Legal / Ethical Issues in Advanced Directives (Research Paper Sample)

Legal/Ethical Issues in Advanced Directives
Student’s Name
Paris Junior College
LEGAL/ETHICAL ISSUES IN ADVANCED DIRECTIVES
Introduction
End-of-life care is often associated with a myriad of legal/ethical requirements that medical practitioners have to comply with, failure to which there are very grave consequences both to individuals and health care institutions. Advance directives comprises of one’s wish about his or her health care decision in case he or she is incapacitated to an extent that they cannot make their own health decisions. The common functions associated with advanced directives include consent and capacity, artificial feeding, life-sustaining treatment, basic care, withdrawal or withholding of life-sustaining treatment, withdrawal of life-prolonging treatment, and euthanasia (assisted dying).
Rational of Significance
Ideally, people usually tell doctors their wishes. However, in cases a person is not in a position to make their own health care decisions another means of communicating his decision are necessary (National Cancer Institute, 2011b). This is where advance directives come in. The two main types of advance directives are durable powers of attorney for health care and the living will. The living will explains one’s preferences and instructions concerning future treatment in case one loses the ability to make their decisions on health care. The former entails the process of appoint a person (health agent or representative) to make decision on one’s behalf in the event one loses the ability to make their decisions on health care (Moore, Rubin & Halpern, 2016). In case of a clash between the two, the living will always prevails.
Impact on Healthcare Delivery
In cases of missing advance directives, another individual who may not be the patient’s choice may be picked to make decisions on behalf of the patients. Several states laws often allow surrogate decision makers, most of whom are the next of kin. Doctors are obliged to ask carers of any advance planning before filing DNR (do not resuscitate) upon mentally incapacitated patients (Dyer, 2015). Advance directives help the cushion the medical practitioner from any blame of malpractice by any third party. With advance directives, healthcare institutions are well positioned to adequately use the available resources for the help of the patients. It also enables medical practitioners provide quality care to the patients. Advance directives help the health care providers to determine when to withdraw life-sustaining and life-prolonging treatments. It may not be ethical to put a patient who is in vegetative state in a life-support system for over 50 years and eventually the person dies. Physicians will know when to withhold life-sustaining systems (Moore, Rubin & Halpern, 2016).
Impact on Nursing Profession
In advance directives, it is the role of the nurses/health care providers to interpret and follow through the wishes of the clients. They are legally bound to make sure that any treatment of care accorded to the patient does not contravene the wishes of the client as outlined in the advance directive. In her article, Carol (2012) highlights that one of the challenges that medical practitioners have faced are legal suits resulting from refusing to follow the wishes of their patients. Doctors have sometimes been accused of medical mal-practices in the process of providing end-of-life care. Knowing the role of family, the importance of a will, and the constituents of a good will enable medical practitioner to advise their patient appropriate, particularly patients with chronic or terminal illness that risks impairing them (Carol, 2012). Secondly, the family members can also be adequately educated on the importance of discussing health care issues with their loved ones (National Cancer Institute, 2011b).
The nurses are also well acquainted with information on how to execute advance directives in compliance with the state laws. This is because any open areas will also be open for challenge (Carol, 2012). For example, a verbal statement made to a doctor may not be sufficient reason for the doctor to act on behalf of the patient. Medical providers have also been given a leeway decline from honoring a patient’s will on the basis of moral convictions or religious beliefs. This gives a nurse a chance to refer a patient another health care provider. However, some states believe that the health care providers have the discretion to fulfill the wishes of the patients.
Impact on Society
The caregivers and healthcare providers should be able to establish proper guidelines the provide guidance in challenging situations. The society has the mandate to protect its members from adversities and end-of-life crisis. Advance directives impact the society directly since it involves enactment of statutory requirements for health care provision. Advance care planning grants the patients the chance to inform the family members and the care...