Words: Apa 2 Sources: The Living Will Is A Relatively New Do

250 Words Apa 2 Sourcesthe Living Will Is A Relatively New Doctrine An

The living will is a relatively recent development within the framework of English Common Law, emerging primarily as a response to extraordinary medical advancements in the 20th century (Hammes & Rooney, 1998). Historically, the law permitted individuals to make medical decisions only when they possessed the capacity to do so. Once competency was lost, decisions regarding treatment were delegated to designated surrogates or physicians, following strict legal protocols. These traditional regulations did not account for the possibility of planning in advance for future incapacity, thus neglecting scenarios where patients might wish to refuse treatment proactively. The advent of living wills and advance directives has aimed to bridge this gap, providing individuals with a means to express their healthcare preferences ahead of time (Kapo & Dabney, 2013). However, critics argue that these instruments may introduce complications, such as ambiguity in interpreting patient wishes or conflicts between advance directives and medical judgments. For instance, a person may specify not to receive life-sustaining treatments under certain conditions, but their surrogates or physicians may question whether these conditions are met, leading to ethical dilemmas (Dworkin, 2000). While living wills offer autonomy and respect for patient preferences, their implementation can sometimes create conflicts or delays in care, raising questions about whether they enhance or hinder medical decision-making. Ultimately, the effectiveness of living wills depends on clear communication, accurate expression of wishes, and conflicts resolution mechanisms, which are not always foolproof (Curtis et al., 2013).

Paper For Above instruction

The evolution of medical ethics and legal frameworks surrounding healthcare decision-making has significantly shifted with the introduction of living wills. Traditionally, the law deemed individuals capable of making their own medical choices solely during periods of competency. This practice, rooted in common law principles, restricted proactive planning for future incapacities, thereby limiting patient autonomy. The rapid surge in medical science and technological innovations during the 20th century, such as ventilators, artificial nutrition, and life-support systems, created scenarios where patients could be kept alive artificially beyond their wishes or understanding (Hammes & Rooney, 1998). Consequently, the legal system recognized the necessity for instruments that allowed patients to specify their preferences in advance, leading to the development of living wills and advance directives.

A living will primarily serves as a written declaration by a competent individual outlining the types of medical treatment they wish or do not wish to receive if they become unable to communicate their decisions (Kapo & Dabney, 2013). Its recognition aims to preserve respect for patient autonomy and reduce the burden on surrogates and physicians during critical moments. However, the application of living wills is not without challenges. One significant issue is interpreting the directives effectively, especially when circumstances differ from those envisioned by the patient (Dworkin, 2000). For example, a person may specify not to receive artificial ventilation in the event of terminal illness, but if their condition deteriorates unexpectedly, conflicts can arise between the patient's prior instructions and the physician's clinical judgment.

Another complication involves the potential for conflicts among family members or healthcare providers, which can delay decision-making or lead to disputes. Critics argue that such directives may sometimes oversimplify complex medical situations, thus creating more problems than they solve (Curtis et al., 2013). Despite these drawbacks, proponents contend that living wills uphold fundamental principles of patient autonomy, offering a structured means to communicate healthcare preferences before incapacity. Effective implementation, however, relies on clarity, thorough documentation, and ongoing communication among patients, families, and healthcare providers. Overall, while living wills improve legal and ethical frameworks, they also require careful consideration to prevent unintended consequences and ensure they truly serve patients’ best interests.

References

• Curtis, J. R., White, D. B., & Emanuel, L. (2013). Ethical and legal considerations in palliative care. Medical Clinics of North America, 97(3), 561-576.
• Dworkin, R. (2000). Life’s dominion: An argument about abortion, euthanasia, and individual freedom. Vintage.
• Hammes, B. J., & Rooney, B. (1998). Priorities for ethical decision-making in the care of nursing home residents. The Gerontologist, 38(4), 437-442.
• Kapo, J. F., & Dabney, B. A. (2013). Advance directives and living wills: Legal issues and challenges. Journal of Palliative Medicine, 16(3), 271-276.