According to Walsh (2011) advanced directives are legal mechanisms that individuals can use in detailing the kind of care that they want or do not want in case they become critically ill or injured such that they lose their decision-making abilities. It is factual that each person at one point will die and having an advance directive averts a situation where those close to an individual in critical condition have to struggle with the kind of treatment that they can recommend (Nelson & Nelson, 2014). Therefore, advance directives are legal documents and legally enforceable in many states in the U.S. and any breach can lead to litigations. Advance directives may include a living will that contains instructions on one’s treatment, power of attorney, and health care proxy where a person authorizes an agent to make ultimate decisions when they become incapacitated (Span, 2017). Imperatively, when hospitals ignore advance directives from patients, they are liable for prosecution as demonstrated by Ms. Weisman’s case against Maryland General Hospital.
Developing and Executing an Advance Directive
It is essential for people to develop an advance directive through a living will or selecting a healthcare proxy or attorney because a health crisis can occur at any moment. Advance directives are written and an individual fills a form based on their state’s laws on advance care planning. Each of the states in the country has different forms and requirements in generating advance directive document. As such, one fills the prescribed form in presence of their attorney and a witness (Porteri, 2018). Upon filling the forms, an individual can review their advance directives with their physicians and health care agent to ascertain that the forms have been filled accurately. .
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One needs to keep the originals safely but accessible, provide a copy to their doctor and healthcare agent, and keep a record of those with advance directives. In Weisman’s case, the family had authorized Medical Orders for Life-Sustaining Treatment and in case of a failure of the lungs or heart; she should be left to die. Further, one needs to carry a wallet-sized card with all details concerning its execution and keep a copy when travelling (Nelson & Nelson, 2014). When incapacitated, the advance directive should be executed based on the wishes of the person and any violation is liable for suits that may be filed by the family as demonstrated in this case.
Importance of Advance Directive from a Health Perspective
The choice to medical care lies within a patient’s control. However, it is essential to note that an individual may lose the capacity to make decisions for themselves because of medical reasons or otherwise (Peicius, Blazevicience & Kaminskas, 2017). Having an advance directive is essential for patients and healthcare facilities because it helps in limiting potential suits like Weisman’s case where Maryland General Hospital has been sued by the family for violating their MOLST). Advance directives offer clear and consistent guidelines to health care providers in regards to advance care planning so that they do not perform procedures that a patient has not specified. It also reduces the possibility of legal tussles with and among family members. It ensures that hospitals do not carry out unwanted processes and procedures on a patient.
Conclusion
It is evident that advance directives offer essential benefits and are essential to both the patient and health care providers in advanced care planning. With the directives, physicians and nurses will adopt procedures and processes that are accepted by the patient as stated in their living wills or through the power of ensuring attorneys and health care proxies.
References
Nelson, J. & Nelson, T. (2014), Advance directives: Empowering patients at the end of life. The
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Peicius, E., Blazevicience, A., & Kaminskas, R. (2017), Are advance directives helpful for good
end of life decision making: a cross sectional survey of health professionals. BMC Medical Ethics: BMC Series, vol.18, No.40. Retrieved from https://bmcmedethics.biomedcentral.com/articles/10.1186/s12910-017-0197-6
Porteri, C. (2018), Advance directives as a tool to respect patients’ values and preferences:
discussion on the case of Alzheimer’s disease. BMC Medical Ethics , Vol.19, No.9. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5819243/
Span, P. (2017 April 10), The Patients Were Saved. That’s Why the Families Are Suing.
Retrieved from https://www.nytimes.com/2017/04/10/health/wrongful-life-lawsuit-dnr.html
Walsh, K. (2011), Grief and Loss: Theories and Skills for Helping Professionals , 2nd Edition .
New York: Pearson Education.
