Patient Self Determination Act

Improved Essays
In 1991 the Patient Self Determination Act was implemented which pertains to several legal documents as well as those not written in a legal setting. The Patient Self Determination Act states that all health care facilities Medicare and Medicaid reimbursement must recognize a patient’s advance directive, the facilities must ask every patient if they have an advance directive, and provide education to the patient informing them of their rights to communicate their wishes regarding future treatment. This includes if the patient wishes to refuse medical treatments.
The main purpose of advance directives is to maintain the patient’s autonomy even after they are unable to communicate due to mental conditions such as dementia or physical conditions
…show more content…
When a patient talks about wanting to know about advance directives the nurse should take the time to explain the different types of legal documents such as living wills, advance directives, health care proxy, etc . The nurse should also inform the patient of their rights in regards to their treatment. After speaking with the patient about advance directives the nurse needs to document in the patient’s medical records the outcome of the conversation. When a patient has an advanced directive it is the nurse’s duty to be an advocate for the patient and place it in the patient’s medical file and integrate the wishes listed in the advanced directive into the patient’s plan of care. It is important for the nurse to inform all members of the patient’s healthcare team of the patient’s wishes and inform them of the existence of an advance directives. Advance directives state what interventions the patient would like to be preformed or would not like to be done if they become unable to communicate their wishes. Advance directives can be considered as consent to future interventions. For example if a patient goes into respiratory failure and becomes unconscious if their living will states that they would like to be intubated this can act as a consent for the procedure. It is important to note that just because a patient has an advance directive it does not mean the patient has a Do-Not- Resuscitate …show more content…
This document must be signed in front of two adult witnesses, one of which cannot be the surrogate, the patient’s spouse nor a blood relative. The patient also has the right to appoint a different person as a surrogate to make decisions regarding the patient’s mental health treatment. If a separate surrogate is not stated in the document the court will assume the primary health care surrogate is also the person the patient wants to delegate the task of decision making regarding mental health treatment.
Heath care proxy is similar to durable power of attorney. The main differences between the two are that a lawyer must write durable power of attorney, while health care proxy documents do not. Another difference is durable power of attorney appoints a person to make any decision for you while with a health care surrogate the person can only make medical decisions.
As a nurse it is important to not let personal beliefs interfere with the execution of a patient’s wishes regarding their

Related Documents

  • Decent Essays

    1.) As a nursing assistant, I of course have heard of a medical directive. I have also had to follow the directions and wishes in the medical directives for the patients per their request. Because of my experience with advance directives, its makes me think of my own and what I would chose. 2.)…

    • 438 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    Creating an advanced directive not only gives an individual control over his/her medical wishes, but it also takes away from the family, the burden of making such a tough treatment choice. The very last place you want to have a conversation about who will be one’s healthcare agent is in an emergency. It is better to plan ahead to avoid unnecessary stress. Though this is unlike the previous two, but the POLST form is also another document to put into consideration. It is a physician order for life-sustaining treatment.…

    • 1298 Words
    • 6 Pages
    Superior Essays
  • Decent Essays

    There are legal and ethical considerations to be taken in relation to this case such as autonomy, beneficence, and justice. Respecting the patient’s autonomy and treating the patient fair and respecting their wants and needs would be an important ethical consideration. Although, her thought process is unclear the patient still knows what she wants and is capable of making her own decisions. The patient has rights, and it is a job as a nurse to advocate for your patient and try to implement things into the care plan that will help work with that particular patient situation. Another ethical consideration is beneficence and ensuring while providing care, do not put the patient in a situation that can cause the patient or yourself harm.…

    • 269 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    The situation had important data about the protocol of patient consents and requirement of legal reporting. The Instructor from the video characterized the importance of a consent in the medical services industry. He expressed that consent," He stated that consent,” Is the voluntary agreement by a person who possesses sufficient mental capacity to make an intelligent choice to allow a medical procedure and/or treatment proposed by another to be performed on him or herself. In 1990 The Patient Self-Determination Act clarifies how patients has the privilege to settle on choices in regards to their own medical social insurance; including the privilege to acknowledge or decline health or surgical treatment. Documentation covers the patients and the specialist all in all to maintain a strategic distance from any lawful affirmations.…

    • 256 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Principlism In Nursing

    • 498 Words
    • 2 Pages

    Principlism is a means of applying various ethical principles to weigh arguments that are not clear to make a comprehensive decision (Guido, 2014). The components of ethics that can be implemented with principles are autonomy, nonmaleficence, beneficence, and justice; the foundation of which medical decisions are made on (Guido, 2014). In the intensive care unit, these concepts frequently clash in the spirit of doing what is in the best interest of the patient. The doctor, families and patients can have conflicting opinions of what is in the best interest of the patient and what it means to do no harm. Is subjecting a frail elderly patient to an invasive procedure that they may very well never recover from in the spirit of doing no harm?…

