The Patient Self-Determination Act, adopted in 1991, enables adults to make choices for themselves about medical services, therapies, drugs, and treatments they receive if they couldn't communicate their wishes. This law requires that clinics, hospitals, nursing homes and other healthcare organizations inform patients about their right to authorize treatments in a document called an advance medical directive.
Use of the Patient Self-Determination Act (PSDA) guidelines and formation of similar Advance Directive records in the pediatric setting are developing gradually considering their very clear necessity as we have witnessed this last year and are now being sought for a wide variety of protections. It is our emphatic belief that all people ought to be familiar with the potential of these legal documents to protect them from coercion, harassment, discrimination, medical malpractice, accidental or wrongful injury, to guard against financial loss and provide evidential aid to litigation should their right to choose be violated.
An Advance Medical Directive is a legal document that tells medical specialists and medical care providers how you would like them to carry out treatment with regards to the choices you have made for present and future medical and emergency care, regardless of whether you can't vocalize these choices for yourself.
Considering recent events this legal document is now being used for this traditional purpose and also for many other applications in order to protect themselves.
When you have properly completed and filed your Advance Medical Directive into your clinical/patient records, your physicians and other medical services providers can treat you in accordance with your documented wishes as expressed in your Advance Medical Directive.
There are two fundamental sorts of advance mandates (and many more now considering current events). The basis of these are:
A Living Will, the most common type, tells your doctor or medical services provider in writing what kind of clinical considerations, consents and prohibitions you have in-case you become incapable of communicating these choices for yourself.
A Durable Power of Attorney for medical choices or a Medical Proxy permits you to name someone, like a parent, spouse, wife, child or dear companion, to act on your behalf or to act as your patient advocate in the event that you can't pursue clinical choices for yourself.
It is important to be sure that this person agrees to act as your "agent or advocate" and to discuss what medicines and treatments you would consent to and those you would prohibit, as well as your short and long-term objectives and values.
Your state's regulations might permit you to have both a living will and a sturdy legal authority or to join them in a solitary structure. You might need to address a legal counselor or contact your state or nearby bar relationship about your state's regulations concerning these 2 types of Advance Medical Directives.
Advance Medical Directives should be filled out and notarized.
Then you should make copies of your completed directives to keep in your files, give to loved ones and keep in your vehicle.
Next you should take your medical directives to your doctors, nurse practitioners, specialists, medical facility administrators, employers, schools and public organization that you are a part of who might need to know your wishes in the event that a decision must be made relating to the choices you have put into writing on your directive.
Lastly you need to ask for a receipt showing that you filed your directives with each organization so that it cannot be claimed lost or never submitted. If anyone refuses to accept your directive, mark on it the name of the person and organization who refused to file it for you along with the date and time of refusal. Keep receipts and refusals in your files in case they are needed. If your directive is refused, try to file it with another staff member higher up in the chain of command.
If you have been injured or harmed financially by the actions of an organization or individual who has ignored your filed medical directive, you can take your evidence to an attorney who can advise you of what legal remedies may be available to you since you have evidence to prove your claim.
Advance Directives are being used for other purposes as well in light of recent events. Some of these include:
- To help serve as a buffer against future employment termination based on a new condition of employment such as a medical treatment mandate for employees. Having an advance medical directive in place when first employed or before a mandate takes effect can help ensure that if your employment is terminated because of non-compliance, you should still be eligible to receive unemployment. It may also provide evidence of discrimination to help attain remedy for financial losses resulting from your termination.
- To ensure that if you or your loved ones are treated against their wishes that there would be evidence of this in writing, so that you have a better chance of being granted restitution for damages due to wrongful injury or financial loss.
- To help avoid being injured by treatments that may be harmful to you given your unique medical history. - To help protect the relationship you have built with your primary care physician, so that the mandates of public health organizations do not take precedence over or interfere with the treatment plans you have in place.
- To protect children from being coerced or treated in school without parental knowledge or consent.
- To help public organizations see that the potential cost of litigation may outweigh the cost of subsidy loss for noncompliance with discriminatory mandates.