealand. Chatswood, NSW: Churchill Livingstone Australia.
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued
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
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.
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...
Within public health, the issue of paternalism has become a controversial topic. Questions about the ethics of public health are being asked. The role of ethics in medical practice is now receiving close scrutiny, so it is timely that ethical concepts, such as autonomy and paternalism, be re-examined in their applied context (Med J Aust. 1994). Clinically, patients are treated on a one on one basis, but public health’s obligation is toward the protection and promotion of an entire population’s health. So, based on this difference, the gaping questions targeting public health now becomes, under what conditions is it right to intervene and override an individuals’ autonomy?
Ian Shine, Administrator vs Jose Vega & another touches on a very delicate issue. The right of the patient to refuse treatment and the responsibility of the physician to administer treatment. The right of a competent adult to refuse medical treatment should always be respected even if the physician assumes the situation to be life threatening. In this case, Dr. Vega actions cannot be justified. Dr. Vega never discussed the risk or the benefits of intubation with Catherine 2(patient). Even if Catherine was believed to be incompetent to consent, Dr. Vega should have petitioned consent from Catherine’s sister, who was present at the time, he did not. As a result, Catherine was restrained and forced to receive a treatment that she as a competent adult had objected to.
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
In this essay the author will rationalize the relevance of professional, ethical and legal regulations in the practice of nursing. The author will discuss and analyze the chosen scenario and critically review the action taken in the expense of the patient and the care workers. In addition, the author will also evaluates the strength and limitations of the scenario in a broader issue with reasonable judgement supported by theories and principles of ethical and legal standards.
Charlotte’s parents thought otherwise, the Ethics Advisory Committee had to get involved. The debate surrounded if the doctors were in the right to control the life of someone who were incapable of deciding themselves, or is it the parents right. The Ethics Advisory Committee, stated that the parents were superior to those of the hospital and the hospital should conduct with less painful test. Charlotte’s parents wanted the doctors to continue testing until it was determined that her life diffidently had no chance of remaining. Because, of Charlotte’s parents’ desires unfortunately caused Charlotte to die a painful death without her parents. If the patient is unable to speak for their selves, the family should be able to have some say in the medical treatment, however; if the doctors have tried everything they could do, the hospital should have final decisions whether or not the patient dies or treatment
Health professionals are constantly working on improvements because of ethical concerns that they face in their everyday lives. The relationship between a physician and a patient is often seen as a relationship with no errors or ethical concerns but that is not the case. There are constant adjustments that are made to ensure everyone is accounted for and treated in a humane manner. Although the health system focuses on accommodating for everyone, there are many times that adolescents suffer due to their inability to make their own decisions in a health setting. Adolescents do not have the ability to make their own decisions towards their health without parental or guardian consents and many times they also base their final decision on the bias opinions of their physician or parent/guardians. Some important key concepts to understand when analyzing this issue is what paternalism and autonomy means. Autonomy is when a person can freely make their own decisions and paternalism is when someone disregards a person’s decision, and does not allow autonomy (Vaughn,71). It is important to realize that promoting adolescent autonomy at an early age allows adolescents to practice self-care and be well informed about medical procedures (Beacham & Deatrick, 2013). In order to prevent these issues from
Personal autonomy refers to the capacity to think, decide and act on one's own free initiative (Patient confidentiality & divulging patient information to third parties, 1996). For a patient’s choice to be an autonomous choice, the patient must make his choice voluntarily (free of controlling constraints), his choice must be adequately informed, and the patient must have decision-making capacity (he must be competent) (Paola, 2010), therefore Physicians and family members should help the patient come to his own decision by providing full information; they should also uphold a competent, adult patient's decision, even if it appears medically wrong (Patient confidentiality & divulging patient information to third parties, 1996).
The purpose f this paper is to answer the following question- where does patient autonomy leave off and professional expertise begin in the practice of medicine? Also, a brief personal analysis about the differences between doctors encouraging patients to question their judgment and doctors who believe that such deference is “pandering.”
“ Personal autonomy over important decisions in one’s life, the ability to attempt to realize one’s own value ordering, is indeed so important that normally no amount of other goods pleasures or avoidance of personal evils can take precedence.” The ultimate goal here is for the patient to remain autonomous. Contrary to what physicians thought of patients in the past, most patients today do want to know the status of their health, and can use this information to live their lives in a way that is the most meaningful to them. Withholding such information not only prohibits a patient from making fully informed healthcare decisions but it also violates the patient’s rights. In short, there is no way of ever knowing a person’s value scale, or what gives them reason to live the way they choose to. Although it can be argued that disclosure of certain information being given to a patient regarding health could induce anxiety or uncertainty. In the end, it is their right to know about the information because it is a necessary element that is required to make decisions regarding their healthcare. On that note, there are various other situations in life that can produce the same feelings mentioned before, regardless, as humans we tend to take chances with everything we do without ever fully knowing the results until we are faced with them. Autonomy is a fundamental right that allows us to make these decisions for ourselves. Without it, we are powerless to make decisions for
Case #2 is a perfect example of a case that causes one to question which ethical principles are most important and to whom those principles should be applied. Case #2 involves Jane Trause who has had a history of drug use and is currently pregnant. Upon being admitted into labor and delivery, it quickly becomes evident to medical staff that the fetus is medically unstable and needs to be delivered immediately. However, it is determined by the medical staff that the baby will not survive a natural delivery and that the only way the baby will be born alive is by a C-section. Jane and her husband Doug adamantly refuse to allow a C-section and remind the staff that they have a right to refuse treatment. The residents of the hospital must decide if they can morally respect Jane’s autonomy and allow her to deliver naturally, while putting the fetus’ life in jeopardy or if they will override Jane’s wishes and perform the C-section without her permission to ensure a safe delivery.
Patient autonomy is “the right of patients to make decisions about their medical care without their health care provider trying to influence the decision. Patient autonomy does allow for health care providers to educate the patient but does not allow the health care provider to make the decision for the patient” (Patient Autonomy, n.d.). In this case, the conflict to be resolved was “the right of a competent adult to refuse medical treatment and the interest of a physician in preserving life without fear of liability” (Supreme Judicial Court of Massachusetts, 1999). We must remember that Jesus Christ is our head and lawgiver. Our self-rule is to be with Him, with no outside interference in harmony with His laws. A symposium of