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Patient autonomy case
Patient autonomy case
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Tyrell Dueck Case Study The case study reviewed is about a competent 14 year old Canadian boy who has bone cancer and has refused further chemotherapy treatment. His parents are Christians and agree to his wishes, they decide to seek alternative therapy. The health care team disagreed and the case went to court. The court case ended when the physician found out the cancer had spread and there was nothing more that could be done. Competent adults have the legal right to make decisions about their own health care without being challenged by a physician. However, in some instances, those same competent adults cannot make medical decisions for their children without the courts stepping in and overriding the parents’ legal rights. One of the most challenging and complicated task as a parent is to make a medical decision about their child that could mean life or death (The Canadian Bar Association, 2012). The case study addresses the rights of the parents to decline further medical treatment for their son and his rights as the patient to refuse further treatment. The authority to...
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a doctor uses their skills to understand the disease and choose a best course of action for the patient to take, had been replaced by the informative model, one which centered around patient autonomy.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...
Everyone has the right to make his or her own decisions, health and care professionals must always assume an individual has the capacity to make their own decisions unless it’s proved otherwise through capacity assessment.
Who would you trust with your life? In the case of the Cruzan vs Missouri Department of Health the question comes into play, do parents have the ability to choose between life and death circumstances for their child? In Missouri on Jan. 11, 1983, as Nancy Beth drove home from her job at a cheese factory in Carthage, Mo. On that day she was in a really bad automobile accident. She had been in what doctors described as an beyond repair vegetative state. Her car tipped over and she had got ejected from the car, she was found in the ditch by paramedics and they tried to save her heart for fifteen minutes. Luckily people got there in time, but was it really in time to save her life. She was found face down in a ditch, and paramedics restarted her heart. But because she had stopped breathing for about 15 minutes, she suffered severe brain damage. The car accident was so bad it left her in a vegetative state and Missouri state hospital claimed she was brain dead. She was kept alive by machines, a feeding tube, and a respirator. The
We were able to attain a verbal consent for treatment over the phone from the father. We will be admitting your son to the hospital for IV antibiotics and we will keep an eye on him until he gets better. I respect your wishes and religious views, but I am obligated as a physician to provide treatment to your son based the medical code of ethics and based on your son’s otherwise good health. I know this has to be hard for you to hear and understand right now, but we need to do what is best for your son. And even if your son’s father would not have granted us permission to treat this condition, we would have had to go about it another way to get consent to treat him, as that is ethically the right thing to do. I hope you can find peace in the decision we had to make today, and I hope you can continue to support your son as he needs you by his side during this difficult time. If you have any questions, please do not hesitate to ask, we are here for you too, as well as your
Patients are ultimately responsible for their own health and wellbeing and should be held responsible for the consequences of their decisions and actions. All people have the right to refuse treatment even where refusal may result in harm to themselves or in their own death and providers are legally bound to respect their decision. If patients cannot decide for themselves, but have previously decided to refuse treatment while still competent, their decision is legally binding. Where a patient's views are not known, the doctor has a responsibility to make a decision, but should consult other healthcare professionals and people close to the patient.
...ing. Moreover, if a treatment has the possibility of curing a child, but is unproven, even parents (who are eager to prolong the life of their children but lack the technical expertise to properly assess the risks involved) are not permitted to consent to it. Furthermore, Munson proposes that the IRB should be required to include outside experts to assess risks and benefits of experimental treatments.15
A. A. The "Best Possible Child" Journal of Medical Ethics 33.5 (2007): 279-283. Web.
...dical emergency where there is not time to wait for court overruling, the staff is not legally obligated to obtain parental permission; in this case two consultants should make an entry in the patient’s chart that procedure or transfusion was necessary to save the patient’s life. As a consequence and overruling from the court system, the state withdraws parental decision in order to protect and promote health of the child (Effa-Heap, 2009).
Because the Missouri Supreme Court ruled against the removal of Nancy Cruzan’s artificial hydration and nutrition on the grounds that “clear and convincing” evidence of Nancy’s wishes was not provided, the Cruzan family appealed the decision to the United States Supreme Court arguing that Nancy was being deprived of her right to refuse medical treatment. The Supreme Court ruling affirmed that competent patients have the right to refuse unwanted medical treatment, but also noted that incompetent patients are not capable of exercising this right. Consequently, states may establish their own safe-guards to govern cases in which a substituted decision maker wishes to refuse treatment for an incompetent patient. This ruling therefore upheld the decision of Missouri’s Supreme Court.
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
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
The principle of autonomy states, that an individual’s decision must be respected in all cases, also an individual can act freely in accordance to their plan. For example, in a case where a patient and family demands to continue medical or surgical care and a physician want the patient to stop further treatment. In this case the patient’s choice will matter the most. According to the principle of autonomy it will be the patients and family choice whether to continue or discontinue treatment. The principle of beneficence which states, “one must promote good” comes into play in this case. In accordance to beneficence the patient will not benefit from the physicians responses personally. He/she will not benefit from harming her body with more surgeries. The patient will be going against the principle non-maleficence, which states that “one must cause no harm to an individual” by causing harm to herself. In this case the physician is justified in his/her actions by discontinuing medical or surgical care to the patient because it will not it her. These principles are what healthcare provider use to help and guide patients with the ...
It is the patient’s decision to have a treatment or not depending of the severity of the treatment and how it will affect the patient. The nurse ethical dilemma is whether respect the family’s idea of not informing the patient or following the law regarding the patient’s right of knowing the truth. It is known by the nurse that their responsibility is to protect the safety of the patient and that is why making the decision of telling the truth to the patient knowing that it will affect him/her makes it so difficult. It is imperative for the nurses to know the right of the family members in the patient’s
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 ...