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Essay of informed consent
Legal issues in nursing practice
Legal issues in nursing practice
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The purpose of this paper is to summarize the case of Theresa Marie “Terri” Shiavo and examine how a few simple steps prior to her injury would have prevented a 15-year medical legal battle between her family members and the courts. The case opened several doors for self interest groups and caused much controversy in both state and federal court rooms. Fortunately, much awareness about healthcare priorities has come from the case. There has been much more emphasis placed on the education and use of advance directives and other health care conversations and plans that should be made if a person becomes unable to make decisions regarding care and treatment. Personally, I think it’s kind of sad that documentation of a simple conversation could have gone a long way and saved a lot of time and anguish to Mrs. Shiavos’ family and herself. In 1990 Terry Shiavo was 26 years old when she suffered cardiac arrest …show more content…
ultimately due to an eating disorder. She fell into what doctors and specialist eventually determined was a permanent vegetative state. She was only being sustained through artificial nutrition via a gastrostomy tube. Terri’s husband and her family didn’t agree on what her care should be so eventually Florida, the state in which they reside, ruled that Terri’s husband was legal able to make medical decisions for her. The family still disagreed and pushed into higher and higher courts. Eventually, Mrs. Shiavo’s feeding tube was removed three times before she eventually died in 2005. Sometimes patients just don’t make great choices when it comes to their own medical care.
Especially when it comes to tough decisions and the person is very sick. Dr. Rebecca Dresser discusses her personal experience in a video where she admits that against medical advice she just didn’t make the greatest decisions for herself with delaying the use of a gastrostomy tube. She, unlike Mrs. Shiavo, was competent but not exactly compliant with her provider’s recommendations. Terri Shiavo had absolutely no way of making decisions for herself. The debate came about with who could legally make decisions about her medical care? Her family felt that she would or could improve over time with unproven treatments and wanted to keep her on artificial nutrition. Her husband briefly described having a conversation with her about the topic at some point in their marriage and didn’t feel like that was a way that Terri wanted to live. Who’s really to say who was making a good or bad decision but the problem was that Terri couldn’t make a bad decision for herself if she wanted
to. As unfortunate and exhausting as Terri’s case was, it could have been alleviated by a few simple steps before hand. The American Cancer Society defines an advance directive as a kind of legal document that tells the doctor you wishes about your health care. Invalid source specified. It basically simplifies the process for medical treatment if or when a person becomes unable to make decisions for themselves by detailing what methods can be used and how they will be cared for. It has nothing to do with control of money or property. The discussion that she had with her husband could have been drafted into one of two types of advance directives. A living will would have allowed Terri to spell out specifically what healthcare decisions she would have made in the event of terminal illness or like in her exact case, a persistent vegetative state. The problem with a living will that still may not have helped Mrs. Shiavo, is that different states have different laws regarding their use and validity. A durable power of attorney for health care or health care power of attorney, would have kept Mrs. Shiavo’s case from dragging out as long as it did. In this type of advance directive a proxy is appointed to make health care decisions if you become unable to Invalid source specified.. Most states have a form or format to follow but all states have rules about their validity and how they are used and what must be included. One of the best things about our culture today is that we have to decision to control out medical treatments as long as we are mentally about to do so (team T. A., 2016). Unfortunately it’s not easy to foresee or plan our futures. I’m sure that what happened to Theresa was unexpected and not what she would have wanted for her life. Sadly she’ll never be able to tell us but at least part of her legacy is her case and the events that where publicized. No matter how convoluted some of the details may be, anyone who was paying attention is now armed with the knowledge that steps can be taken to prevent that from happening to them.
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
In this summary the author Tanya Barrientos is explaining how hard it is be different. In the beginning of the summary Barrientos explained how people automatically assume that she is Latina. She grew up in an English-speaking world. Her parents are born and raised in Guatemala but she moved to the United States at the age of three. When her parents came to the United States of America they stopped speaking English immediately. Her parents wanted her to read, talk, and write only in English. She felt like she was the only one who needed to learn how to speak Latino, even though she looks like she can already. In the summary she went on saying that she was trying to fit in and become a regular person so other Latinas won’t judge her. All she
Three people can have the same condition, but only one will find the suffering unbearable. People suffer, but suffering is as much a function of the values of individuals as it is of the physical causes of that suffering. Inevitably in that circumstance, the doctor will in effect be treating the patient's values. To be responsible, the doctor would have to share those values. The doctor would have to decide, on her own, whether the patient's life was "no longer worth living."
The one example of this that I found most relevant in the book is the situation of Armando. Armando was shot and the bullet lodged in the spinal canal. It caused enough damage to make him a paraplegic, but not enough to kill him. The ethics committee had decided that it was best to encompass a DNR because he had no health insurance, and his quality of life was not what it was before. When the doctors went to approve this with Armando, he denied the DNR and said that he wanted what ever was necessary to be done to him to save his life (Belkin p. 58-59). This made Cindy worried for the cost of keeping him alive was substantial. All the doctors and caretakers believed that he should be placed under DNR, however that was not what Armando wanted. The doctors believed that was the wrong decision. This correlates to what the quote was from the book on page 70; doctors can tend to be narrow-minded when it comes to the care of a patient. They believe that their course of action is the best and do not agree if the patient wants something different. This I have found is also true in my own personal experience with doctors. For example, when I was about 17 my wisdom teeth were growing in. I was in terrible pan from two of my wisdom teeth being impacted. My
This ethical scenario presents an 86 year old female with numerous health issues and chronic illnesses. Mrs. Boswell’s advancing Alzheimer’s disease makes it extremely difficult to initiate dialysis, leading her physician to conclude a poor quality of life. The ethical dilemma portrayed in this case is between nonmaleficence and autonomy. Health care workers should focus on promoting the patient’s overall wellbeing and weigh the benefits and risks of the course of action, while also considering what the family declares they want done. Since the patient is deemed unable to make decisions, the goal is to collaborate with family, assess patient quality of life, address prognosis, and establish realistic care goals.
