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Author: Robert S. Olick Publisher: Georgetown University Press ISBN: 9781589014176 Category : Medical Languages : en Pages : 252
Book Description
In the quarter century since the landmark Karen Ann Quinlan case, an ethical, legal, and societal consensus supporting patients' rights to refuse life-sustaining treatment has become a cornerstone of bioethics. Patients now legally can write advance directives to govern their treatment decisions at a time of future incapacity, yet in clinical practice their wishes often are ignored. Examining the tension between incompetent patients' prior wishes and their current best interests as well as other challenges to advance directives, Robert S. Olick offers a comprehensive argument for favoring advance instructions during the dying process. He clarifies widespread confusion about the moral and legal weight of advance directives, and he prescribes changes in law, policy, and practice that would not only ensure that directives count in the care of the dying but also would define narrow instances when directives should not be followed. Olick also presents and develops an original theory of prospective autonomy that recasts and strengthens patient and family control. While focusing largely on philosophical issues the book devotes substantial attention to legal and policy questions and includes case studies throughout. An important resource for medical ethicists, lawyers, physicians, nurses, health care professionals, and patients' rights advocates, it champions the practical, ethical, and humane duty of taking advance directives seriously where it matters most-at the bedside of dying patients.
Author: Robert S. Olick Publisher: Georgetown University Press ISBN: 9781589014176 Category : Medical Languages : en Pages : 252
Book Description
In the quarter century since the landmark Karen Ann Quinlan case, an ethical, legal, and societal consensus supporting patients' rights to refuse life-sustaining treatment has become a cornerstone of bioethics. Patients now legally can write advance directives to govern their treatment decisions at a time of future incapacity, yet in clinical practice their wishes often are ignored. Examining the tension between incompetent patients' prior wishes and their current best interests as well as other challenges to advance directives, Robert S. Olick offers a comprehensive argument for favoring advance instructions during the dying process. He clarifies widespread confusion about the moral and legal weight of advance directives, and he prescribes changes in law, policy, and practice that would not only ensure that directives count in the care of the dying but also would define narrow instances when directives should not be followed. Olick also presents and develops an original theory of prospective autonomy that recasts and strengthens patient and family control. While focusing largely on philosophical issues the book devotes substantial attention to legal and policy questions and includes case studies throughout. An important resource for medical ethicists, lawyers, physicians, nurses, health care professionals, and patients' rights advocates, it champions the practical, ethical, and humane duty of taking advance directives seriously where it matters most-at the bedside of dying patients.
Author: Peter Lack Publisher: Springer Science & Business Media ISBN: 9400773773 Category : Medical Languages : en Pages : 213
Book Description
This volume gives an overview on the currently debated ethical issues regarding advance directives from an international perspective. It focuses on a wider understanding of the known and widely accepted concept of patient self-determination for future situations. Although advance directives have been widely discussed since the 1980s, the ethical bases of advance directives still remain a matter of heated debates. The book aims to contribute to these controversial debates by integrating fundamental ethical issues on advance directives with practical matters of their implementation. Cultural, national and professional differences in how advance directives are understood by health care professions and by patients, as well as in laws and regulations, are pinpointed.
Author: N.M. King Publisher: Springer Science & Business Media ISBN: 9401133808 Category : Philosophy Languages : en Pages : 215
Book Description
The first time I read the medical consent and authorization. it had registered in my mind simply as a legal document. Now I began to understand what it meant. It was a letter of ultimate love and trust. (Schucking. 1985. p. 268) Ever since Karen Ann Quinlan slipped into permanent unconsciousness in 1975 and her father agonized publicly over whether she should remain indefinitely on a respirator (In re Quinlan, 1976), the desires of patients, their families, and their friends to limit the application of apparently limitless medical technology have been a pressing concern for ethics, law, and public policy. Ms. Quinlan's case contained nearly all the elements of the problems we still face: vague, general, but sincere prior oral statements suggesting that she would not want continued treatment; a family attempting to do what they saw as best for her; and physicians uncertain whether to use medical judgment alone (and if so, what the "right" medical decision was), to preserve her life at all costs, or to honor the family's interpretation of their daughter's choice. Most ironically, once she was removed from her respirator, she did not die. Karen Quinlan - like dozens of other names made famous by court decisions, newspaper stories, and television evening news - has come to symbolize a tangled knot of issues surrounding the end of life and who controls it.
Author: Institute of Medicine Publisher: National Academies Press ISBN: 0309303133 Category : Medical Languages : en Pages : 638
Book Description
For patients and their loved ones, no care decisions are more profound than those made near the end of life. Unfortunately, the experience of dying in the United States is often characterized by fragmented care, inadequate treatment of distressing symptoms, frequent transitions among care settings, and enormous care responsibilities for families. According to this report, the current health care system of rendering more intensive services than are necessary and desired by patients, and the lack of coordination among programs increases risks to patients and creates avoidable burdens on them and their families. Dying in America is a study of the current state of health care for persons of all ages who are nearing the end of life. Death is not a strictly medical event. Ideally, health care for those nearing the end of life harmonizes with social, psychological, and spiritual support. All people with advanced illnesses who may be approaching the end of life are entitled to access to high-quality, compassionate, evidence-based care, consistent with their wishes. Dying in America evaluates strategies to integrate care into a person- and family-centered, team-based framework, and makes recommendations to create a system that coordinates care and supports and respects the choices of patients and their families. The findings and recommendations of this report will address the needs of patients and their families and assist policy makers, clinicians and their educational and credentialing bodies, leaders of health care delivery and financing organizations, researchers, public and private funders, religious and community leaders, advocates of better care, journalists, and the public to provide the best care possible for people nearing the end of life.
