Business LAW Term Paper Writing Assignment St. Leo University (Term Paper Sample)

Business LAW Term Paper
NAME: Vickia Ricks
Institution: St. Leo University
1 The ultimate numerical vote was 5 to 4
2 Life support can only be withdrawn when it has been proven that the patient has very low chances of survival and to relieve him/her from suffering, the only way if to remove them from life support. This can only be done upon an advance directive earlier written by the patient under the US law.
3 Death by refusal of treatment is differs from suicide in the sense that it involves another party (physician) unlike suicide where death is solely committed by the patient alone.
4 A living will is a written consent by an individual giving direction on who will handle their medical treatment in case it reaches a point they are unable to communicate. It is becomes a legally effective after being signed both by the patient hi/herself and a lawyer.
5 A healthcare directive is more of a living will. It is a legal document specifying which health actions should be taken in a situation where the said person is unable to unable to communicate back. It can only be affected by when the person has become totally incapacitated.
Part B
Question 1
There are several foreseeable financial, psychological and medical of not having a properly executed will and living will. First of all, a properly executed will should both be legally binding. Although they are prepared by the same person, a living will and a will are two separate documents. A will is a document (oral or written) giving detailed instructions on a person’s wishes on what should be done on his property after he/she dies. On the other hand, a living will is a pre-written document giving instructions on how an individual’s health condition should be treated in case they become incapacitated. It is important to take note that the living will is effective while the person is a live while the will is only effective after his/her death.
Both the will and the living will are important because they put things clear in advance and avoid confusion when a person dies or becomes incapacitated. Failing to write a will makes it difficult for the court to distribute a person’s property. This may lead to his/her assets being frozen especially if they were not held in a trust which in most cases brings about psychological torture to family members left behind. Incases there is no will; the court does what is known as a probate (determining how assets of a person without a will can be utilized). Probate is a long process which can last for several years in court and as a result can financially drain the deceased family.
A living will just like a will can as well be contested in court of law. It is usually written for two major reasons; living in a poor diagnostic state and for cost burdens. If there is no living will or if the instructions therein are not clear, his/her family is likely to undergo financial problems. The cost burdens will be experienced because it will be illegal to carry out euthanasia.
Friends and family members of the patient of the diseased are also bound to suffer from emotional stress because of lack of a will or living will. This will be through unending court cases and battle for ownership of the property left behind as well as the inability to end the life of a suffering patient.
Question 2
Palliative care is generally concerned with treating fatal conditions for example relieving of pain or to alleviate symptoms of a terminal illness. A decision should be made to move a patient from recuperative to palliative medical care when the symptoms of a disease or symptoms of a disease he/she was suffering from start to reappear. There are 4 parties that are usually involved in decision making, they include; close family member, the patient, palliative care team and the patient’s doctor. The patient’s doctor consults with the palliative care team and with the patient’s consent he/she can be moved to palliative care. In cases where there is no will, his relatives or the can make the decision.
Every person has a right to refuse treatment if they voluntarily go to a health facility. The other reason as to why a patient can deny treatment is when the treatment of his or her terminal illness is burdensome both financially and emotionally to their family. This has also been the reason why most medical practitioners have found grounds to perform euthanasia on their patients.
Question 3
The wishes to end life can be determined depending on whether a patient is incapacitated or had a living will or not. When a person is faced for example with a terminal disease, there are usually two things involved, financial and medical decisions. A financial decision is done via a will where a person instructs on how his/her property should be distributed. On the other hand, medical decision involves a living will where a patient gives clear instructions on how his medical treatment should be done and by who in case he/she becomes incapacitated. The living will can only be effected when a person becomes incapacitated and can make decision such as; where the patient will spend their last days, matters to do with organ donation, burial arrangements and so on.
Medical practitioners have a responsibility to care for their patients which means they have an obligation not to cause any unreasonable harm. There are two standard ways of determining whether a duty of care was owed: Reasonable professional standard and reasonable person standard. (Cheeseman, 2007). The court has the final say when it comes to ending of ...