what is the legal and ethical issues around patient capacity and the surrogate decision making. The patient refuses surgery and surrogate daughter want everything done. The social worker think the daughter is afraid of an elder-neglect investigation if the father dies.
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Get Help Now!Review Appelbaum, P.S. (2007). Assessment of patients’ competence to consent to treatment. New England Journal of Medicine, 357(18), 1834-40. www.merckmanuals.com/home/fundamentals/legal and ethical issues
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According to the American Medical Association, which is the preeminent authority for doctors in the United States, In some instances, a patient with diminished or impaired decision-making capacity can participate in various aspects of health care decision-making. Therefore, the patient in (your) scenario may have the ability to have their autonomy honored in regard to decision-making as the AMA placates that the attending physician should promote the autonomy of patients with diminished capacity by involving them to a degree commensurate with their capabilities. Because a surrogate, his daughter, has been given decision-making rights, the next step will be to determine if the patient is competent from a legal standpoint, which will be decided by a judge, and can only be determined after a psychiatrist determines if the patient’s mental capacity to make decisions meets the necessary criteria.
These conclusions will then go to a judge wherein the judge will …
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