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Attorneys and Counselors at Law |
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Health Care Law | |
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Introduction You have the right to make decisions about the health care you get now and in the future. An advance directive is a written statement you prepare about how you want your medical decisions to be made in the future, if you are no longer able to make them for yourself. A Do Not Resuscitate Order (DNR order) is a medical treatment order that says cardiopulmonary resuscitation (CPR) will not be used if your heart or breathing stops. Federal law requires that you be told of your right to make an advance directive when you are admitted to a health care facility. You may also ask your doctor about a Do-Not-Resuscitate Order (DNR order). A DNR order is a medical order stating that cardiopulmonary resuscitation (CPR) will not be started if your heart or breathing stops. The Health Care Power of Attorney Durable Power of Attorney for Health-Care lets you choose someone to make health care decisions for you in the future, if you are no longer able to make these decisions for yourself. Your agent would make health care decisions for you if you were no longer able to makes these decisions for yourself. So long as you are able to make these decisions, you will have the power to do so.
When medical care or treatment is provided, medical practitioners are required in many situations to obtain a patient’s “informed consent.” But what does this term mean? What can happen if proper informed consent is not given? A Definition Although the specific definition of informed consent may vary from state to state, it basically means that a physician (or other medical provider) must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient's written consent to proceed. The concept is based on the principle that a physician has a duty to disclose information to the patient so he or she can make a reasonable decision regarding treatment. The Role of the Physician Physicians themselves, rather than a representative, nurse, or other related health care professional, are the best choice to speak to the patient about informed consent. In discussing the matter with the patient, the physician should cover:
A physician should also ensure that patients understand what they're hearing. In fact, some hospitals now require physicians to participate in courses on communication skills. The patient or the patient’s legally authorized representative consenting to the treatment on the patient’s behalf, must sign and date the informed consent documents. The patient or the patient’s legally authorized representative must be given a copy of the informed consent documents once they are signed and dated, and a copy should be placed in the patient's file. The Role of the Patient Although a physician is required to inform a patient about benefits, risks, and alternative treatments, patients must also play a part in the informed consent process. Patients must listen to the physician and should ask questions of the physician if they do not understand, or if they would like more detailed information. Situations in Which Informed Consent May Not Be Necessary Situations Not Involving Medical Procedures or Treatment. Not all situations require that informed consent be given. For example, although listening to a heartbeat through a stethoscope may be considered a “treatment” or “procedure,” to some people (especially those who are uncomfortable in physician's offices), it is rare that a physician and patient would have a lengthy discussion about the benefits and risks of listening to a heartbeat using that device. In other situations, informed consent is an absolute necessity. For example, in any medical trials or experiments that receive federal funding, informed consent must be obtained from any human participant or subject. Emergency Situations: In emergency situations, there is not always time to obtain a patient's informed consent, nor is it always possible when the patient is unconscious or unable to communicate. Obtaining Consent from Incompetent Individuals and Minors When a competent adult seeks medical treatment, the process of obtaining informed consent may seem relatively easy. However, in situations where mentally disabled individuals or children need treatment, the ability to obtain informed consent becomes more difficult. In these situations, serious questions arise concerning who is able to give informed consent for those individuals. In most cases, a mentally disabled person has an appointed guardian authorized to make medical decisions, informed consent, for that individual. Medical providers need to make sure that when they obtain informed consent for incompetent individuals, they have obtained it from the correct person or persons. In most situations, parents can give informed consent for treatment for their minor children. A Living Will tells your doctor whether you want death-delaying procedures used if you have a terminal condition and are unable to state your wishes. A living will, unlike a health care power of attorney, only applies if you have a terminal condition. A terminal condition means an incurable and irreversible condition such that death is imminent and the application of any death delaying procedures serves only to prolong the dying process. Even if you sign a living will, food and water cannot be withdrawn if it would be the only cause of death. Also, if you are pregnant and doctors think you could have a live birth, your living will cannot go into effect. Mental Health Treatment Preference Declaration A mental health treatment preference declaration lets you say if you want to receive electroconvulsive treatment (ECT) or psychotropic medicine when you have a mental illness and are unable to make these decisions for yourself. It also allows you to say whether you wish to be admitted to a mental health facility for up to
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