When patients in need explicitly refuse life-sustaining emergency treatment, the physician must choose between the undesirable options of forgoing beneficial treatment and forcing treatment on a competent but unwilling patient, both of which have potential ethical and legal consequences.
Can a patient refuse life-sustaining medical treatment?
In the end, the patient has the right to accept or refuse life-sustaining medical treatment. After a competent patient chooses to forego a life-sustaining treatment or procedure, the healthcare team is faced with only one option: We must support the wishes of the patient that will ultimately result in his or her death.
What is the right to refuse life saving treatment?
Right To Refuse Lifesaving Treatment. Under such circumstances, the patient’s right to refuse or terminate life-sustaining treatment would override competing state interests in preserving life and the exercise of the right would not amount to suicide.
What is an example of a right to refuse care?
A mentally ill patient who poses a physical threat to himself or others is another example. Most patients in the United States have a right to refuse care if the treatment is being recommended for a non-life-threatening illness.
Can you refuse treatment if you are mentally ill?
A mentally ill patient is another example of a patient that cannot refuse treatment if the person poses a physical threat to himself or others. Most patients in the United States have a right to refuse care if the treatment is being recommended for a non-life-threatening illness. You have probably made this choice without even realizing it.
What is it called when a patient refuses treatment?
Informed refusal is where a person has refused a recommended medical treatment based upon an understanding of the facts and implications of not following the treatment. Informed refusal is linked to the informed consent process, as a patient has a right to consent, but also may choose to refuse.
Is a patient allowed to refuse treatment?
Every competent adult has the right to refuse unwanted medical treatment. This is part of the right of every individual to choose what will be done to their own body, and it applies even when refusing treatment means that the person may die.
Does a patient have the right to refuse a life saving procedure?
Under federal law, the Patient Self-Determination Act (PSDA) guarantees the right to refuse life sustaining treatment at the end of life.
Can patients refuse treatment even if it means death?
Courts have upheld the right of patients to choose their own medical treatment, even when their decisions may lead to health impairment or death. The right to refuse medical treatment can only be overridden when a patient is deemed by a court to be lacking in decisional capacity.
What 3 elements must a patient demonstrate in order for a refusal to be lawful?
3) In order for a patient to refuse treatment and/or transportation two events must occur to protect both the patient and yourself: 1) You must give the patient enough information about the decision Page 2 2 they are making so that there is an informed consent, and; 2) You must be satisfied that the patient has ...
Why is refusal of treatment an ethical dilemma?
In general, ethical tension exists when a physician's obligation to promote a patient's best interests competes with the physician's obligation to respect the patient's autonomy. “When you don't take your medication, you're more likely to get sick.”
What should a doctor do if a patient refuses life saving treatment for religious reasons?
Three physician experts suggest that to discern when to accommodate a patient's refusal of treatment on religious grounds, doctors should embrace medicine's traditional orientation toward preserving and restoring health.
Why do some patients refuse treatment?
Explore Reasons Behind Refusal Patients may refuse treatments for many reasons, including financial concerns, fear, misinformation, and personal values and beliefs. Exploring these reasons with the patient may reveal a solution or a different approach.
When treatment over a patient's objection would be appropriate?
KP: A simple example of when treatment over a patient’s objection would be appropriate is if a psychotic patient who had a life-threatening, easily treatable infection was refusing antibiotics for irrational reasons. Treatment would save the patient’s life without posing significant risk to the patient.
What are the first few questions in a treatment plan?
The first few questions consider the imminence and severity of the harm expected to occur by doing nothing as well as the risks, benefits, and likelihood of a successful outcome with the proposed intervention. Other questions consider the psychosocial aspects of this decision—how will the patient feel about being coerced into treatment? What is the patient’s reason for refusing treatment? The last question concerns the logistics of treating over objection: Will the patient be able to comply with treatment, such as taking multiple medications on a daily basis or undergoing frequent kidney dialysis?
Is there anything out there to help health care professionals approach the problem of delivering medical treatment against the wishes of patients?
And there are fairly clear policies and laws concerning the ethics and legality of delivering psychiatric care to patients who refuse it. But there is nothing out there to help health care professionals approach the problem of delivering medical treatment against the wishes of patients who lack decisional capacity.
Can you force dialysis on a patient who resists?
As Dr. Rubin stated, one cannot force three times weekly dialysis sessions on a resistant patient even if it means that the patient will die without the treatment.
What does the court consider when deciding an individual's right to refuse lifesaving treatment?
The courts, in deciding an individual’s right to refuse lifesaving treatment, even if there is a possibility of a cure, consider the competency of the individual as to whether an individual has knowingly and validly chosen such a right, and whether there is a compelling state interest that justifies overriding the individual’s decision.
What is the right to refuse medical treatment?
