Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Autonomy in patient's rights
Autonomy in patient's rights
What is autonomy in healthcare
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Autonomy in patient's rights
As defined by Baillie, Garrett, Garrett, and McGeehan, the health care formulation of the principle of autonomy states that “you shall not treat a patient without the informed consent of the patient or his or her lawful surrogate, except in narrowly defined emergencies” (Health Care Ethics: Principles and Problems, 2009, p.32). An abdominal aortic aneurysm is a very high-risk diagnosis, but is non-emergent unless the aortic wall ruptures. It may seem that the patient is assuming very illogical and risky behavior, but it is still her right as a patient to deny the surgery if she so chooses. Unfortunately, the physician’s actions cannot be justified in this case because although the diagnosis was an acute one, it was not yet emergent. The surgeon …show more content…
The prudent person rule tells the physician to disclose the information necessary towards making a decision to accept or deny treatment. This includes describing her diagnoses, the nature and purpose of their proposed surgery, evaluating with the patient the risks and consequences associated with their decision to refuse surgery, proposing the benefits to be expected if the procedure goes successfully, and if applicable to this situation, a valid prognosis if the surgery is still refused as well as the possible long-term costs associated with refusing treatment. The development of a relationship with the patient, although time is of the essence, comes with applying the subjective substantial disclosure rule, which tells the physician to “describe to the patient everything that would be material or important to the particular patient and not merely to a fictional reasonable and prudent person who makes the decision” (Baillie, Garrett, Garrett, McGeehan, Health Care Ethics: Principles and Problems, 2009,
American Medical Int’l, Inc. According to this theory, individuals’ decisions are guided by what they are supposed to do, not by consequences or effects. That is to say, a person’s action is ethically right if it coincides with a prevailing moral duty (“Deontological Ethics,” 2007). In the dilemma involving the patient Riser, Dr. Lang violated the theory of deontological ethics by not performing his duty of acquiring informed consent from the patient. By standard of conduct, Dr. Lang was supposed to present a consent form to Riser prior to the operation that would explain the procedure of a femoral arteriogram (although it was supposed to be bilateral arteriograms instead) and thoroughly explain the possible benefits and risks of the procedure. As a result, the patient should have the right to decide whether the femoral arteriogram should be performed or not. However, Riser was not aware of the femoral arteriogram at all. Therefore, deontological ethics should have been followed, which would advise Dr. Lang to follow the ethical duties of a healthcare professional, and those include obtaining informed consent from the
Truth in medicine is a big discussion among many medical professionals about how doctors handle the truth. Truth to a patient can be presented in many ways and different doctors have different ways of handling it. Many often believe that patient’s being fully aware of their health; such as a bad diagnosis, could lead to depression compared to not knowing the diagnosis. In today’s society doctor’s are expected to deliver patient’s the whole truth in order for patients to actively make their own health decisions. Shelly K. Schwartz discusses the truth in her essay, Is It Ever Ok to Lie to Patients?. Schwartz argument is that patients should be told the truth about their health and presented and addressed in a way most comfortable to the patient.
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.
Based on them, we can definitely eliminate options (c) and (d). Option (c) is against the principle of veracity and informed consent because the doctor was lying and hiding the information about the patient’s health that the patient was supposed to know. Option (d) is morally incorrect because the patient is lied to and the surgeon is not penalized. Option (b) does abide by the principle of veracity, but is against rationality because it sets negative example for the community that the doctors can be forgiven for their mistakes. Moreover, it does not abide by stewardship because the surgeon is taking advantage of being a doctor to conceal the truth. Consequently, the morally correct decision would be the option (a) because it abides by the principles of veracity and informed consent as the responsibility of disclosing the truth to the patient is fulfilled. Moreover, considering the rationality and stewardship, it will set an example for all the doctors that incomplete disclosure of information to the patient is unacceptable and the doctors should not take advantage of their importance in the
Dr. Nemur and Dr Strauss are arguing about whether or not they should use Charlie,“Dr Nemur was worried about using me but Dr. Strauss told him Miss Kinnian recommended me the best from all the people who she was teaching”. This shows that Ms Kinnian recommended Charlie and most likely reviewed the surgery. Ms.Kinnian cares for Charlie, so would not recommend him without looking into the surgery. What this argument fails to consider is the fact that Ms. Kinnian was the only one that reviewed it. There was no other person allowed. Dr. Nemur even specifically told Charlie not to tell anyone, “ Joe Carp said hey look where Charlie had his operation what did they do Charlie put some brains in. I was going to tell him, but I remembered Dr. Strauss said no”. This goes to show how little people are allowed to know about the operation. Even the friend of the patient is not allowed to know. This is no ethical because then people that care are then not allowed to give their review on the subject. Therefore there may not be a proper amount of people that is needed for a proper
Autonomy is an important ethical principal that should be considered with great attention, especially with the limitation of personal autonomy one finds in hospitals. Burkhardt (2008) and Nathaniel define autonomy as self-governing and describe it as including four elements, the ability to determine personal goals, decide on a plan of action, to be respected, and to have freedom to act on choices. In John’s situation, his vulnerability in contrast to the power that the health care professionals hold over him put all four of these elements into jeopardy. Since his advance directive and his current choices differ, the matter of respec...
