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Patient's Rights

I need help with the following questions. Thanks.

1. In the context of Patient's Rights in health care, what impact has the Patient Self Determination Act on health care environment?

2. How do you respond to a patient who refuses medical care because of religious reasons especially if the diagnosis is treatable?

3. How do you balance full disclosure vs. protection of the organization from liability?

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Hi,

Excellent questions! Let's take a closer look.

RESPONSE:

1. In the context of Patient's Rights in health care, what impact has the Patient Self Determination Act on health care environment?

A health care advance directive "is the primary legal tool for any health care decision made when you cannot speak for yourself. "Health care advance directive" is the general term for any written statement you make while competent concerning your future health care wishes. Formal advance directives include the living will and the health care power of attorney" (http://www.abanet.org/publiced/practical/directive_whatis.html).
Patients' Rights in health care include the patient's right to advanced directives; this is the relationship with the Patent Self Determination Act, which deals with advanced directives.

What is the Patient Self-Determination Act? Most hospitals, nursing homes, home health agencies, and HMO's routinely provide information on advance directives at the time of admission. They are required to do so under a federal law called the Patient Self-Determination Act (PSDA).The PSDA simply requires that most health care institutions (but not individual doctors) do the following:

1. Give you at the time of admission a written summary of:

? your health care decision-making rights (Each state has developed such a summary for hospitals, nursing homes, and home health agencies to use.)
? the facility's policies with respect to recognizing advance directives.

2. Ask you if you have an advance directive, and document that fact in your medical record if you do. (It is up to you to make sure they get a copy of it).

3. Educate their staff and community about advance directives.

4. Never discriminate against patients based on whether or not they have an advance directive. Thus, it is against the law for them to require either that you have or not have an advance directive (http://www.abanet.org/publiced/practical/patient_self_determination_act.html).

2. ...

Solution Summary

In the context of Patient's Rights in health care, this solution discusses the impact of the Patient Self Determination Act on the health care environment, as well as how to respond to a patient who refuses medical care because of religious reasons especially if the diagnosis is treatable. It also discusses how to balance the full disclosure vs. protection of the organization from liability.

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