Who Can Let You Die?

Author(s):  
M. Anne Bolton

ABSTRACTAging with grace and confidence would, for most people, be facilitated by the assurance that life would conclude with dignity. Unfortunately, such assurance is not available, especially if diminished competence does not allow the expression of a refusal to the continued administration of medical treatment. Health care professionals maintaining mentally incompetent patients on life supports should be aware of the legal risks of terminating treatment without valid informed consent. Yet who can give such consent? Does our law provide any guidance?This paper will examine the Canadian legal realities of obtaining valid informed consent to cessation of medical treatment for the terminally or chronically ill. References will be made to The Canadian Charter of Rights and Freedoms and the leading American jurisprudence.

2007 ◽  
Vol 6 (4) ◽  
pp. 201-209 ◽  
Author(s):  
Niamh Gargan ◽  
Janette Chianese

AbstractInformed consent is a fundamental principle of health care ethics. All patients should have equal opportunities in accessing information to help them make informed decisions about their treatments.Literature on informed consent, translators in health care, non-English-speaking patients and the importance of communication and information, most specifically in radiotherapy, were reviewed. Western studies published between 1995 and 2005 were accessed and filtered though two eligibility screens and a critique framework to assess quality.The evidence suggested that many non-English-speaking patients are not in a position to give true informed consent due to lack of interpreters. This may lead to health care professionals giving treatment without full consent. Written information for radiotherapy patients was often only available in English, apart from inner city areas.There appears to be a scarcity of professional interpreters used in the health care setting; the most common practice is to use family members and friends to interpret. This practice results in breach of patient confidentiality, extra pressure on family members and filtration of information.This patient group is often excluded from certain treatment opportunities such as clinical trials. Ideally, a fully accessible professional interpreting service should be available to allow non-English patients equal rights in accessing appropriate health care options and treatments.


2018 ◽  
Vol 94 (1113) ◽  
pp. 411-414
Author(s):  
Zachary R Paterick ◽  
Nachiket J Patel ◽  
Timothy Edward Paterick

On-call physicians encounter a diverse aggregate of interfaces with sundry persons concerning patient care that may surface potential legal peril. The duties and obligations of an on-call physician, who must act as a fiduciary to all patients, create a myriad of circumstances where there is a risk of falling prey to legal ambiguities. The understanding of the doctor–patient relationship, the obligations of physicians under the Emergency Medical Treatment and Labor Act, the meaning of medical informed consent and the elements of negligence will help physicians avoid the legal risk associated with the various encounters of being on call. After introducing the legal concepts, we will explore the interactions that may put physicians at legal risk and outline how to mitigate that risk. Being on call is time consuming and arduous. While on call, physicians have a duty to act morally and ethically in the best interest of the patients.


2018 ◽  
Vol 8 (6) ◽  
pp. 342-350
Author(s):  
Bathala Anitha ◽  
S Malavika ◽  
B Kumar ◽  
Yerikala Ramesh

During pregnancy several drugs are having contraindication, hence their use is less and dangerous to mother along with fetus .Drugs play an important role in improving the health and promoting well-being. However to produce desired effect, they have to be safe, efficacious and have to be used rationally. During pregnancy medication is less preferred but in some times cannot be escaped to treat the ailments in mother. Avoiding medications may be desirable, it is often not possible and may be dangerous because some women enter pregnancy medical conditions that require continuous and episodic treatment (e.g. asthma, hypertension, epilepsy). So here we discussed the medication that can be used safely during pregnancy along with unsafe and highly contraindicated for both mother and fetus. Certain drugs given during pregnancy may prove harmful to unborn child is one of the classical problem in the medical treatment. The main purpose of this review is to prepare a list of safe medications which can be taken during pregnancy with unsafe and highly contraindicated drugs. And also a quick reference for health care professionals. Keyboard: Current, Pregnancy, Drugs, Fetus


2019 ◽  
Vol 3 (1) ◽  
pp. 103
Author(s):  
Inge Hartini

Emergency Room (ER) is specific department in the hospital with specific problem too. A true emergency is any condition clinically determined to require immediate medical care. Government has regulation if every health facility must give health care without money deposit and every invasive medical treatment need informed consent.Together, this condition sometimes made unsatisfaction for patient and his family. How applied informed consent, if unconscious patient came without his/her family ? Who must make decision for treatment ?


