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Legal and ethical issues in death and dying
Conclusion of patients rights
Conclusion of patients rights
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There are many legal and ethical concerns surrounding issues of the end of life. Healthcare providers and patient’s family members all must encounter with different point of views of these matters. Prepare a healthcare Advances Directive is a way a patient can ease many of the issues related with the decision to die with dignity. The two primary legal documents of Advance Directives include Living Wills and Durable Powers of Attorney. By implementing these document, patients can make their wishes about health care decisions to both healthcare providers and family members in the event they become incompetent or incapable of making health care decisions. A Durable Power of Attorney is a legal document that patients assigns another person (proxy) to make health care decisions for them only in the event patient become incompetent of making such decisions. This document is important for patients who wants someone other than next of kin the legal power to control health care decisions for them (Sabatino, C.). …show more content…
This document must be signed by the patient with a witness(es) present, and will go into effect only when a patient has lost capacity to make health care decisions (terminal illness and/or in a state of permanent unconsciousness). A living will is so valuable in health care situation because it provide guidelines for healthcare providers and patient’s surrogate decision maker(s) to follow his/her wishes (Sabatino, C.). In order to withdraw life-sustaining treatments, two physicians must confirmed that patient in a terminal condition or permanent unconsciousness
As a result, life-sustaining procedures such as ventilators, feeding tubes, and treatments for infectious and terminal diseases are developing. While these life-sustaining methods have positively influenced modern medicine, they also inadvertently cause terminal patients extensive pain and suffering. Previous to the development of life-sustaining procedures, many people died in the care of their own home, however, today the majority of Americans take their last breath lying in a hospital bed. As the advancement of modern medicine continues, physicians and patients are going to encounter life-altering trials and tribulations. Arguably, the most controversial debate in modern medicine is the discussion of the ethical choice for physician-assisted suicide.
Wiener, Lori, Elizabeth Ballard, Tara Brennan, Haven Battles, Pedro Martinez, and Maryland Pao. 2008. "How I wish to be remembered: the use of an advance care planning document in adolescent and young adult populations." Journal Of Palliative Medicine 11, no. 10: 1309-1313. MEDLINE with Full Text, EBSCOhost (accessed May 26, 2014).
As we get older and delve into the real world, it is important to start thinking about end-of-life care and advance directives. Although it is something no one wants to imagine, there is an absolute necessity for living wills and a power of attorney. Learning about the Patient Self-Determination Act and the different legal basis in where you live is important because it will help people understand why advance care directives are so important. Although there are several barriers in implementing advance care directives, there are also several actions that healthcare professionals can take to overcome these obstacles. These are also important to know about, especially for someone going into the medical field.
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
While navigating the abundant and sometimes confusing legal language of advance directives can be time consuming, it would benefit every person to consider their end of life wishes and have some form of written statement available for their doctor and family to understand those wishes. Doing this in advance can prevent emotional anguish, suffering and expensive litigation. In the end, clearly and when possible, written, documentation of a medical directive, a living will, or a chosen health care power of attorney will lessen the burden for the medical professionals and family of a dying or incapacitated person.
Everyone should have a power of attorney document in place in case of an emergency situation such as a serious illness or incapacitation making it impossible to make decisions concerning health care and living arrangements. Having this document becomes more important as individuals age because it is more likely that a person will have health issues such as a stroke. One of the first things to consider is choosing a responsible person to act as an agent to make important decisions. Most individuals select a relative such as a spouse, parent or sibling to make difficult choices concerning finances and medical treatments. In many cases, the person selected as an attorney-in-fact or agent is already a caregiver for an infirm or elderly individual. Anyone chosen to act as an agent or attorney-in-fact is required to behave honestly with the person represented. Occasionally, an individual might hire a professional to act as an agent.
