document is something that the two of them put thought into as a matter of fact; they sat down with an attorney and made sound plans for their care in case they were unable to make their decisions in the future. A living will, sometimes called an advance directive, is a legal document addressed to the patient’s family and health- care providers.3 The living will state what type of treatment the patient wishes or does not want to receive if she becomes terminally ill, unconscious, or permanently comatose (sometimes referred to as being in a persistent vegetative state).3 What is known about the drawing up of a living will is a binding legal document. Which both husband and wife are present in the Lawyer’s office the day the living will is agreed upon and signed by both parties, along with witnesses? In the presence of a lawyer at that time, the wife was competent to state, under life threatening or incapacitated conditions she does not want to be subject to a prolong life. On paper, it is easier said than carried out when the time comes, and one is faced with such adversity.
Legal/Ethical issue 2 This represents a legal/ethical issue by the same token the husband’s unwillingness to let his wife go even though in the living will his wife specifically stated that if she is in, “A permanent unconscious condition or terminal condition”1 she did not want artificial support. The living will outlines his wife’s wishes, which include all life support to be removed and for her to die peacefully.
The husband is not acting in his wife’s best interest, he is being selfish thinking about himself. The pain of losing a love one is a tremendous disappointment in life and having to let go is hard no matter how it is done. Countless families struggle with advance directives and carrying out what the patient wants. In this instance the husband is thinking of losing his wife and not subjecting his wife to the treatments she specifically said she did not want. ”She was diagnosed by her treating physician as being in a permanent unconscious condition.”1 (Case Scenario).
The husband still believes she can miraculously recover from this state of unconscious condition, “the living will states she does not want artificial support to live.”1 Sometime during a life crisis we tend to focus more on selective hearing, only hearing the things that we want to hear. Even in the scenario in the face of adversity when he is confronted about the condition of his wife, he has a hard time grasping about the condition of the “living will” it is hard for him to make the adjustment. When the living will is discussed with him, he insisted that the patient had not intended for the document to be used in a situation like the present situation.”1 Not only that she is on a ventilator that is breathing for her, as well as she cannot breathe on her own, she is also a permanent unconscious condition due to severe brain damage, cause by a cerebral
hemorrhage.
Legal/Ethical issue 3 This is a legal/ethical issue, not to mention the person with surrogate decision-making authority refuses to carry out responsibility as stated in patient living will. Although, the surrogate stated “that he did not consider his wife to be in a permanent unconscious condition”.1 For the patient’s husband this is considered a valid point for him not to follow the instruction according to his wife’s living will. On the other hand the husband “revealed hat he understood that the patient would not be able to recover any meaningful brain function, but he argued that the living will did not apply as a matter of fact her condition was not imminently terminal. The husband strongly believes that since her life can be sustained by the use of a ventilator, even thought she is brain dead that she could live in the state that she is in also she is not in danger of dying. In this case legally authorized surrogate decision-makers may be able to provide consent on the patient’s behalf.1 As a result, his responsibility to the patient is very clear due to the fact that she stated in her living will if she was ever in on the situation that she is in now, what she wanted to happen. As the old ladies surrogate decision maker it is in his best interest to follow her instruction, regardless if it is imminent or not. When the patient was competent she made a judgmental decision that her husband was the best person to look after her interest if she was unable to make her medical decisions. Making it clear that she trust him to do what is right for her personal health care. If, however, a patient had previously, while capable of consenting, selected a person to act as her decision-maker and executed a legal document known as a durable power of attorney for health care or health care proxy, then that designated individual should provide informed consent.1