Author: Penelope Weller Publisher: Routledge ISBN: 0415532949 Category : Law Languages : en Pages : 210
Book Description
The recognition of positive rights and the growing impact of human rights principles has recently orchestrated a number of reforms in mental health law, bringing increasing entitlement to an array of health services. In this book, Penelope Weller considers the relationship between human rights and mental health law, and the changing attitudes which have led to the recognition of a right to demand treatment internationally. Weller discusses the ability of those with mental health problems to use advance directives to make a choice about what treatment they receive in the future, should they still be unable to decide for themselves. Focusing on new perspectives offered by the Conventions on the Rights of Persons with Disabilities (CRPD), Weller explores mental health law from a variety of international perspectives including: Canada, Australia, New Zealand and the United Kingdom, where policies differ depending on whether you are in England and Wales, or Scotland. These case studies indicate how human rights perspectives are shifting mental health law from a constricted focus upon treatment refusal, towards a recognition of positive rights. The book covers topics including: refusing treatment new approaches in human rights international perspectives in mental health law the right to demand treatment. The text will appeal to legal and mental health professionals as well as academics studying mental health law, and policy makers.
Author: Allen E. Buchanan Publisher: Cambridge University Press ISBN: 9780521311960 Category : Law Languages : en Pages : 450
Book Description
This book is the most comprehensive treatment available of one of the most urgent problems in bioethics: decision-making for incompetents.
Author: Leah Rogne, Ph.D. Publisher: Springer Publishing Company ISBN: 0826110223 Category : Social Science Languages : en Pages : 400
Book Description
"This is a very substantive book that encompasses the various aspects of advance care planning, both prior to and after a diagnosis of a life-limiting disease. The realistic case studies help readers understand the complexities of decision-making by the individual and the family."--Doody's Medical Reviews While advance directives hold a great deal of promise for ensuring self-determination and quality of life near its end, the majority of Americans face life-threatening illness without having completed effective advance care planning.. This volume recounts the history of advance directives, chronicling the evolution of an approach that initially focused on completing forms, to one that now emphasizes more comprehensive strategies for facilitating conversations about end-of-life care and planning for dying and death. It provides helpful strategies for initiating and guiding discussions among providers, patients, and their loved ones, easing the burdens of uncertainty, and improving the efficacy of surrogate decision making near the end of life. Scholars and practitioners from a variety of disciplines provide a well-rounded view of the history and challenges of advance directives. Authors include palliative care physicians, nurses, social workers, grief counselors, educators, lawyers, psychologists, sociologists, and medical ethicists. The book shares successful strategies on how effective advance care planning can provide smoother transitions at the end of life and ensure better quality of living before death. It incorporates effective multidisciplinary, relationship-based models of advance care planning along with multidisciplinary perspectives to help caregiving professionals initiate conversations and disseminate relevant information to patients and their loved ones and advocates. Case studies illustrate the importance of, challenges with, and prospects for advance directives and advance care planning. The book addresses common barriers to advance care planning and offers ways to overcome them, as well as detailing public health, legal, and comprehensive community planning approaches to change how our current American society deals with dying, death, and end-of-life care. Key Features: Introduces a multidisciplinary, pragmatic approach to advance care planning Addresses strategies to reform advance care planning Presents case studies illustrating the importance, benefits, and challenges of advance directives Features successful initiatives in advance care planning and new directions that shift community practice related to dying, death, and end-of-life care. Includes the contributions of physicians, grief counselors, medical ethicists, social workers, psychologists, medical ethicists, lawyers, nurses, educators, and others
Author: Lawrence P. Ulrich Publisher: Georgetown University Press ISBN: 9781589014534 Category : Medical Languages : en Pages : 370
Book Description
The Patient Self-Determination Act of 1990 required medical facilities to provide patients with written notification of their right to refuse or consent to medical treatment. Using this Act as an important vehicle for improving the health care decisionmaking process, Lawrence P. Ulrich explains the social, legal, and ethical background to the Act by focusing on well-known cases such as those of Karen Quinlan and Nancy Cruzan, and he explores ways in which physicians and other caregivers can help patients face the complex issues in contemporary health care practices. According to Ulrich, health care facilities often address the letter of the law in a merely perfunctory way, even though the Act integrates all the major ethical issues in health care today. Ulrich argues that well-designed conversations between clinicians and patients or their surrogates will not only assist in preserving patient dignity — which is at the heart of the Act—but will also help institutions to manage the liability issues that the Act may have introduced. He particularly emphasizes developing effective advance directives. Ulrich examines related issues, such as the negative effect of managed care on patient self-determination, and concludes with a seldom-discussed issue: the importance of being a responsible patient. Showing how the Patient Self-Determination Act can be a linchpin of more meaningful and effective communication between patient and caregiver, this book provides concrete guidance to health care professionals, medical ethicists, and patient-rights advocates.
Author: Robert S. Olick
Author: Robert S. Olick
Author: Peter Lack
Author: Michael A. Kirtland
Author: N.M. King
Author: Institute of Medicine
Author: Rebecca S. Colmer
Author: Penelope Weller
Author: Allen E. Buchanan
Author: Leah Rogne, Ph.D.
Author: Lawrence P. Ulrich