In re L.H.R., 253 Ga. 439 (Ga. 1984), the court stated that a competent adult patient has the right to refuse medical treatment in the absence of conflicting state interest and such a right rises to the level of a constitutional right which is not lost because of the incompetence or youth of the patient. However, the doctrine that every human being of adult years and sound mind has a right to determine what shall be done to his own body was reiterated in Cruzan v. Dir., Mo. Dep’t of Health, 497 U.S. 261, 269 (U.S. 1990).
What is the mootness doctrine in People v. Brown?
App. 3d 159 (Ill. App. Ct. 1st Dist. 1997), the court held that the State could not override the patient’s competent refusal of treatment decision to save the life of her fetus. The court found that (1) the case satisfied the public policy of the state mootness doctrine, (2) a blood transfusion was an invasive medical procedure, (3) being a competent adult, the patient had an absolute right to refuse medical treatment, (4) religious objections to treatment were constitutionally protected, (5) the State’s interest in the preservation of life, the prevention of suicide, the protection of third parties, and the ethical integrity of the medical profession did not override the patient’s decision to refuse lifesaving treatment.
What should a physician do in an emergency situation?
However, a physician should respect the refusal of treatment from a patient who during the emergency situation is capable of providing consent.
What is the significance of Powell v. Columbian Presbyterian Medical Center?
2d 215 (N.Y. Sup. Ct. 1965), it was found that the court authorized blood transfusions for a member of Jehovah’s Witnesses who was in a critical state and had refused pleas of her husband and family and hospital staff that she sign authorization for blood transfusions. Nevertheless, while considering the state’s interest in preserving life in blood transfusion cases that can cure the patient’s condition, the court should examine the facts that blood transfusions are not without risk and can result in adverse complications affecting the patient due to impure blood transfusion.
Can a patient refuse life-sustaining treatment?
The competent adults irreversibly sustained by artificial life support and enduring physical and mental pain and suffering had the right to terminate treatment. Under such circumstances, the patient’s right to refuse or terminate life-sustaining treatment would override competing state interests in preserving life and the exercise of the right would not amount to suicide.
Can a religious person refuse medical treatment?
In a majority of cases, courts have upheld the right of an adult to refuse potentially life–saving medical treatment on religious grounds, unless the individual is (1) mentally incompetent, (2) the parent and sole provider of young children, or (3) a pregnant woman. Where there are minor children dependent upon the survival of the patient, the medical control of one’s body is relative. Therefore, the need of protection of innocent third parties arises and where there are such minor children dependent on the patient, the court will not recognize the patient’s right to refuse medical treatment even when there is a hope for cure. But, if the court finds that the interest of the child is not affected and the child will be adequately cared for both financially and emotionally, then the court will not order any such lifesaving treatment. The court acts according to the state’s interest in protecting children when the lives and health of unborn children is threatened by their mother’s decisions.
How to help a patient who refuses life-sustaining treatment?
Be consciously aware not to impose your values or beliefs onto your patient who refuses life-sustaining treatment. Allow the patient to make the end-of-life care choices that reflect his or her values and beliefs so that quality of life can be optimized. As nurses, our goal is not only to promote our patients' health, but also enhance the remaining time that our critically and terminally ill patients have with their family and loved ones.
What does it mean to refuse medical treatment?
The term competent means the patient understands that refusing to accept treatment will result in eventual death. Some patients may elect to refuse specific medical treatments, such as blood transfusions, because of religious beliefs, but will accept synthetic blood plasma expanders that aren't made of donor blood.
Why do some people refuse blood transfusions?
Some patients may elect to refuse specific medical treatments, such as blood transfusions, because of religious beliefs, but will accept synthetic blood plasma expanders that aren't made of donor blood. When a patient refuses initial life-sustaining treatment, respectfully explore the underlying reason for the refusal.
What ethical dilemmas can a nurse face?
A: One of the greatest ethical dilemmas a nurse can encounter is when a patient refuses life-sustaining treatment—any procedure, medication, intervention, or use of medical technology that can postpone death. As healthcare providers, we're instilled with the primary objective to save lives. However, when treatment options are aimed ...
Can medical technology prolong life?
Medical technology can potentially allow the prolonging of a patient's life. However, these treatments carry risks and may also cause the patient physical, spiritual, or emotional pain. Many patients state that they would prefer their remaining life to be filled with family, friends, and enjoyable activities.
Is it illegal to forgo a life-sustaining procedure?
After a competent patient chooses to forego a life-sustaining treatment or procedure, the healthcare team is faced with only one option: We must support the wishes of the patient that will ultimately result in his or her death. Forcing treatment on a patient without his or her informed consent is illegal. Ensure that the risks and benefits of all treatment options are discussed with the patient so that he or she can make an informed decision that reflects his or her values and beliefs.
Is it illegal to force a patient to take medication without their consent?
Forcing treatment on a patient without his or her informed consent is illegal . Ensure that the risks and benefits of all treatment options are discussed with the patient so that he or she can make an informed decision that reflects his or her values and beliefs.