2021 ◽  
Vol 9 ◽  
Author(s):  
Evelien De Sutter ◽  
Birte Coopmans ◽  
Femke Vanendert ◽  
Marc Dooms ◽  
Karel Allegaert ◽  
...  

Background: Currently, many initiatives are devoted to optimizing informed consent for participation in clinical research. Due to the digital transformation in health care, a shift toward electronic informed consent (eIC) has been fostered. However, empirical evidence on how to implement eIC in clinical research involving neonates is lacking.Methods: Semi-structured interviews were conducted with 31 health care professionals active in Belgium or the Netherlands. All health care professionals had experience in conducting clinical research involving neonates. Interviews were audio-recorded, transcribed and analyzed using the framework method.Results: Interviewees generally supported the use of eIC in clinical research involving neonates. For example, eIC could enable parents to receive study feedback via the eIC system. Requirements were expressed for parental involvement to decide on which feedback would be appropriate to return. Moreover, experts specialized in presenting information and designing electronic systems should be involved. Broad consensus among health care professionals indicates that the face-to-face-interaction between parents and the research team is vital to establish a relationship of trust. Therefore, it is necessary that the use of eIC runs alongside personal interactions with the parents. Concerns were raised about the accessibility of eIC to parents. For this reason, it was suggested that parents should always be given the possibility to read and sign a paper-based informed consent form or to use eIC.Conclusions: Health care professionals' views indicate that the use of eIC in clinical research with neonates may offer various opportunities. Further development and implementation will require a multi-stakeholder approach.


Criminologie ◽  
2005 ◽  
Vol 21 (2) ◽  
pp. 13-25 ◽  
Author(s):  
Gerry Ferguson

Laws concerning prisoners and the psychiatric treatment of prisoners are neither clear, comprehensive nor readily accessible to those affected. Several factors which contribute to this state of «lawlessness» are examined. While the enacte-ment of the Canadian Charter of Rights and Freedoms has probably increased prisoners' rights to treatment, this right has not as yet been tested before the courts, nor has it's meaning been clearly defined. Prisoners' rights to refuse treatment are discussed, as well as the differing criteria for involuntary treatment laid out by the provincial mental health acts. Finally, the legal liability of health care professionals who treat, or fail to treat, accused or convicted offenders is addressed.


Author(s):  
Ena Lindhart Thomsen ◽  
Pernille Grarup Hertz ◽  
Charlotte Blix ◽  
Kirsten A. Boisen

AbstractObjectivesSignificant variation in cultural and socio-economic factors across different countries means that modification of existing guidelines for youth-friendly health services are needed. Furthermore, including the views and perspectives of young people in developing health services add significant value. The aim of this study was to develop a national guideline for youth-friendly health services using the Delphi method.MethodsWe invited young people with chronic conditions, managers of paediatric, psychiatric and relevant adult departments and health care professionals with experience and interest in adolescent medicine to participate. The initial list of elements was constructed based on international guidelines and systematic reviews. The study consisted of three electronic questionnaire rounds assessing relevance, importance and whether the elements were essential/very important, respectively. We used 70% agreement as cut-off.ResultsMore than 70% of participants agreed that only one element was essential: ‘Young people should be actively involved in decisions about their treatment and encouraged and supported to ask questions about their illness and treatment’. Additionally, 18 elements reached more than 70% agreement, when the ‘essential’ was combined with the ‘very important’ category. We grouped these 19 elements into five themes: 1) staff competences and workflow, 2) developmentally appropriate communication, 3) focus on youth life, including mental health 4) youth participation and shared decisions, and 5) autonomy and transitional care.ConclusionThis guideline for a youth-friendly health care system may serve as inspiration for concrete changes, both locally and internationally, as it was developed together by young people, staff, and management.


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