Consequently, she was left in what most assumed to be a vegetative state for years eventually because her husband continued to advocate for her right to die she was unplugged and died soon after. This case served as a warning for most people who didn’t really consider Advanced Directives before. Are family members sure of what lengths should or shouldn’t be taken worst case scenario. Repeatedly this has proven not to be the case. Death or dying is always a taboo subject however, when high profile cases like this arise people are forced to evaluate their own lives? A study regarding knowledge about advance directives conducted in 2004 suggested that there was a direct correlation between attitudes, financial stability and the number of people who had advanced directives. Surprisingly this same study discovered that doctors or healthcare professions assumed it was the patient’s duty to seek out
Menzel, Paul, and Bonnie Steinbock. "Advanced Directives, Dementia, and Physician-Assisted Death." Journal of Law, Medicine, & Ethics. (2013): 484-498. Print.
Assisted suicide is one of the biggest controversies in medicine to date. This is when a patient is terminally ill and wants to die already. It is called assisted suicide because the patient needs to be given lethal poisons to move on and needs the doctor or caretaker to administer those poisons. These are patients that are in palliative care. Palliative care is nurses and doctors making a terminally ill patient as comfortable as he or she can be. They do this by administering heavy narcotics that make them forgot about their pain. There are two sides to this argument support the right for a patient to sign his own death certificate or not allow patients to choose their own fate. This paper will outline a few of the pros, cons and benefits
It is hard to let someone that is close to us die, but we need to look beyond the fact that you will miss them. You need to think about what is best for the patient and if they are terminal; prolonging their life is not the best thing. It is important to prepare for our own death and make our wishes known. A living will is one way of doing that. A living will is a document explains to your doctor what types of treatment you want if you become terminally ill. A living will only works when you are terminal, it does not come into effect if you are in an accident and need emergency treatment. Some people may feel that a living will is not for them, when in fact everyone should have a living will. Most people assume that a living will means that they are refusing treatment, which is not true. A living will just explains your wishes.
THOMAS, K. and LOBO, B., 2011. Advance care planning in end of life care. Oxford: Oxford University Press.
Patients are encouraged to attend this workshop with friends and family to start the discussion about Advance Directives. So far, there has been high patient satisfaction and high rates of patients who state they will complete an Advance Directive within the next month. We understand that Advance Directive need time and further discussions to complete, therefore we do not pressure patients to fill it out on the spot. We have also received feedback from my patients that doctors and nurses do not educate or, at the very least, mention Advance Directives to patients unless they are scheduled to undergo some type of invasive procedure. Patients are very appreciative of the Life Care Planning Class. I would like to further our efforts in bringing awareness to Advance Directives by developing a training to help the health care team promote Advance Directives in a similar way we do in our class, but also focus on reminding and emphasizing the patients’ rights and autonomy through their Advance Directives. Even though patients are vulnerable when they are seeking our care in the hospital, we need to respect their rights and health care choices. With these efforts, we are assuring
A power of attorney may be a family member, doctor, nurse, or a legal representative. If you are considering a legal representative, there will be a cost for the representation. This power of attorney will listen to all of the demands and inquiries you make. The surrogate decision-maker and power of attorney will have to make sure that your wishes and best interests are brought to the forefront when tragedy transpires. According to British Journal of Nursing (2013), best interests will have to, “consider the patient’s values, attitudes and beliefs.” With this being said, you are able to hear scenarios and state how you would like to be treated if you were in that situation. For example, you have the right to refuse radiation, surgery, and many other medical procedures if you are not comfortable with them. Evermore, your religion plays a major role in your documentation. If your religion is against blood transfusions, you can include this in your statement with your power of attorney for them to record it. While you are with your power of attorney, you should have another witness there. Acquiring another witness of the encounter helps to prove that the requests you have made were actually what you would want. When tragedy strikes and you are not able to defend yourself, your power of attorney will be there to make sure that your documentation and opinion will not be
The financial power of attorney and medical power of attorney are the two important forms assigned to one or two people to help aging adults with their end of life
One reason why the solution to have the patient consent to euthansia and have legal documentation of the consent is the patient would have be evaluated to show thier complete understanding of thier decision and know the consequences of that decision, which if the evaluation showed no understanding the assistance would not occur. The family would also be able to express thier feelings to the patient about the decision. This would help further asses the pati...