14).
The role that patient's families, doctors, health aides, pastors, chaplains and administrators, health educators and others play is crucial. Few people have executed an advanced directive, much less appointed a healthcare power of attorney by the time they enter a hospital with a debilitating condition. An informed consent form only marks the fact that a conversation has taken place in a health facility. The process that needs to or ought to take place concerning a patient's wishes and ensure one's wishes are empowered are part of the process involved as one fills out the advanced directive for themselves. In California the state has consolidated statutes for advanced directives and added some rights and included the best features of past laws. A patient may appoint a power of attorney for health care, or use a form to state what one's wishes are, which includes the ability to use extreme life-sustaining measures in having one's life prolonged, and/or have pain relief. An agent may be appointed to make sure these directives are carried out. Advanced directives may also expressly allow the hospital and relatives to use extreme life-sustaining procedures.
To love a person is to learn the song in his heart and to sing it when he has forgotten it," is what Sue Rubin believes the ethics of advanced directives is all about (Rubin, 2001). In other words, when a patient may no longer be able to communicate their wishes, the advanced directive and the agent named in an advanced directive does it for them.
Value assessment in ethics is the first point of departure in the differences of opinion concerning end-of-life decisions. Intervention-based approaches are the most common way that end-of-life scenarios are viewed. When a person sees all the types of medical interventions that may be used during illness and chooses what one would do in certain situations, then records these in detail for their doctors and relatives to use in medical emergencies, it is hard to decide when the actual event occurs what the person may have meant. An procedure-based approach does not ask if there is a point at which the person does not wish to go below. The bottom line is not really visible in an intervention-based approach. The false illusion that one may control every medical procedure one is going to be subjected to before one draws their last dying breath is sadly evident in the intervention-based approach.
Value-based approaches are now becoming more acceptable. It is dynamic and changing, as one experiences life. To allow a patient to change one's directives from time to time is important, as people may make broad, sweeping statements in their directives, yet when one gets down to details, one might make exceptions for certain circumstances. Choking, for example, may not require DNR orders, yet some people have a standing order for DNR in every situation, while others say that they certainly would want to be resuscitated if they choked on a peanut. An incurable, progressive, degenerative disease where treatment only prolongs dying, on the other hand, may present a different scenario where a patient may wish a DNR order to be carried out (Rubin Video).
When one allows relatives to decide and interpret a patient's wishes and make decisions which go against what the surrogate decision-maker or the patient would have wished, it is wrong. For instance, according to Donald "Dax" Cowart, who suffered burns over most of his body as a young man, in 1970, and begged the doctors to stop treatment and allow him to die, he should have had his wishes honored. As an attorney, later, he fought for the right for a patient to determine his or her own treatment or to be allowed to die if they felt this was best. He saw the doctors who treated him against his wishes as being paternalistic and was an early spokesman for the concept of patient individualism and determinism (McGee, p. 1).
When a patient receives CPR or a life-sustaining procedure against the patient's wishes as expressed in an advanced medical directive, a hospital may be liable. Interns, aides and other personnel who meet an incoming patient with a life-threatening condition need to check to see if that patient has an advance medical directive that may preclude use of some procedures. In a study of the care received by 47 critically ill elderly patients who were received in a hospital,...
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