A Patient's Rights to Refuse Treatment and How it Relates to Learned Helplessness of Individuals

The aim of this essay is to presents a critical analysis over the nursing dilemmas around capacity and her limitation by presenting example from the author’s practical experience. The names of the patients will be replaced with pseudonyms for confidentiality purposes according to the Nursing and Midwifery Council NMC(2015) Code of Conduct. Consent is often misunderstood. Mental Capacity is a complex topic and often health professionals tend to provide treatment which may be in the patient 's best interests but not always in accordance with his will and preferences thus adhering to Personal-Centred Approach. Further will be discussed Assessment of capacity and risk assessment, The Principle of Best Interests, Deprivation of Liberty Safeguards(DOLS), accepting Advanced decisions if they are in place. Moral and ethical considerations asociated with mental capacity will be presented throughout the essay.

Do I have the right to refuse treatment (NHS, 2011) states that, if you hold enough mental capacity and are able to make an informed, sound decision to refuse treatment, your decision should be respected, even if the decision resulted in death.

Sule stated that, “The Patient Bill of Right adopted by American Hospitals Association states that ‘a patient possesses the right to be informed of the medical consequences of his or her actions and decisions and refuse treatment to the extent permitted by the law’. However, this is true only if the patient is in position to understand the consequences of his treatment. Incompetent, senile patients neither have the correct judgment regarding which treatment is appropriate for them, nor are they in a state of understanding the implications of their treatment. In such case, their willingness to grant or deny consent cannot dictate the course of treatment.” Problem with the Act is being able to find that the patient component enough to make such a call. Another issue that Sule stated was on confidentiality and autonomy. According to Sule, “This is another ethical issue erupting from the conflict of patient's rights and professional ethics in nursing job and profession. The Patient Bill of Right makes it mandatory for the medical practitioners to reveal the form and extent of the ailment along with the course of treatment to be undertaken by the practitioners. However, this law of autonomy clashes with the nursing ethic that the professional should maintain high degree of confidentiality regarding the patient's health and treatment.” This can cause conflicting issues in the NP’s

Lacking of knowledge can lead patient refuse treatment including life style changes, diagnostic tests and medications.

Although there are several debates against this view point, it is not up to anyone else to make decisions of the ill and infirm. As such it should be recognized that “patients have a right to make

The Human Rights Act 1998 upholds the person/patient rights to make decisions on whether to accept or decline treatment ("UKCEN: Ethical Issues - Consent", 2016).

The law also allows a physician to deny performing the treatment for personal beliefs. Yet, if the harm is done and the patient is incurable, the doctor can save tremendous pain and suffering of patients. With the multitude of obstacle courses the protocol have set in place, have been thought out and designed to protect the rights of not only the patient but

It is a basic principle of law in this country that an adult, mentally competent person has the right to refuse treatment. The court of appeal has emphasised that provided the patient has the necessary mental capacity, which is assessed in relation to the decision to be made, then he or she can refuse to give consent for a good reason, a bad reason or no reason at all (Dimond, 2008). However, in this case it is in the best interest of the patient that the MDT administrated medication covertly. The legal issue identified in this case relates to the issue of consent. Within the case study professionalism had to challenged when it came to the capacity of the patient. The MDT had to resolve the legal issues associated with capacity and consent.

In the United States all patients are granted certain rights and if denied these rights they can take legal action. Every individual has the right to participate in all aspects of their care (Pozgar, 2012). Patients must be informed by their care team of the risks, benefits, and alternatives to treatment. After that it is up to the patient to determine whether or not they want to forego treatment or not. “Failure to respect this right can result in legal action for assault and battery” (Pozgar,

As stated in Joseph A. Carrese’s article “Refusal of Care: Patient’s Well-Being and Physicians’ Ethical Obligations,” introduces the fundamental principles and responsibilities that physicians have in order to preserve the welfare of their patients in any circumstances. On the other hand, Debbie Dempsey, author of “Refusing Treatment: Practical, Legal, and Ethical Issues,” strongly supports the patient’s right to make their own medical choices, whether it be to accept or decline any help. W.D Ross solidifies the dependent yet incompetent patient to not refuse care and treatment because the physician has a duty of fidelity, beneficence and a duty to

Patient's decision-making is influenced by several factors. Patients may change their decisions, from accepting or refusing treatment depending on the available treatment options. The capacity of the individual to make informed medical decisions can differ as the patient's status changes cognitively, emotionally, and/or physically and as the proposed treatment interventions change. Treatment refusal is a common situation faced by clinicians. Patients do not usually refuse the medical advice if the advice is of good intention. When patients refuse an advice, it indicates some underlying reasons related to the patients or family, factors associated with the physician as well as social and organizational issues.

As a care worker we need to ensure that we do not refuse to give the residents the treatment or care they need no matter what we think of them or who they are, the residents are relying on you and so are their families so we need to make sure they get the correct treatment and care they need. In our care home we want to ensure that all the residents receive the same amount of care and they all receive the treatment they need so they are in less pain as possible and helping them get better. For example, denying a resident lifesaving treatment because they are at an older age and may not have long left, this would be wrong because we want to ensure that the residents in the care home get the treatment they need no

Before I, examine, treat or care for a patient, their consent must be obtained. I need to ask myself, do they understand the information given to them, so that they can make an informed decision, about the benefit, risks and alternatives if available, or their consent may not be valid. There are a number of policies that are relevant. Informed Consent Policy. (Local Policy)Mental Capacity Act 2005This act provides a framework to protect vulnerable persons who may not be able to make decisions for themselves.Presumption of Capacity, Being supported to make their own decisions, making decisions to be seen unwise Does not make them incapable.Done on their behalf; consider less restrictive to their rights.Provisions Advance Decision Making.Individuals' can pre plan a decision to refuse treatment should they become incapable in the future. It is a criminal offence to mistreat or neglect a person who lacks capacity.This has been covered whilst being observed.Should I at any time be unable to obtain consent I would raise the issue with my senior nurse. One of the steps that can be used is to have an advocate appointed to support the person who lacks capacity and has no on

Patients in the United States have a right to refuse care if treatment is being recommended for non-life-threatening illnesses according to the Washington School of Medicine (2012). The simple task of refilling a prescription, or choosing to not get a flu shot are all acts of not following through with treatment mechanisms. Patients often times refuse medical treatment for far more reasons than just religious beliefs. Subconscious emotion reasons about side effects, pain, healing time, and the procedure itself scares patient’s away (Washington School of Medicine, 2012).

In medicine, capacity refers to a patient’s ability to make rational decisions in regard to accepting or refusing treatment. Rational ability to make “decisions fall into four categories; ability to evidence a choice, ability to understand relevant information, ability to appreciate the situation and its likely consequences, and the ability to manipulate information rationally” (Leo, 1999, 131). While a physician can question a patient’s capacity on one or more of the four categories, it is presumed that patients have capacity. This is due to the fact that there is presumption of capacity in law. In other words, the law presumes that an adult of sound mind can refuse medical treatment. However, if a doctor questions a patient’s