Autonomy And Self-Determination Essay

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Common law dictates that individuals possess autonomy and self-determination, which encompasses the right to accept or refuse medical treatment. Management of medical treatment can be complicated when the patient’s ability to make reasonable decisions is called into question. Our legal system endorses the principle that all persons are competent to make reasoned decisions unless demonstrated otherwise in a court of law. The capacity to make one’s own decisions is fundamental to the ethical principle of respect for autonomy and is a key component of informed consent to medical treatment (Karlawish, 2016). Determining whether an individual has adequate capacity to make decisions is, therefore, an inherent aspect of all clinician-patient interactions. This paper will discuss the laws that govern the competent patient’s right to choose, the determination of an incompetent patient and decision-making on their behalf, as well as the Long-Term Care Ombudsman Program federally mandated by the Older Americans Act.
Self-Determination Laws
In 1990, the 101st Congress passed legislation requiring healthcare agencies to ensure that patients receive information about their legal right to make informed decisions related to their personal health. The law requires that patients be given the knowledge and tools needed to …show more content…

Those elements include: a) full disclosure of the risks, benefits, and alternatives; b) the patient is capable of understanding; and, c) the patient is not coerced in the decision-making process (Buppert, 2012). When a patient lacks capacity to exercise executive functions for managing their own health or other affairs, the court system may be needed to appoint a legal guardian or conservator who will honor the patient’s wishes in the least restrictive way (Jett,

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