May 12, 2021

Medical Power Of Attorney Represents

If the family opinion is not necessary for an incompetent patient, why should this be important for a competent patient? What if the patient has no family or friends or is incompetent and without family?Then, Section 6 provides for Palliative Care. Luxembourg: Patients suffering from incurable, unbearable physical/mental pain, can end their life with the help of a doctor. How will an incompetent patient give consent to withhold or withdraw consent? This section provides that even though medical treatment has been withheld or withdrawn by the medical practitioner in accordance with the Bill, such a practitioner is not debarred from administering Palliative Care.A provision such as Section 9 of the Bill, which provides for permission to be obtained from the High Court, should only come into play in cases of disputes. In case the decision is taken by the patient along with his family members and consequently it is the family members who need the immunity, this is a major shortcoming. This section is in conflict with Section 3, which only permits a competent patient to refuse medical treatment. It’s time we recognise that the patient autonomy is of paramount importance. Usually, it’s the patient’s family members who end up taking critical decisions.

According to Section 3(3) of the Bill, before giving effect to the decision of a competent patient, the medical practitioner shall not give effect to such a decision for a period of three days following the intimation given to the patient’s relatives. A living will or advance medical directive or medical power of attorney represents the patient’s wishes in case he or she becomes incapacitated due to a terminal illness or otherwise. The Bill has invalidated both. Passive physician assisted dying is also legal if death is inevitable.Secondly, Section 3 of the Bill provides for refusal of medical treatment by a competent patient (including a minor aged above 16) and its binding nature on the medical practitioners. This cannot be duplicated in the High Court.). This provision states about the request or decision, if any, communicated by the “patient and his opinion”. The Government of India has solicited public opinion and comments for the formulation of a law on “passive euthanasia”. A living will or advance medical directive or medical power of attorney represents the patient’s wishes in case he or she light elastic adhesive bandage becomes incapacitated due to a terminal illness or otherwise. These are complex medical decisions based on bedside understanding of the prognosis and communication between physician’s team and the patient’s kin.Die-hard factsNetherlands: Allows physician assisted death under strict conditions if person is suffering unbearable pain, incurable illness and has made plea in full consciousness.Where a patient is suffering from terminal illness, there is the aspect of End Of Life Care which the Bill has not considered. From a medical perspective, there is a belief that there is no reason why there should be a delay of three days in implementing the wishes of a competent patient.