Medical Law Essay Example | Topics and Well Written Essays - 2750 words

Medical Law - Essay Example Protection and preservation of life is therefore an inherent right. If a person refuses further treatment, or a woman elects her own life over her unborn child or a person’s living will is ambiguous, The objective of this paper is to harmonize the right of a patient to choose over the obligation of the medical practitioner to respect their wishes A. This is the dilemma spawned by 15 year old Adrienne who, enabled by the support and understanding of her parents, refused a third round of kidney transplant and a lifetime regimen of anti-rejection drugs to save her life. The doctors strongly believe that Adrienne should have the surgery and doubts if Adrienne, a minor, had made valid and informed choice considering her parents’ unconditional encouragement to decline further kidney transplantation if Adrienne so desires. The South Hertfordshire Primary Care Trust (Trust for brevity) must strike a balance between the advocacy of doctors to promote and preserve life or to abid e by the patient’s choice to decline further treatment. ... The prognosis, potential risk involved, quality of life after surgery and other consequences of the treatment or lack of it must likewise be laid down for the determination of the patient. It is not sufficient though that the medical practitioner perfunctorily mutter the information, rather it must be ensured that the patient understood the choices available. After giving the potential benefits and risks of the proposed treatment, any choice exercised by the patient must be respected and any treatment must in accordance with the patient’s will and instructions. In arriving at the decision, the patient must display mental competence or intellectual capacity to make informed choices including the consequences if any. Capacity or competence may be gleaned from the questions propounded or views expressed by the patient regarding the treatment (Mental Capacity Act 2005)2. The medical practitioner must be available to answer the questions but nonetheless the advice must be free from biases or prejudice and must not influence the patient one way or the other to undergo surgery or treatment unless it is the explicit desire of the patient (General Medical Council)3. The primordial motivation of a medical practitioner is to promote health for the benefit of the patient under beneficence principle (Hope)1. In the promotion of the patient’s benefit however the medical practitioner must subordinate his professional recommendation if it runs counter with the belief or intention of the patient. Respect to the patient’s instructions should prevail over the expert assessment notwithstanding that without such medical treatment, the patient is exposed to a more serious health problems. In giving medical advice, it is likewise incumbent