    • 498 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    2) If there is no Advance Directive, the nurse (medical team) may explain the available treatment options, along with the positive benefits and negative outcomes. Providing these treatment options, would allow the children to make an informed decision and give consent on which treatment plan to…

    • 835 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Ethical Judgement

    • 377 Words
    • 2 Pages

    As long as patient understand the decision she makes, a nurse should respect the patient's decision even knowing that it can affect the patients’ health. However, a nurse should try to convince the patient otherwise. Beneficent is an action that is done to benefit other. The goal of nursing is to promote the welfare of patients.…

    • 377 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Historically mental health care and its treatment have had many approaches. It is a rather new concept of the patient being the guiding authority for their care received or denied. Mental health care advanced directives which are a legal document can improve upon patient autonomy and assist providers in providing the treatment that patients want to receive when they cannot verbalize those desires during times of decompensation of a mental illness. Historically mental health care has been provided to some degree by a paternalistic approach. A paternalistic approach to mental health care can have negative consequences for patient care, decrease adherence to treatment and cause a relapse.…

    • 207 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    In most cases these are used by elderly patients and terminally ill with the intent of not being hooked up to life support or extensive efforts made to try and save their life. In many cases these living wills are not carried out or abided by due to a plethora of factors. One case that is seen all too often, emergency medical services are called to the scene to find an elderly woman lying on the floor, a victim of a heart attack, a family member at the scene states that she has an advanced directive but cannot produce the document. Without seeing the document you have to provide medical treatment. In some cases these patients are brought back to life and left in the hospital.…

    • 2144 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    Therefore, it is important for nurses to promote ethical practice by taking ethic-related courses, participate in ethics committees, and seek ethics consultation as needed (Scanlon, 2003). Nurses should educate patients about advance directives and living wills and encourage them to discuss their preferences with their family members. Aside from participating in family meetings, nurses can involve palliative care specialists in patient care. Last, but not least, nurses play an important role in advocating for patients, building rapport, and communicating with the patients, their families, and the medical…

    • 759 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Patient Self-Determination

    • 1338 Words
    • 6 Pages

    To go more in depth Physicians must use self-determination to make a decision regarding the patient. A mentally stable adult patient has the authority to give consent to who they release their records to and to accept or deny any diagnostic therapy/ procedures. The physician should also clearly state the purpose of any examinations or treatments and what the results would displays. The patient would also be notified what are the consequences if they decline the consent.…

    • 1338 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Most people may not be aware of the choices they may have to make towards the end of their life. They also may not be aware of what an advance directive is. In order to make an informed decision they need to know what all of their options are. They should be aware of what end-of-life treatments are available and have an advance directive on file. There are three major things people should be aware of and those are the difference between a terminal illness and irretrievably dying, the criteria of uselessness and burdensome treatment, and lastly the forms of euthanasia.…

    • 1215 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    At this situation, nurses could play the pivotal role by facilitating open communication between health care providers and patients within safe and non- threatening environment as patients often hesitate to ask the needed information. Patients sometimes may be in stress for , e.g. when they get information on being diagnosed with cancer, kidney disease, or need to undergo immediate surgery etc. In this situation they might not be capable enough to take an informed decision making. This is because if promoting and maintaining informed decision making of this code is not followed, and then it is considered unethical practice. As a patient’s advocate, we should always protect the patient’s right whether they are capable enough to give consent and that they are fully informed about the treatment.…

    • 854 Words
    • 4 Pages
    Superior Essays
  • Great Essays

    End Of Life Education Essay

    • 2495 Words
    • 10 Pages

    Problem Statement, Purpose Statement, Research Question In the study “Effectiveness of end-of-life education among community-dwelling older adults” Matsui (2010) addresses the problem that fewer than “50% of severely or terminally ill patients completed an advance directive” (p. 363) which makes it difficult for health care professionals to identify patients’ wishes in situations where end of life is near. This is a significant problem to nursing, as nurses have a responsibility to inform and educate patients about health care directives, and options for end-of-life care as well as facilitate appropriate end of life care according to patient preferences. Compounding this research problem Matsui (2010) explains that although much discussion has occurred regarding advance directives, there is a lack of consensus of the Japanese people regarding the importance and necessity of advance directives and they are not yet considered a legal documents in Japan.…

    • 2495 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    Patients Informed Consent

    • 997 Words
    • 4 Pages

    When an individual’s ability are affected to the point of making decision for themselves and communicating in any way possible, another individual can be assigned to represent them and sign documents for them. This individual assigned is chosen by the patient. The authorization has to be written and signed in order to be effective otherwise, it would have no validation. For example, if the patient have a stroke and affected his ability to talk, a proxy can act for…

    • 997 Words
    • 4 Pages
    Improved Essays