Can you do that legally....?

[TheNiteSiren]

I have a friend with a long term medical problem. He wants to make arrangements so that he can outright refuse any of the medical treatments that help treat his condition. The treatments are painful and he insists that this was how God made him so he should just allow nature to take it's course. Is this legal or even possible?

 

[norfolklad]

I have a friend with a long term medical problem. He wants to make arrangements so that he can outright refuse any of the medical treatments that help treat his condition. The treatments are painful and he insists that this was how God made him so he should just allow nature to take it's course. Is this legal or even possible?

As far as I understand it, in the UK it's actually the other way round - you have to consent to treatment and for a doctor to carry out treatment without consent would be an assault.

Consent for/refusal of treatment depends on the patient having the mental capacity and being of an age (ie over 18) to make the necessary judgement.

The decision must also be voluntary and appropriately informed.

 

[drinkz]

Munky was the first to troll. Query won the war. Putting that much effort into trolling just means you're pathetic in real life.

 

[Ldy_Sea]

I don't know about UK law but in the US we have a "living will" specifying what medical treatments you want and what you don't. Otherwise if you lose consciousness consent can be assumed unless documented otherwise. No one can force you to get treatment, unless you are mentally incapacitated or underage. Your best bet is to contact a lawyer who knows the in and outs of medical laws in your area.

 

[Paul_Chance]

Yes.

Your friend wants to do three things:

First, they will want to complete an Advanced Medical Directive for the state in which they reside. This is a legal document that specifies the care they wish to receive or not receive in the event they are incapacitated and unable to communicate or lack the mental conditions necessary for informed consent.

Second, they will want to complete a DNR (do not resuscitate) order. This should be carried on them at all times. (They are available in card form.)

Third, they want to assign a trusted friend a medical power of attorney, so that friend can make the necessary decisions if and when they become incapacitated.

Finally, they will want to sit down and explain to all their friends/loved ones that these documents exist and that they are to be followed. Copies should be provided to their points of contact, so they can act appropriately in the time of need.

They would do well to engage a lawyer, as sometimes family, loved ones, or in even the state will insist on care when it is not wanted. If they cannot afford an attorney, then I would suggest they contact their local legal aide society.

I wish them the best of luck.

 

[Ldy_Sea]

Wrong thread

 

[WomanInProgress]

In most European countries you can refuse treatments. There are certain standard forms to be filled in co-signed by a lawyer in case there is an emergency and the patient is not able to think clearly or talk to convey his wishes.

Really not sure about the law in the US, maybe it even is state law, so best is your friend talks to a lawyer about it.

 

[silverwhisper]

nitesiren: you already got the information you needed.

however, i'm kinda curious: why on earth would it not be legal to refuse some kind of medical treatment or procedure? there are only some very, very specific circumstances in which an adult's ability to choose for themselves can be trumped by anything, and they generally relate to mental competency.

ed

 

[Ldy_Sea]

nitesiren: you already got the information you needed.

however, i'm kinda curious: why on earth would it not be legal to refuse some kind of medical treatment or procedure? there are only some very, very specific circumstances in which an adult's ability to choose for themselves can be trumped by anything, and they generally relate to mental competency.

ed

Unfortuntly that's not always the case. Look at that teen girl in MA I believe who was taken away from her parents cuz some er doc who had never seen her before disagreed with her PCP's diagnosis and accused the parents of over medicating her and when the parents tried to leave the hospital for a 2nd opinion they were arrested and are only allowed limited supervised visits with their daughter. Who is now a ward if the state and confined to a wheelchair in a hpital when she was able to walk under her parents care.

 

[silverwhisper]

was that teen girl an adult? i haven't heard that story: have you got a link?

ed

 

[Ldy_Sea]

http://www.bostonglobe.com/lifestyl...ssachusetts/puyPhesGkKE6rGLid2VM2L/story.html

She is currently 15.

 

[GiggLeGasm]

The situation is different when it concerns the welfare of a child.

Regarding the question about why it would not be legal to refuse a treatment - usually a patient is able to make these decisions. In some instances, patients are unable to fully comprehend informed consent. If the person is found to be frequently in need of emergency care or is otherwise unable to manage life because of decisions related to the disease, the person may be found unable to make his or her own medical decisions and will either be placed under the care of a guardian who will participate in healthcare decisions or be placed in a long term care facility so that someone else is responsible for things like daily bathing, medication administration, and making sure meals are available - even if the person is otherwise competent. Sadly, this is not always a result of mental disease or defect. So, while we think this type of intervention is only used for a small population, there are a number of reasons why a person may be in this situation.

 

[subrinablaze]

You have great advice about advanced directives, living wills and naming someone to make sure decisions are followed. One can be very specific in what they want or do not want done. A lawyer can make sure everything is done right and tight. When someone comes into the facility I work at, their advanced directives/living will/hcpoa or guardian forms are scanned into the electronic medical record so they will always be readily available. I'd suggest talking with his or her doctor(s) and make sure they know their wishes AND talk to their friends and family.