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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.).
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A Living Will is a legal written document that patients drafts to expresses their preferences for future medical care, usually end of life care.
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
state. Since everyone have different values and beliefs, many people believe that death is preferable to being dependent on life sustaining treatments. Others feel that life sustaining treatments should be used as long as possible in having hope of returning regardless of the quality of life that results. For example, a patient have not yet prepared an Advance Directive when he or she is incapacitated. Some of the family members agreed to withdraw life-sustaining treatments because they believe that is the best choice to ends the life of a suffering. However, other members in the family wants to withhold life-sustaining treatments in the hope that patient’s conditions is reversible. Therefore, an Advance Directive would be very beneficial to family members and those involved in this case. It can give everyone peace of mind as well as avoiding the disagreement among family members regarding the best way to care for patient in his or her final stage of life. Death can sneak up and strike on us at any time; however, many of us are trying the not think about it and plan for our end-of-life care. Making our decisions about our end-of-life care today can enhance our quality of life in the future and relieve the burden on our family. Discussing our health care desires with our loved ones and preparing an Advance Directive will offers the best certainty that decisions regarding our future medical care will be honored in the event that we can no longer do so ourselves.
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.
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
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
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
The end-of-life nurse’s primary objective is to provide comfort and compassion to patients and their families during an extremely difficult time. They must satisfy all “physical, psychological, social, cultural and spiritual needs” of the patient and their family. (Wu & Volker, 2012) The nurse involves their patient in care planning, as well as educating them about the options available. They must follow the wishes of the patient and their family, as provided in the patient’s advance directive if there is one available. It is i...
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.
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.
The care of patients at the end of their live should be as humane and respectful to help them cope with the accompanying prognosis of the end of their lives. The reality of this situation is that all too often, the care a patient receives at the end of their life is quite different and generally not performed well. The healthcare system of the United States does not perform well within the scope of providing the patient with by all means a distress and pain free palliative or hospice care plan. To often patients do not have a specific plan implemented on how they wish to have their end of life care carried out for them. End of life decisions are frequently left to the decision of family member's or physicians who may not know what the patient needs are beforehand or is not acting in the patient's best wishes. This places the unenviable task of choosing care for the patient instead of the patient having a carefully written out plan on how to carry out their final days. A strategy that can improve the rate of care that patients receive and improve the healthcare system in general would be to have the patient create a end of life care plan with their primary care physician one to two years prior to when the physician feels that the patient is near the end of their life. This would put the decision making power on the patient and it would improve the quality of care the patient receives when they are at the end of their life. By developing a specific care plan, the patient would be in control of their wishes on how they would like their care to be handled when the time of death nears. We can identify strengths and weakness with this strategy and implement changes to the strategy to improve the overall system of care with...
THOMAS, K. and LOBO, B., 2011. Advance care planning in end of life care. Oxford: Oxford University Press.
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
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
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...
Menzel, Paul, and Bonnie Steinbock. "Advanced Directives, Dementia, and Physician-Assisted Death." Journal of Law, Medicine, & Ethics. (2013): 484-498. Print.
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