END-OF-LIFE DECISION-MAKING (PART 2) Flashcards
(50 cards)
rights of patients who are leglly competent to consent
Patients who are legally competent to consent to medical treatment also have the legal capacity to refuse to consent to medical treatment.
Courts general recognition of mentally competent patients
The courts generally recognise that a mentally competent patient has a right to request the withdrawal or withholding of medical treatment, even if the withdrawal or withholding of treatment may result in the underlying illness or injury causing the patient’s death.
Case law illustrating LEGAL POSITION REGARDING END-OF-LIFE DECISIONS MADE BY MENTALLY COMPETENT PERSONS: CONSTITUTIONAL POSITION
Minister of Justice and Correctional Services v Estate Late James Stransham-Ford
What legal principle in the Stranshamford case allows a person to decline life-prolonging treatment?
The principle of autonomy, which is constitutionally protected, permits individuals to refuse treatment that would extend life
How is medical treatment administered without consent legally viewed acc to Stranshamford?
It is regarded as an assault, since patients always have the right to refuse treatment.
Stranshamford on What is the legal implication of a patient choosing not to receive medical intervention?
The patient is allowing the natural progression of their condition, rather than actively causing their own death.
Which types of medical interventions can a patient legally refuse acc to the stranshamford case?
- Invasive surgeries
- drug administration
- therapeutic procedures
- use of medical devices like respirators
- artificial feeding.
Which constitutional rights are central to a patient’s ability to refuse medical treatment acc to Stranshamford?
- The right to dignity (Section 10)
- the right to bodily integrity (Section 12(2)(b) of the Constitution).
What legal obligation exists regarding patient awareness before refusing medical treatment
Patients must be informed of their right to refuse treatment, along with the consequences, risks, and responsibilities associated with such refusal.
How does the National Health Act address refusal of health services?
Section 6(1)(d) ensures that patients provide an informed refusal by acknowledging potential outcomes, including death, and taking necessary measures regarding their estate.
What must a patient understand before declining medical intervention?
They must grasp the implications of refusal, including possible risks to their health and personal obligations related to their estate.
Why is informed refusal a crucial aspect of patient rights?
It upholds autonomy by allowing individuals to make educated decisions about accepting or declining healthcare services.
What broader principle does the requirement for informed refusal support?
The recognition of patient autonomy and dignity in medical decision-making, ensuring individuals have full knowledge before refusing treatment.
Why can’t mentally incompetent patients provide valid consent or refusal for medical treatment?
They lack the ability to understand the nature and consequences of accepting or rejecting medical intervention
Which legal framework governs the authority to consent to medical treatment for mentally incompetent individuals?
The Mental Health Care Act and Section 1 of the National Health Act specify who is legally competent to provide consent.
How can patients who may become mentally incompetent ensure their medical decisions are respected?
Section 7(1)(a)(i) of the National Health Act allows them to appoint a proxy in writing to make decisions on their behalf.
What authority do individuals with legal capacity over mentally incompetent patients hold regarding treatment withdrawal?
They can consent to the withholding or withdrawal of treatment, even if it results in passive euthanasia.
How is a substitute decision-maker determined when a patient becomes incompetent?
A patient-selected proxy (PSP) is identified based on their ability and willingness to reflect the patient’s most recent or likely wishes.
Who qualifies as a “closest relative” in medical decision-making?
The patient’s spouse, extended family members (grandparents, parents, siblings, children, nieces, nephews, aunts, uncles, first cousins), or anyone who shares a household with the patient.
What is the role of an authorized representative in healthcare decisions?
An authorized representative is appointed to act on behalf of the patient, with either specific or broad authority to make decisions.
How can competent patients ensure their medical preferences are respected if they become incompetent?
They can create advance directives, such as a living will, to specify their healthcare wishes in advance.
What is the purpose of a living will in medical decision-making?
It directs that life-sustaining treatment should be withheld or withdrawn if the patient suffers from an untreatable disease or injury, allowing them to die naturally.
Whta is a living will?
A‘living will’ is a written document in which the maker states that they are of sound mind.
3 prerequisites of a living will
It is signed by:
the maker in the presence of two witnesses;
each witness in the presence of the maker and the other witness
