...Death with Dignity If we assume that every human being born into this world has a "right to life," then it logically follows that every human being has a right to end their life (or a "right to die"). Because death is a part of life, a person's right to life logically assumes a right to not have that life. Thus, any law upholding a person's right to life has inherent within that same law a person's right to die, otherwise it would not be a right to life in the true sense of the term. But there is a legal battle going on in America right now over whether or not a person has a right to die. Does the government have the right to prolong your life by artificial means whether you desire it or not? With the passing of this law nationwide, you, as the voter will simply be saying, “It is YOUR choice” (Patashnik, 2004) The issue of “Having a Personal Right to Die,” has been long simmered beneath the surface in legal and political circles: under what circumstances do terminally injured and ill Americans have the right to choose to die? The Supreme Court made a definitive statement in the landmark 1990 case Cruzan v. Director, Missouri Dept. of Health that severely injured patients have a constitutional right to refuse medical treatment and die. But the court also ruled that states can require "clear and convincing" evidence of a patient's intent to forgo medical treatment, a rather high evidentiary standard to meet. History The actual word for “having a right to die” is Euthanasia...
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...lethal dosage) provided by a physician who is aware of how the patient intends to use such means or information (Merriam-Webster, n.d). For over ten years, there has been much controversy about the ethics and legality of physician-assisted suicide (PAS) not only in the United States but also worldwide. In 1997, the Supreme Court had a unanimous ruling that there was not a constitutional right or a constitutional ban to PAS. Since then almost every other state have opposed legalization of PAS. There are many terminally ill people that feel assisted suicide should be their choice, not something left to the government for debate. Assisted suicide should be legal in all states because those who suffer with a terminal illness that want to die should be able to end their life peacefully instead of living in agony. Almost everyone that lives in the United States has rights; the right to free speech, the right to life, liberty, and the pursuit of happiness, but those that are dying from a terminal disease do not have many rights. They do not have a right to seek help to end their pain and suffering. They lose the right to be in charge of their own life. The pursuit of happiness seems to not exist for those that wish to end their life. For some having their pain and suffering ended would make them “happy” because they no longer have to live with pain, live with a disease that cripples them so they cannot enjoy life the way they want to. Why should ailing people be forced to withstand...
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...and Durable Power of Attorney for Healthcare. Why are these documents so valuable in healthcare situations? What legal authority do these documents provide for decision making by family and/or healthcare providers? Briefly discuss a situation in which a Living Will might apply and would be of benefit to those involved. Once you have researched and discussed Advance Directives, draft a sample Living Will, indicating the type of content that should be found in such a document. Some students take this opportunity to prepare their own actual Living Will, and that certainly is encouraged. What Are Advance Directives? Advance directives are a written statement, made in advance by a legally competent adult, that appoint someone to make healthcare decisions if a person becomes incapable of making decisions and unable to communicate his or her wishes. Advance directives also provide instructions which define the type of treatment or care a person would want or not want under particular conditions. Doctors, other members of the healthcare team, family members and/or appointed “agents” use these documents to ensure that a person’s preferences are honored in a critical healthcare situation (National Hospice and Palliative Care Organization, 2008). Legal and Ethical Principles Legal Basis It is an accepted legal theory that a legitimately competent person is empowered to consent to or decline medical treatment - even if the declination results in death. In 1990, Congress passed the Patient...
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...intentional killing by act or omission of a dependent human being for his alleged benefit. (If death is not intended, it is not an act of euthanasia) ARGUMENTS FOR EUTHANASIA: It provides away to relieve extreme pain It provides a way of relief when a person’s quality of life is low Frees up medical funds to help people It is another case of freedom of choice ARGUMENTS AGAINST EUTHANASIA: Euthanasia devalues human life Euthanasia can become a means of health care cost containment Physicians and other medical care people should not be involved in directly causing death There is a “slippery slope” effect that has occurred where euthanasia has been first been legalized for only the terminally and later laws are changed to allow it for other people or to be done non-voluntarily. Opposition overcomes 48 point deficit to defeat assisted suicide - Ballot Question 2 in Massachusetts 1 1 0 Google BOSTON, Nov. 7, 2012 /PRNewswire/ -- In a stunning upset, the voters of Massachusetts soundly defeated Ballot Question 2 on Election Day. Dealing a significant setback to the expansion of the assisted suicide movement throughout the United States by Compassion & Choices (the organization formerly known as the Hemlock Society), a diverse coalition of disability rights organizations, medical associations, nurses' groups, community leaders and faith-based organizations united in this effort. "Tonight was a huge victory for those of us in the disability rights community...
