What are the Patient’s Rights at End of Life?
Right to Refuse Care
At end of life elders and family may be confronted with decisions that may prolong suffering. An elder may choose to refuse a treatment that their doctors or families wish them to have.
If the elder has capacity the informed consent doctrine applies as follows:
Right to Refuse Care
At end of life elders and family may be confronted with decisions that may prolong suffering. An elder may choose to refuse a treatment that their doctors or families wish them to have.
If the elder has capacity the informed consent doctrine applies as follows:
Every human being of adult years and sound mind has a right to determine what shall
be done with his own body; and a surgeon who performs an operation without a
patient’s consent commits assault, for which he is liable in damages.
be done with his own body; and a surgeon who performs an operation without a
patient’s consent commits assault, for which he is liable in damages.
If the elder is incapacitated, the decision to refuse care is more difficult. Some states adopted a “substituted judgment” or best interest approach while other states may require oral or written documentation of the elder’s wishes.
The Patient Self-Determination Act of 1994 acknowledges a patient’s rights to refuse medical treatment and encourages patients to exercise those rights through developing advanced directives. All health care facilities that receive Medicare and Medicaid funding are required to advise patients of their rights to refuse or accept life-sustaining treatments.
The Patient Self-Determination Act of 1994 acknowledges a patient’s rights to refuse medical treatment and encourages patients to exercise those rights through developing advanced directives. All health care facilities that receive Medicare and Medicaid funding are required to advise patients of their rights to refuse or accept life-sustaining treatments.
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