Bioethics and the Law: The Case of Helga Wanglie: A Clash at the Bedside— Medically Futile Treatment v. Patient Autonomy

Who Decides? ◽  
2020 ◽  
pp. 315-342
Author(s):  
David C. Blake ◽  
Larry Maldonado ◽  
Robyn A. Meinhardt
Keyword(s):  
Patient Autonomy ◽  
Futile Treatment ◽  
The Law

The Patient Self-Determination Act: A Legal Solution for a Moral Dilemma

1992 ◽  
Vol 1 (1) ◽  
pp. 75-79 ◽  
Author(s):  
Jos V. M. Welie
Keyword(s):  
Decision Making ◽  
Advance Directive ◽  
Patient Autonomy ◽  
Moral Dilemma ◽  
Work Load ◽  
Professional Autonomy ◽  
Self Determination ◽  
The Law ◽  
Patient Self Determination Act

The Patient Self-Determination Act is a fact. Finally, respect for patient autonomy has been guaranteed. At first sight, there seems little reason to object to any measure that intends to increase the autonomy of the patient. Too long, one may argue, physicians have behaved paternalistically; too often, they have been advised to change this habit. If the profession of medicine is unwilling or simply unable to grant the patient the decision-making power that is her due, the law has to step in. One may add, this law in no way hinders professional autonomy; by requiring a hospital official to provide the patient with information about advance directive, the law actually reduces the work load of the physician, who is already overburdened.

scholarly journals Futility and the Law: Knowledge, Practice and Attitudes of Doctors in End Of Life Care

2016 ◽  
Vol 16 (1) ◽  
pp. 55 ◽  
Author(s):  
Lindy Willmott ◽  
Ben White ◽  
Eliana Close ◽  
Cindy Gallois ◽  
Parker Malcolm ◽  
...  
Keyword(s):  
End Of Life ◽  
End Of Life Care ◽  
Life Care ◽  
Financial Cost ◽  
Potential Harm ◽  
Poor Knowledge ◽  
Legal Obligations ◽  
Futile Treatment ◽  
Knowledge Practice ◽  
The Law

<p><em>Despite the potential harm to patients (and others) and the financial cost of providing futile treatment at the end of life, this practice occurs. This article reports on empirical research undertaken in Queensland that explores doctors’ perceptions about the law that governs futile treatment at the end of life, and the role it plays in medical practice. The findings reveal that doctors have poor knowledge of their legal obligations and powers when making decisions about withholding or withdrawing futile treatment at the end of life; their attitudes towards the law were largely negative; and the law affected their clinical practice and had or would cause them to provide futile treatment.  </em></p>

Ethical and Legal Issues

2021 ◽  
pp. 442-454
Author(s):  
Bonnie K. Cole-Gifford ◽  
Kathlyn F. Wohlrabe
Keyword(s):  
Informed Consent ◽  
Physician Assistant ◽  
Legal Issues ◽  
Ethical Principles ◽  
Patient Encounter ◽  
Ethical Aspects ◽  
Advanced Directives ◽  
Futile Treatment ◽  
Ethical And Legal Issues ◽  
The Law

The sections of this chapter discuss both evaluation and management of legal and ethical aspects of the physician assistant (PA) profession, taking into consideration that the PA practice flows out of an interconnected relationship between the PA, the physician, and the patient. PAs are called to fulfill not only the law when practicing but also rise to uphold ethical principles. There are a variety of situations a provider can encounter throughout a career. Some topics are present in every patient encounter, such as confidentiality and informed consent. Some topics may only be present in certain cases, such as advanced directives and futile treatment. Nevertheless, the provider should be knowledgeable about each of these legal and ethical situations and understand the evaluation and management of them.

Beyond Canterbury: Can Medicine and Law Agree about Informed Consent? And Does It Matter?

2017 ◽  
Vol 45 (1) ◽  
pp. 106-111 ◽  
Author(s):  
Marc D. Ginsberg
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Patient Autonomy ◽  
The Law

Informed consent is central to the law of the physicianpatient relationship, respecting patient autonomy. This paper addresses a conflict between law and medicine in defining informed consent. Additionally, it addresses the possibility that patients prefer not to be “informed“ and would defer decision-making to their physicians.

scholarly journals The Moral Case for the Legislation of Voluntary Euthanasia

1998 ◽  
Vol 28 (1) ◽  
pp. 207 ◽  
Author(s):  
Graham Oddie
Keyword(s):  
Medical Practice ◽  
Patient Autonomy ◽  
Current Medical ◽  
Voluntary Euthanasia ◽  
Right To Die ◽  
Strong Case ◽  
Moral Case ◽  
Current Medical Practice ◽  
The Law ◽  
The Right

If a person is suffering from some illness or disability and wishes to end their We the lawought to facilitate rather than frustrate that choice argues Graham Oddie in this article. Hepoints out the inconsistencies in current medical practice, and the gross disparity between the practice and the letter of the law. In dismissing many of the commonly raised objections to calls for reform of the law permitting euthanasia he makes a strong case for consistency in our approach to the right to die and patient autonomy.

Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper
Keyword(s):  
Ethical Challenges ◽  
Speech Language Pathology ◽  
Thickened Liquids ◽  
Communication Breakdown ◽  
Professional Duty ◽  
Language Pathology ◽  
The Law ◽  
Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

Issues of Capacity and Decision-Making in the Context of Delirium

2015 ◽  
Vol 24 (4) ◽  
pp. 140-145
Author(s):  
Kevin R. Patterson
Keyword(s):  
Decision Making ◽  
Patient Autonomy ◽  
Care Setting ◽  
Cognitive Change ◽  
Treatment Team ◽  
Precipitating Factors ◽  
Term Care ◽  
Decision Making Capacity ◽  
Fundamental Consideration

Decision-making capacity is a fundamental consideration in working with patients in a clinical setting. One of the most common conditions affecting decision-making capacity in patients in the inpatient or long-term care setting is a form of acute, transient cognitive change known as delirium. A thorough understanding of delirium — how it can present, its predisposing and precipitating factors, and how it can be managed — will improve a speech-language pathologist's (SLPs) ability to make treatment recommendations, and to advise the treatment team on issues related to communication and patient autonomy.

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