Advance Directives: Rethinking Regulation, Autonomy & Healthcare Decision-Making

Cham: Springer Verlag (2018)
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Abstract

This book offers a new perspective on advance directives through a combined legal, ethical and philosophical inquiry. In addition to making a significant and novel theoretical contribution to the field, the book has an interdisciplinary and international appeal. The book will help academics, healthcare professionals, legal practitioners and the educated reader to understand the challenges of creating and implementing advance directives, anticipate clinical realities, and preparing advance directives that reflect a higher degree of assurance in terms of implementation.

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ISBN(s)

9783030009762   3030009750   9783030009755   3030131548   3030009777   3030009769

DOI

10.1007/978-3-030-00976-2
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Chapters

The Making of Advance Directives

Medical practices have evolved since the Hippocratic traditions. Under the Hippocratic tradition, doctors were responsible for the wellbeing of the patient, and for keeping them from harm, which gave rise to the practice of benevolent deception. This may be seen as medical paternalism today. Pursuan... see more

Introduction

This book sheds light on the challenges and potentials of making healthcare decisions at the end-of-life using advance directives. Advance directives provide the opportunity for people to express their refusal to consent in the future when they become unable to do so. They exemplify the kind of conc... see more

Legal Responses to the Challenges of Making Advance Directives

The decision-making process in ADs is a key issue that is heightened when disputes about withholding and withdrawing treatment came before the courts. The courts in United Kingdom, New Zealand, Canada and Singapore dealt with a range of applications from either the hospitals or the families of patie... see more

Rethinking the Approach to Advance Directives

The challenges in implementing advance directives called for an understanding of the distinctions between advance decision-making and contemporaneous decision-making. It is clear from the cases that where there is the opportunity to verify the decision-making process, the AD is more likely to be acc... see more

A Supported Decision-Making Model for Advance Directives

The SDM approach empowers patients and strengthens the person’s AD. It is particularly valuable at the time when the patients are formulating and setting down their wishes. Generally, SDM employed at the time the AD was made could address the concerns raised about the patient’s mental capacity and u... see more

Regulating Advance Directives

Regulating ADs requires balancing between competing interests of the state in protecting life and respecting the individual’s right to make anticipatory treatment preferences. The more common regulatory approach among the jurisdictions discussed is the introduction of formal requirements as part of ... see more

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