Hcac471-Ethical Hc Issues Essay

Essay Assignment (Continuing Treatment)

Do the rights of the estranged spouse supercede those of the patient ? This is not a straight forward question. It depends on several factors. The factors I will address in this piece are capacity, power of attorney and advance directives or health care proxies.

First and foremost, the wishes and decisions of patients of sound mind must be respected to the utmost. There is no evidence in the reading that suggests Mrs. Dubreuil was nothing less of sound mind. The fourth amendment of the constitution states, among other things “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated”. Subjecting sane patients to procedures of which they object, could be considered unconstitutional. The constitution is the law and basic foundation of our nation. Abridging those basic principles and rights cannot be taking lightly.

I believe the court should have consider the situation more carefully especially after a call to the court asserting that the patient was conscience and continued to object to further transfusions. The hospital staff did not act as responsibly as expected either. Surely this was not the first occasion in which a patient objected to a blood transfusion. Even if it had been the first time there should be standard operating procedures dictating the actions of the staff. As long as the patient is cognizant and fully educated on the options available, the patient’s wishes are paramount. The breach, though honorable, of the patient’s wishes while she was unconscious may be pardoned. However upon her regaining her faculties enough to make her wishes known to a judge hearing the case, her desires should have been respected.

There is a popular saying in the military “if it is not documented, it didn’t happen”, which lends great weight to written communications. I would agree that a written consent is more...