At first, I believed that a patient should have the say so and get what they demand. I didn’t feel sympathetic for the health care provider one bit. I was able to look through the eyes of a physician and see the trials that they have to go through. It is not easy making the decisions that they have to make. There job is based on decisions, and most of it is the patient’s. “There will certainly be times when I will be faced with a request from a patient or patient’s representative that I will personally find morally difficult, but one that is still legally and ethically acceptable. must be very difficult to work in an area with little control over what you want to do.” (Bradley 1). Even though I do not fully understand a health care providers everyday role, I do know that they are faced with painful options. I personally feel that I can not work in this field for that exact reason. Health care providers play an extremely important role in our society, and others need to look upon
In an effort to provide the standard of care for such a patient the treating physicians placed Ms. Quinlan on mechanical ventilation preserving her basic life function. Ms. Quinlan’s condition persisted in a vegetative state for an extended period of time creating the ethical dilemma of quality of life, the right to choose, the right to privacy, and the end of life decision. The Quilan family believed they had their daughter’s best interests and her own personal wishes with regard to end of life treatment. The case became complicated with regard to Karen’s long-term care from the perspective of the attending physicians, the medical community, the legal community local/state/federal case law and the catholic hospital tenants. The attending physicians believed their obligation was to preserve life but feared legal action both criminal and malpractice if they instituted end of life procedures. There was prior case law to provide guidance for legal resolution of this case. The catholic hospital in New Jersey, St. Clare’s, and Vatican stated this was going down a slippery slope to legalization of euthanasia. The case continued for 11 years and 2 months with gaining national attention. The resolution was obtained following Karen’s father being granted guardianship and ultimately made decisions on Karen’s behalf regarding future medical
A divergent set of issues and opinions involving medical care for the very seriously ill patient have dogged the bioethics community for decades. While sophisticated medical technology has allowed people to live longer, it has also caused protracted death, most often to the severe detriment of individuals and their families. Ira Byock, director of palliative medicine at Dartmouth-Hitchcock Medical Center, believes too many Americans are “dying badly.” In discussing this issue, he stated, “Families cannot imagine there could be anything worse than their loved one dying, but in fact, there are things worse.” “It’s having someone you love…suffering, dying connected to machines” (CBS News, 2014). In the not distant past, the knowledge, skills, and technology were simply not available to cure, much less prolong the deaths of gravely ill people. In addition to the ethical and moral dilemmas this presents, the costs of intensive treatment often do not realize appreciable benefits. However, cost alone should not determine when care becomes “futile” as this veers medicine into an even more dangerous ethical quagmire. While preserving life with the best possible care is always good medicine, the suffering and protracted deaths caused from the continued use of futile measures benefits no one. For this reason, the determination of futility should be a joint decision between the physician, the patient, and his or her surrogate.
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.
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.
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
Advance directives might have many guidelines for patient’s preferences with regard to any number of life-affecting, or end of life situations, such as chronic disease or accident resulting in traumatic injury. It can include directions for other health situations, such as short-term unconsciousness, impairment by Alzheimer disease or dementia. These guidelines may consider do-not- resuscitate (DNR) orders if the heart or breathing stops, tube-feeding, or organ and tissue donation. The directive might name a specific person, or proxy, to direct care or may be very general with only basic instructions given for treatment in time of the incapacitation of a patient. Some states say that if you do not have a written directive, a spoken directive is acceptable.
One of the many concerns is allowing incompetent individuals making this irreversible decision, which is why, “all have agreed that this end-of-life option should apply on to competent individual’s”(113). In addition, people opposed to this method argue that patients demanding this process are suffering from depression and not able to make decisions; yet, Rosenfled explains that practitioners most ensure that patients who consent to this medical intervention do it voluntarily, knowingly and
This is a fascinating case because it presents the distinction between a patient’s right to refuse treatment and a physician’s assistance with suicide. Legally, Diane possessed the right to refuse treatment, but she would have faced a debilitating, painful death, so the issue of treatment would be a moot point. It would be moot in the sense that Diane seemed to refuse treatment because the odds were low, even if she survived she would spend significant periods of time in the hospital and in pain, and if she didn’t survive she would spend her last days in the hospital. If Diane were to merely refuse treatment and nothing else (as the law prescribes) than she would not have been able to avoid the death which she so dearly wanted to avoid.
The case of Dr. Lowell and Mrs. Jackson revolves around a conflict between the doctor, who advocates the implementation of a particular treatment and the patient who disagrees with the doctor and wishes to do things her own way. The doctor feels that the suggested course of action is disastrous and threatens to have the patient declared mentally incompetent. The question now is whether or not the doctor is morally justified in taking action against the patient in order to implement the course of treatment she feels would be most effective. Is this an infringement on the autonomy of the patient or is the doctor morally obliged to do everything that he/she can possible do in order to restore the patient’s health even if that includes to go so far as to take this decision out of the hands of the patient?