CHALLENGES OF CAPACITY AND DECISION MAKING

CHALLENGES OF CAPACITY AND DECISION MAKING

THE ROLE OF FAMILY, HEALTH CARE PROVIDERS AND AUTONOMY

WALDEN UNIVERSITY

 

 

Introduction

It is a constitutional right in the United States that every individual has the right to make his or her own decision regarding health. That includes the right to refuse medication or any medical treatment, even if it means saving the patient’s life. Controversially, is the issue of how much autonomy can a patient have when the capacity to make certain decisions is questionable? Health care providers are required to get an informed consent from patients and should ensure that the right of the patient and the ability to make conscious decision is respected. Family members should also respect the capacity of their loved ones in making these decision and follow the wishes. Legal doctrines such as state legislations, advance directives and the use of a power of attorney have been implemented to address some these issues.

Legal Issues of the Presented Case

The issue is complex and conflicting but choosing the right path should work in the best interest of the patient. The diagnoses of Alzheimer’s disease coupling with the preliminary results of mild dimension is a factor relevant to this case because this could highlight evidence of his incapacity to make sound health care decisions. However, before anything can be finalized a complete assessment of Mr. John’s capacity should be done. This includes the ability of the patient to understand the risks, alternative and benefits; express what kind

1trial seal21