Question

From The Law of Healthcare Administration 8th Edition (2012) by Showalter - Chapter 10.

7. How does informed consent apply to someone who had not signed an advance directive? To a newborn? To a mature minor?

8. Under what circumstances may consent be refused for the artificial administration of nutrition and hydration?

9. What are the advantages and disadvantages of living wills, DPOA for healthcare, statutory advance directives, and POLST/MOST forms?

10. What are the requirements of the PSDA?

Answer 1

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Answer7:

Informed consent basically is that the individual has been informed about his or her illness and the individual has given his or her consent for the proposed diagnosis treatment.

In cases where there is no advanced directive or informed consent, the default surrogate consent laws come into action. These laws have been proposed by the state government. These laws give the order of preference for the authority to the relatives of the individual, to sign the informed consent or advanced directive, on his or her behalf.

Answer8:

In every state of the U.S allows individuals to refuse artificial administration of nutrtion & hydration through the use of an advance directive such as a will, a power of attorney or an agent of legaly appointed heir. If there is not clear advance directive or legally appointed medical caregiver or decision maker for the patient then ANH is most likely continued. Another instance under which ANH can be withdrawn or refused is if the medical practitioners working on the patient opine that its harms now outweigh its benefits which was seen in the Theresa Schiavo case (2000 -2005) in Florida where the court ruled in favor of ANH despite objections from the parents as the patient was now beyond revival.

Answer9:

1. Living will is a written legal document that relates medical treatment will maker will have when he fell ill. Advantage is that he has written the wish about what kind of treatment he wish that time .No body can else can take decision when will maker become ill.Drawback : In totally different circumstances where he has not written any thing about such kind of treatment problem arise.

2. DOPA for health care:Few institution recognizes this DOPA for health care rather than Living will.It allows to appoint person for decision making.Drawback legalities involved

3. Satutory advance directives:Can authorize person to take health related decision Disadvantage Court or government will monitor health care and decision going on for health care.

4. POLST: There is document which contain talk between doctor and patient and issues related with decision taken when patient is breathing last.This document carries information about doctor and patient talk about medical treatment. Advantage Doctor is well informed