...ns. Patients should not be so medically ill that they are unable to make this decision. Patients should be fully conscious and understand the implications of their decision. Everything should be documented possibly even videotaped that way the doctor doesn’t lose their job, receive a lawsuit or worst jail!
The medical Profession recognizes that patients have a number of basic rights. These include but are not limited to the following: the right to reasonable response to his or her requests and need and needs for treatment within the hospital's capacity. The right to considerate, respectful care focused on the patient's individual needs. The right of the patient to make health care decisions, including the right to refuse treatment. The right to formulate advance directives. The right to be provided with information regarding treatment that enables the patient to make treatment decisions that reflect his or her wishes. The right to be provided upon admission to a health care facility with information about the health care provider's policies regarding advance directives, patient rights, and patient complaints. The right to participate in ethical decision making that may arise in the course of treatment. The right to be notified of any medical research or educational projects that may affect the patient's care. The right to privacy and confid...
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
In “Should Doctors Tell the Truth?” Joseph Collins argues for paternalistic deception, declaring that it is permissible for physicians to deceive their patients when it is in their best interests. Collins considers his argument from a “pragmatic” standpoint, rather than a moral one, and uses his experience with the sick to justify paternalistic deception. Collins argues that in his years of practicing, he has encountered four types of patients who want to know the truth: those that want to know so they know how much time they have left, those who do not want to know and may suffer if told the truth, those who are incapable of hearing the truth, and those who do not have a serious diagnosis (605). Collins follows with the assertion that the more serious the condition is, the less likely the patient is to seek information about their health (606).
The provision states, “Respect for human dignity requires the recognition of specific patient rights, particularly, the right of self -determination. Self -determination, also known as autonomy, is the philosophical basis for informed consent in health care. Patients have the moral and legal right to determine what will be done with their own person; to be given accurate, complete, and understandable information in a manner that facilitates an informed judgement; to be assisted with weighing the benefits, burdens, and available options in their treatment, including the choice of no treatment; to accept, refuse, or terminate treatment without deceit, undue influence, duress, coercion, or penalty; and to be given necessary support throughout the decision-making and treatment process (nursingworld.org)”. Ms. Rogers cannot even get to this point because of the resident refusal to treat her. There could many things going on with her. She could have pancreatitis, gallbladder issues or many other diagnosis related to her abdominal pain. She won’t know until a physician does a full workup on her. She obviously wants to be seen or else she wouldn’t have come to the ER. She knows something is not right is she is staggering in the hospital. She has rights as a patient to be seen by a physician. I think is the resident doesn’t want to evaluate her then the ER nurse needs report that person and go find another physician to do the job. I would also talk to the house supervisor about the situation so it could be reported to administration. Doctors go into medicine to help all people, not to pick and choose who they want to
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 ...
...cal practice. Overall, physicians should not assume what they believe is best for their patients and should be truthful in relaying news about medical conditions, even though the diagnoses may be grave. Though the situation may look bleak, doctors need to take up the responsibility to be honest with their patients in order to honor the principle of respect for autonomy, and yet be beneficent by presenting a sense of realistic hope that treatment will succeed so that they will not easily give up on their chance of living. Only when there is a life-or-death emergency where there little time for the physician to react in both an autonomous and beneficent manner is when benevolent deception can be justified. In any other circumstances, the use of benevolent deception presents too many dangerous consequences that can negatively affect patients in a most devastating way.
One strong argument here is during the times of terminal illness. It is natural for the healthcare team to discuss information with the family in terms of how the patient is doing. In such time like responding to an inquiring spouse, the requirements of confidentiality are difficult to achieve. Generally, it is unethically and unjustifiable to discuss any information without the permission of the patient. Nevertheless, it is still the obligation of the patient to inform the spouse about the status of health and any information related to the diagnosis.
The writer discusses a situation of the doctor failing to disclose the nature of important medical condition which can jeopardize several of the patient’s family members and puts the doctor at odds with them. The problem is also discussed by Sutrop (2011) who show how protecting the patient’s confidentiality and self- decision capacity has actually caused severe hindrances to the field of scientific development and research.