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...“Proposal to the U.S. Government and U.S. Citizens” The United States of America (the United States) health care system has been described as most advanced and competitive, but at the same time inefficient and fragmented. According to the United States Census Board, health care system in the United States is ranked thirty-seventh in the world. More than 54% of the American Citizens are dissatisfied with the current health care system, but we also spend more than the citizen of other nations: we spend 15.9 percent of GDP on health care compared to other advanced countries in the world like France, Germany, United Kingdom, Canada, Japan and Australia (U.S. Census Bureau). Assessing the performance of the health care system is the most difficult task. Public and Private Health Expenditures as a Percentage of GDP. U.S. and some selected countries: (from Kaiser Family Foundation) A few years ago, when my mom turned forty years old, she discovered that she has a blood pressure problem. Prior to that she did not have a medical insurance when she found out about her problem. After discovering that she has a blood pressure problem, she applied for medical insurance in five or six health insurance companies, but they rejected her application because she had a preexisting medical condition. Finally, Kaiser Permentant Medical Insurance, accepted her application; however, they charged her twice the amount of monthly payment for her medical insurance. Around last year my mom had an anxiety attack...
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...about quality, you may wish to include discussion of some of the following: provide evidence on the current state of quality and patient safety in the U.S. health system: National attention is currently focused on the debacle of The Affordable Care Act’s (ACA) roll out. The Federal Health Exchange website, cancelling of thousands of insurance plans and the dismal enrollment numbers are some of the items inundating our headlines. One of the main goals of the ACA is to improve access to health care. It seems as though, with all the partisan squabbling, we do not see much in the media about how the ACA plans to address safety and quality issues. Medical errors and unsafe care are responsible for the death of an estimated 90,000 patients each year, costing more than $4.5 billion in hospital health care costs. According to the Agency for Healthcare Research and Quality (AHRQ), healthcare associated infections are one of the top 10 leading causes of death in the United States with approximately $33 billion in excess health care costs per year. For solutions to the healthcare cost conundrum, this is arguably the prime target for reduction. However, addressing the quality issue does come with its own challenges. For the most part, quality is seen as a quantity issue. We see overprovision of services driven by our current reimbursement model, underuse or under-treatment of chronic conditions, such as blood pressure and then there is misuse which stem from medical errors or adverse events...
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...believe that everyone should have the right to make choices about their lives and healthcare options. However their deaths are a whole different story. A quality of death is as important as a quality of life. However, modern technology has made it easier to live than to die. Everyone should have a choice concerning both their lives and their deaths. These choices should be based on an individual level, as everyone has their own level of well-being. Euthanasia and the Right to Die The voluntary moral permissibility of active euthanasia is based on the values of self-determination and individual well-being. Although euthanasia involves the deliberate killing of an innocent person, so does withdrawing life-sustaining treatment at a patients request and allowing the patient to die. The concept of a good death is something humans have contemplated since the beginning of time. It is also a concept that has changed significantly over time. In prehistoric time death was nonparticipartory, meaning that the person dying did not play apart in his or her own death, but rather death was experienced by the survivors. In premodern time death happened at home involving the dying person, the family, and the community. In modern times death would occur in hospitals controlled by physicians. The dying person and his or her family member had little to no participation in determining goals of care. Nowadays death occurs both at home and in institutions with a major emphasis on patient’s autonomy...
