Further Questions About Advance Directives
Further Questions About Advance Directives
Yes. There is no legal or ethical difference between withholding and withdrawing a medical treatment. Therefore, people who may want to try a potentially helpful treatment can do so without fear that, once started, it could not be removed. Professional organizations such as the American Medical Association, as well as the courts, have affirmed that it is ethical to discontinue medical treatments that do not benefit the patient. If the patient no longer wants a treatment, for any reason, providers are legally obligated to withdraw it.
In practice, however, caregivers might resist withdrawing a treatment once it has begun. A caregiver might believe he or she would be helping to cause death, even though the patient's condition is irreversible. Also, caregivers might be confused or misinformed about what the law requires and what constitutes ethical practice. They might mistakenly believe they cannot stop treatment, even with clear evidence that the patient would not want it. If a physician refuses to end treatment, the patient or family should find out the reason for the refusal.
Nutrition Challenges When You're Older or Sick
Like many things in life as we get older, eating can be a challenge.The sense of taste, like the other senses, diminishes as we age. Appetite and taste can also be affected by medications. In addition, dental problems can make it difficult or painful to chew food.Loss of appetite can make it difficult to get adequate nutrition, especially when you’re sick or not feeling well. What can you do to be sure you’re getting the nutrients you need?“No single strategy works for everyone,” says Kathleen...
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No. Most advance directive statutes state explicitly that providers run no legal risk for honoring valid advance directives. No healthcare provider has ever been successfully prosecuted for honoring a patient's request to stop treatment. In fact, providers might run more legal risk when imposing treatment against a person's or healthcare agent's wishes.
In many states, healthcare providers can refuse to honor advance directives for moral or religious reasons. Some of those states require such individuals be removed from the case and transfer care of the patient to someone who will honor the patient's request. But in practice a healthcare provider's refusal to honor an advance directive can cause difficulties. For example, it may be hard to find a physician or facility willing to accept the patient. For this reason, it is important to ask in advance if a healthcare provider has personal views or if an institution has any policy that would prevent them from honoring a person's legal right to refuse treatment.
A refusal by a healthcare provider to stop treatment may stem from a misunderstanding of the law or medical ethics. Supplying the provider with the correct information might solve this type of difficulty. In other cases, a provider might believe that the patient's choice conflicts with his or her professional responsibilities. Many medical facilities have ethics committees that can help to resolve disputes over patients' wishes. In extreme cases, legal action might be required.
These examples show why it is so important to lay the proper groundwork for your advance directives. If you know that your personal doctor is unwilling to carry out your wishes, it would be wise to change to a physician who will respect them. In addition, because conflict is possible, it is important to appoint an agent who is willing to work actively to have your wishes honored, and equally important to discuss your wishes with loved ones and physicians.
Nutrition Challenges When You're Older or Sick
Like many things in life as we get older, eating can be a challenge.The sense of taste, like the other senses, diminishes as we age. Appetite and taste can also be affected by medications. In addition, dental problems can make it difficult or painful to chew food.Loss of appetite can make it difficult to get adequate nutrition, especially when you’re sick or not feeling well. What can you do to be sure you’re getting the nutrients you need?“No single strategy works for everyone,” says Kathleen...
Read the Nutrition Challenges When You're Older or Sick article > >
There is no simple answer to this question. In general, physicians consult with families when the patient cannot make decisions. But if the decision involves ending a treatment and will result in the person's death, the family may or may not be permitted to make the decision, depending on state law.
In some states treatment cannot be withheld or withdrawn without clear and convincing evidence that the person would refuse it. In other states, if the physician and the family agree, the treatment could be stopped without recourse to any outside authority (such as the courts). If any conflict about treatment exists among family members or between the family and the physician, treatment is likely to continue until the patient dies or the issue is resolved through legal action.
A number of states have passed surrogate decision-making statutes. These laws create a decision-making process by identifying the individuals who may make decisions for patients who have no advance directives. However, the person whom the law appoints to make decisions might not be the person you would want as your decision maker or might make decisions you would not want. Thus, it is important to name the person you do want by completing advance directives, including the appointment of an agent.
Other questions Once a medical treatment is started, can it be stopped?
