Part 1 – Case Study – Ethics Issues Versus Legal Issues

Part 1 – Case Study – Ethics Issues Versus Legal Issues

Review the following case and provide your impression by responding to the
questions below. Provide supporting references for your position. Write at
least 3 to 5 pages of commentary, with supporting references in APA format.

• Should informed consent be
  different for different cultures? Why or why not?
• How should medical
  professionals and health care organizations balance cultural preferences
  with full disclosure?
• Discuss the legal,
  regulatory, and informed consent issues applicable to the case study.
• How would you apply the
  policies of informed consent when dealing with ethical dilemmas in health
  care?

Should adolescents be allowed to make their own
life and death decisions?

A patient is brought to the emergency room after an accident. The physicians
believe that he will die if he does not receive a blood transfusion, but he
says that he is a Jehovah’s Witness and will not accept blood. A cancer patient
has undergone months of debilitating therapy with discouraging results, she
says she does not want any more treatment. What if they were 15 or 16 years
old? Would they have the same rights or could their wishes be overruled?

If there is one Golden Rule of contemporary bioethics, it is that competent
adults are legally and ethically empowered to make health care decisions for
themselves. Competent, in this context, means able to understand the choices
and the consequences of the choices made. People base these decisions on
values, preferences, personal experiences, religious beliefs, the availability
of alternatives, level of pain and suffering, economic consequences, or any
combination of these and other factors.

Except in unusual situations, parents are presumed to be in the best
position to make these decisions for their children. Children, especially young
children, are assumed to have neither the cognitive skills nor the mature
judgment to make complex choices that may have far-reaching health
consequences. Parents share the consequences of the decision so they make
decisions with the best interests of their children and themselves in mind.

But, adolescents are neither children nor fully mature adults. Where do they
fit in this scheme? (Levine, 2007, p. 164–165)

Part 2 – Case Study – Informed Consent

Review the following case and provide your impression by responding to the
questions below. Provide supporting references for your position. Write at
least 3 to 5 pages of commentary, with references in APA format.

• Should informed consent be
  different for different cultures? Why or why not?
• How should medical
  professionals and health care organizations balance cultural preferences
  with full disclosure?
• Discuss the legal,
  regulatory, and informed consent issues applicable to the case study.
• How would you apply the
  policies of informed consent when dealing with ethical dilemmas in health
  care?

Is informed consent still central to medical
ethics?

The Patient Self-Determination Act, a federal law that went into effect in
1991, requires health care institutions to advise patients about their right to
accept or refuse medical care and to offer them an opportunity to create an
advance directive indicating their medical choices, should they become incompetent.
Nevertheless, there is considerable evidence that patients and their designated
health care proxies are not brought into decision making at the end of life in
a timely and effective way. There are also some limits on what kind of
information must be provided to patients.

In the 1993 case of Arato v. Avedon, the California Supreme Court supported
information sharing and patient-centered decision making, but ruled that
doctors need not supply explicit statistical information about life expectancy
to patients.

Nonetheless, the concept of informed consent from Western political and
ethical theories that place a high value on individual self-determination,
remains a central principle in the U.S. Cultural groups who have different
traditions may not share this value. (Levine, 2007, p. 20)

Additional Requirements

• Written communication:
  Written communication should be free of errors that detract from the
  overall message.
• APA formatting: Your
  assessment should be formatted according to APA (6th edition) style and
  formatting.
• Length: Submit both parts
  in one document of 6–10 typed and double-spaced pages.
• Font and font size: Times
  New Roman, 12 point.
• Research: Use a minimum of
  six credible sources. Refer to the Research Resources in the left
  navigation menu for help finding credible sources.

Reference

Levine, C. (2007). Taking sides: Clashing
views on bioethical issues (12th ed.). New York, NY: McGraw-Hill Higher
Education

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