Discuss under what circumstances a patient might refuse treatment. RIGHT TO REFU

Question

Discuss under what circumstances a patient might refuse treatment.

RIGHT TO REFUSE TREATMENT is grounded on lack of confidence in the physician , fear of the individual's right to make deci- sions vitally affecting his private life according to his own conscience .. is difficult to overstate because it is ithout exaggeration, the very bedrock on which the procedure, doubt as to the value dure, or mere whim. The U.S. Supreme Court stated that the "notion of bodily integrity has been embodied in the requirement that informed consent is generally required for medical treatment" and the "logical corollary of the doctrine of informed consent is that the patient generally possesses the right not to consent, that is, to refuse treatment."9 The common law doctrine of informed consent is viewed as gen- erally encompassing the right of a competent individual to refuse medical treatmer this country was founded Wons v. Public Health Trust27 Adult patients who are conscious and mentally competent ht to refuse medical care to the extent permitted ven when the best medical opinion deems it essen- tial to life. If a patient rejects treatment, the hospital should The question of liability for performing a medical or sur gical procedure without consent is separate and distinct from any question of negligence or malpractice in performing a procedure. Liability may be imposed for a nonconsensual touching of a patient, even if the procedure improved the patient's health take all reasonable steps to inform the patient of the risks of refusing treatment. to permit a right can result in a legal action for assault and battery. Coercion through threat, duress, or intimidation must be avoided. The courts perform a balancing test to determine whether Every person has the legal right to refuse touching of his or her body. Failure to respect this treatment. The courts balance state interests, s vation of life, p to override a competent adult's decision to refuse medical uch as preser- n of sul- rotection of third parties, preventio cide, and the integrity of the medical profession, against a atient's right to make decisions regarding his own patient's rights of bodily integrity and religious freedom. Th most frequently used state right to intervene in a patient's health care is addressed in the Patient Self-Determination ct of 1990.28 The Act provides that each person has a right decision-making process is for the protection of third par under state law (whether statutory or as recognized by the ties. The state of Illinois, in In re Fetus Brown,3° asserted that courts of the state) to make decisions concerning his or her medical care, including the right to accept or refuse medical its interest in the well-being of a viable fetus outweighed the patient's rights to refuse medical treatment. The state argued that a balancing test should be used to weigh state interests against patient rights. The appellate court held that it could not impose a legal obligation upon a pregnant woman to surgical treatment A competent patient's refusal to consent to a medical or surgical procedure must be adhered to, whether the refusal

Explanation / Answer

Answer: The patient might refuse treatment under following circumstances as below

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