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...Professor Wendy White June 10, 2014 Question # 1: Describe the company and the product safety issue that led to the lawsuit. Baxter Pharmaceuticals is a healthcare company located in Deerfield, Illinois which was founded in 1931 by Dr. Donald Baxter. Baxter Pharmaceuticals was the first manufacturer of commercially prepared intravenous solutions. The company primarily “focuses, develops, manufacture, and markets different healthcare products that are used to save and sustain the lives of people with immune disorders, hemophilia, infectious disease, and other chronic and acute medical conditions.” ("Corporate overview," 2013) Baxter has been known as a very global diversified healthcare company that has a great reputation for its safety and effectiveness since 1931. “The company also has expertise in medical devices, pharmaceuticals and biotechnology to create products that advance patient care worldwide.” ("Corporate overview," 2013) On June 2009, there was a lawsuit placed again Baxter Pharmaceuticals (which is also known as Baxter Health Corporation) by Dennis Quaid and Kimberly Quaid. The Quaid’s filed suit against Baxter for liability and negligence for the “medical drug error” which nearly killed their twins. The Quaid twins (11 days old) were in admitted into Cedar-Sinai Medical Center to be treated for a staph infection. The doctor prescribe that the twins be given Hep- Lock 10 units/ml through continuous intravenous drip of antibiotics to cure there...
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...What kind of medical care would you want if you were too ill or hurt to express your wishes? Advance directives are legal documents that allow you to convey your decisions about end-of-life care ahead of time. They provide ways for you to communicate you’re wishes to family, friends, and healthcare professionals to avoid confusion later on. Advance directives centers around the principle of your right to die and death with dignity. With an advance directive, you can express how much or how little you want done for you when you are no longer able to make decisions. (Advance Directives) Legal documents can ease end-of-life decisions. Congress passed the Patient Self Determination Act (PSDA), which became effective in 1991. The act requires all health-care institutions that receive Medicare or Medicaid funds to provide patients with written information about their right under state law to execute advance directives, but it does not require states to adopt or change any substantive laws. The written information must clearly state the institution’s policies on withholding or withdrawing life-sustaining treatment. The PDSA also requires facilities to document in each patient’s medical record whether an advance directive has been executed, to educate staff and the public about the right to forgo treatment, and to ensure institutional compliance with state law. Violation of the act can lead to loss of federal funding. (Markus) One type of directive that patients in many states can execute...
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...do not use this site. Healthcare.com, Inc. ("Healthcare") may revise and update these Terms and Conditions at any time. Your continued usage of the Healthcare website ("Healthcare Site," or the "Site,") will mean you accept those changes. Index * THE SITE DOES NOT PROVIDE MEDICAL ADVICE * USE OF CONTENT * LIABILITY OF HEALTHCARE AND ITS LICENSORS * USER SUBMISSIONS / USER GENERATED CONTENT * PASSWORDS * HEALTHCARE SUBCRIPTION SERVICES * HEALTHCARE PUBLIC AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS") * ADVERTISEMENT, SEARCHES AND LINKS TO OTHER SITER * INDEMNITY * GENERAL * JURISDICTION * NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT * COMPLETE AGREEMENT The site does not provide medical advice The contents of the Healthcare.com Site, such as text, graphics, images, animations, videos, calculators, symptom checker and/or any information obtained from Healthcare's licensors, and other material contained on the Healthcare Site ("Content") are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Healthcare.com Site! If you think you may have a medical emergency, call your doctor or 911 immediately...
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...February 25, 1990. She did not have a living will or a durable power of attorney. Her husband, Michael Shiavo, was appointed her legal guardian. Because Ms. Shiavo was unable to swallow, a feeding tube kept her alive and nourished. Later that year, she was determined to be in a persistent vegetative state (PVS). Throughout the early 1990’s, Mr. Shiavo worked hard with his wife’s health care team, providing her with extensive rehabilitation, which included physical, occupational, and speech therapies. Despite this effort, Ms. Shiavo’s condition did not improve. After he accepted his wife’s prognosis, he worked to follow through with what he stated were her beliefs that she would not want to continue to be kept alive through the means of artificial life support. Her parents disagreed with his convictions of what his wife would want, and subsequently the most watched ethical dilemma played out for the world to see. (Perry, Churchill, & Kirshner, 2005). This case has been the focus of medical, legal, theological, ethical, political, and social controversy nationwide. The case alone threatened to undo thirty years of ethical and legal progress enabling individuals to control and limit medical interventions performed on them. (Hook & Mueller, 2005). This paper will discuss the ethical importance of the case and its effect on future practice, the legal proceedings and the results, the ethical principles that were violated, and the effect on the standards of practice. The ethical...