Yes. There is no legal or ethical difference between withholding and withdrawing a medical treatment. Therefore, people who may want to try a potentially helpful treatment can do so without fear that, once started, it could not be removed. Professional organizations such as the American Medical Association, as well as the courts, have affirmed that it is ethical to discontinue medical treatments that do not benefit the patient. If the patient no longer wants a treatment, for any reason, providers are legally obligated to withdraw it.
In practice, however, caregivers might resist withdrawing a treatment once it has begun. A caregiver might believe he or she would be helping to cause death, even though the patient's condition is irreversible. Also, caregivers might be confused or misinformed about what the law requires and what constitutes ethical practice. They might mistakenly believe they cannot stop treatment, even with clear evidence that the patient would not want it. If a physician refuses to end treatment, the patient or family should find out the reason for the refusal.
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Nutrition Challenges When You're Older or Sick
Like many things in life as we get older, eating can be a challenge.The sense of taste, like the other senses, diminishes as we age. Appetite and taste can also be affected by medications. In addition, dental problems can make it difficult or painful to chew food.Loss of appetite can make it difficult to get adequate nutrition, especially when you’re sick or not feeling well. What can you do to be sure you’re getting the nutrients you need?“No single strategy works for everyone,” says Kathleen...
Read the Nutrition Challenges When You're Older or Sick article > >
Do healthcare providers run any legal risk by honoring advance directives?
No. Most advance directive statutes state explicitly that providers run no legal risk for honoring valid advance directives. No healthcare provider has ever been successfully prosecuted for honoring a patient's request to stop treatment. In fact, providers might run more legal risk when imposing treatment against a person's or healthcare agent's wishes.
What if my healthcare provider will not honor my advance directives?
In many states, healthcare providers can refuse to honor advance directives for moral or religious reasons. Some of those states require such individuals be removed from the case and transfer care of the patient to someone who will honor the patient's request. But in practice a healthcare provider's refusal to honor an advance directive can cause difficulties. For example, it may be hard to find a physician or facility willing to accept the patient. For this reason, it is important to ask in advance if a healthcare provider has personal views or if an institution has any policy that would prevent them from honoring a person's legal right to refuse treatment.
What if my healthcare provider will not honor my advance directives? continued...
A refusal by a healthcare provider to stop treatment may stem from a misunderstanding of the law or medical ethics. Supplying the provider with the correct information might solve this type of difficulty. In other cases, a provider might believe that the patient's choice conflicts with his or her professional responsibilities. Many medical facilities have ethics committees that can help to resolve disputes over patients' wishes. In extreme cases, legal action might be required.
These examples show why it is so important to lay the proper groundwork for your advance directives. If you know that your personal doctor is unwilling to carry out your wishes, it would be wise to change to a physician who will respect them. In addition, because conflict is possible, it is important to appoint an agent who is willing to work actively to have your wishes honored, and equally important to discuss your wishes with loved ones and physicians.
Recommended Related to Healthy Seniors
Nutrition Challenges When You're Older or Sick
Like many things in life as we get older, eating can be a challenge.The sense of taste, like the other senses, diminishes as we age. Appetite and taste can also be affected by medications. In addition, dental problems can make it difficult or painful to chew food.Loss of appetite can make it difficult to get adequate nutrition, especially when you’re sick or not feeling well. What can you do to be sure you’re getting the nutrients you need?“No single strategy works for everyone,” says Kathleen...
Read the Nutrition Challenges When You're Older or Sick article > >
Who would make decisions about my medical care if I did not complete advance directives?
There is no simple answer to this question. In general, physicians consult with families when the patient cannot make decisions. But if the decision involves ending a treatment and will result in the person's death, the family may or may not be permitted to make the decision, depending on state law.
In some states treatment cannot be withheld or withdrawn without clear and convincing evidence that the person would refuse it. In other states, if the physician and the family agree, the treatment could be stopped without recourse to any outside authority (such as the courts). If any conflict about treatment exists among family members or between the family and the physician, treatment is likely to continue until the patient dies or the issue is resolved through legal action.
A number of states have passed surrogate decision-making statutes. These laws create a decision-making process by identifying the individuals who may make decisions for patients who have no advance directives. However, the person whom the law appoints to make decisions might not be the person you would want as your decision maker or might make decisions you would not want. Thus, it is important to name the person you do want by completing advance directives, including the appointment of an agent.
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