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... Jennifer was trapped in the burning go-kart for two minutes when her seat-belt finally burned through and she fell to the ground. George grabbed his sister and pulled her away from the fire. Jennifer was alive. She was lying on the asphalt alert, oriented, and coherent. She had suffered 3rd and 4th degree burns covering ninety-five percent of her body. She was suffering the worst pain imaginable. At the scene, Jennifer begged the rescue personnel to “let me die.” Instead, Jennifer was flown to a burn center in Mobile, Alabama, where she remained for one year until she was overcome by an infection and died. Medical personnel described Jennifer as suffering from the most agonizing physical pain they had ever witnessed. They said there was no way to effectively alleviate Jennifer’s pain without permanently sedating her, which would have resulted in death. Thus, this was not done. Jennifer was so badly burned that her two children (age nine and five) were not permitted to see her for...
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...The Right to Die Here in the United States we enjoy some of the most well defined personal and civil liberties found anyplace on the planet. We often make assertions about how free we are and loudly enjoy what freedoms have been granted. We have the rights to life, liberty and the pursuit of happiness, however so we also have the right to choose how it all ends? Should we be allowed to “pull the plug” on our own lives? Assisted suicide has become a battleground of personal rights, ethical dilemmas and moral boundaries that will rage for centuries, generations or countless millennia. One of the most common arguments for euthanasia and assisted suicide is probably the simplest, fear of suffering. Long suffering and painful wasting away motivates many people to...
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...FAITH AND PHOLOPHIES OF DIFFERENT RELIGIONS TOWARDS HEALTH CARE The problem of respecting the patients’ religious based decisions is playing an increasingly important role in medical practices probably because bioethical standards accentuate the principle of the respect for autonomy (the departure from medical paternalism) and the contacts between people belonging to different religious traditions are becoming more and more frequent because of globalization. (Silesian Medical University [SMU], 2006) For this research paper on analysis of world view of two faiths philosophies towards providing healthcare, we have chosen two faiths which are Christianity and Hinduism. Christianity and healthcare- Beliefs- Christian science is based on bible and teachings of Christ. There is emphasis on spiritual healing which is based on prayers. HealthCare Chaplaincy (2012) points out Christians beliefs: * Jesus Christ is the savior of humanity. * Jesus Christ is the holy son of God. * The Christian Scripture (New Testament) is a continuation of the Hebrew Scripture (Old Testament) * Believe in presence of spiritual powers that operates on mind and body. * Faith does not rest in blind faith, rather understanding perfection of god’s spiritual creation in present. * Illness believed to be the result of disharmony between mind and matter * Believe that healing occurs when one draws closer to God and experiences moral and spiritual change. Bible verses on health- 19 Do you...
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...The Hippocratic Oath and Medical Euthanasia Rick Slaven – Ethical Dilemma Case Study EDLC 702 “They were all doctors.” – Auschwitz survivor “I will prescribe regimens for the good of my patients according to my ability and my judgment and never do harm to anyone.” This is the third line of the Hippocratic Oath in its second English translation. This Oath, commonly attributed to Hippocrates, is the binding document that requires physicians to practice medicine honestly and to uphold a number of professional ethical standards. (Miles, 2005) From early times, the medical profession has had a strong commitment to ethical behavior in professional practice. In modern times, physicians argue that” the Hippocratic Oath is inadequate to address the realities of a medical world that has witnessed huge scientific, economic, political, and social changes, a world of legalized abortion, physician-assisted suicide, and pestilences unheard of in Hippocrates' time.” (Tyson, n.d.) The Declaration of Geneva was adopted by the General Assembly of the World Medical Association at Geneva in 1948. It was felt that the Hippocratic Oath needed some modernization of the humanistic goals of medicine in lieu of the tragedies experienced in World War II. The precepts of the Oath of Geneva include this sentence, I will practice my profession with conscience and dignity; the health of my patient will be my first consideration. Euthanasia, also known as assisted suicide, physician-assisted suicide...
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