Civil Liability in the Case of Disrespecting a Patient's Advance Directives The aim of this thesis is to analyse and describe the problematic of Civil Liability in the specific case of disrespecting a patient's advance directives by a medical. The institute of Advance Directives was first introduced in the Czech law by the Convention on Human Rights and Biomedicine in 2001 and later by the Law No. 372/2011 Coll., Act on Health Care Provision. Thought the Advance Directives cannot be considered as a new institute in the Czech law, it is hardly ever used in practice. There is no judicature and practical knowledge on the topic of civil liability in this case, and the insecurity causes that doctors do not feel like willing to respect the exceptionally occurring advance directives, because they fear the criminal liability they think that could arise if they did not provide the health care necessary for saving life of their patient. This thesis is trying to highline the importance of a patient's will. Meanwhile, it is pointing to the fact that even saving a patient's life can cause legal liability of a doctor. The thesis is primarily analysing and describing such liability within the general provisions on liability in the Czech Law and is also trying to give an insight to the problematic of potential...

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The purpose of this article is to synthesize the evidence on advance care planning (ACP), determine what is applicable to the home health (HH) setting, and find where gaps in knowledge may exist. An integrative review methodology was chosen. Although there is ample literature on the topic of ACP, most research has been conducted in the acute care, outpatient, and general community settings. There is limited literature regarding ACP with patients living with chronic cardiovascular and pulmonary illnesses, who comprise the majority of the HH population. Some literature has been published regarding the interprofessional team's role in ACP in the HH setting. A gap in knowledge exists regarding ACP in HH, and recommendations for future research are provided.

The number of individuals aged more than 65 years in the United States and their life expectancy has been increasing in the past decades. In spite of the presence of federal and accreditation policies recommending completion of advance directive documents by patients admitted to health care settings, advance directive completion rates are low in most health care organizations. The purpose of this study was to determine the level of advance directive completion among home health patients. The health belief model provided the theoretical framework that guided this study. A retrospective chart review was carried out in a home health agency with about 51 patients. Demographic details, including age, gender, ethnicity, nature of illness and type of health insurance were collected. Descriptive statistics were used to determine the percentage of home health patients with existing advance directives and those who do not have an advance directive. The study revealed that only 25% of the patients in the home health care agency had a completed advance directive. The finding indicate a disconnect between the recommended and the actual practice with regards to end of life issues. There is a pressing need for more complete documentation of the patient's desires and wishes regarding end of life care at home health care facilities. Documenting the patient's end of life preferences and wishes may potentially ease the decision-making process, making the end of life days less stressful for the patients and their families at the same time promoting the provision of personalized health care at the end of life.

Individuals who are facing death today are doing so in an environment that is significantly different than it was in the past. Medical technology is increasingly able to keep people alive even with multiple complex chronic conditions. While these advances in medicine are beneficial to many, it can also unnecessarily prolong inevitable deaths. Concerns over the ability to have a death that is in alignment with personal values has increased the interest in the use of formal end-of-life planning including writing an advance instructional directive and assigning a durable power of attorney for health care. Although research has indicated that the use of these formal planning strategies is beneficial, not everyone completes them. Using a current nationally representative sample, the three specific aims of this study were to examine whether there are racial and ethnic differences in formal end-of-life planning done by older African American, Hispanic, and White adults; to examine socioeconomic factors including education and income in formal end-of-life planning as well as assess the contribution of these factors in explaining racial and ethnic differences in formal end-of-life planning; and to examine the role of religiosity in formal end-of-life planning and to assess its influence on racial and ethnic differences in explaining formal end-of-life planning. Logistic regression was run on data from the Health and Retirement Study (HRS) in order to analyze the completion of formal end-of-life plans by African American, Hispanic, and White decedents. Exit interviews conducted with knowledgeable proxies in 2008 or 2010 were combined with data from earlier waves of the HRS survey in order to analyze the completion of formal end-of-life plans, race and ethnicity, socioeconomic status, and religion. Both Blacks and Hispanics were less likely to complete a written advance directive, assign a proxy, or complete both forms of formal planning than were Whites. Group differences remained after controlling for region of death and cause of death. Both Blacks and Hispanics were less likely to complete any form of formal planning than Whites. Group differences remained after additionally controlling for gender, age, marital status, whether the decedent had children, income, education, religious preference, importance of religion, and frequency of attending religious services. Higher levels of income and education both increased the odds that formal advance planning would take place. Religious preference was not significant, but decedents who had stated that religion was very important were less likely to plan while those that attended services frequently were more likely to plan. I speculate that the role of cultural capital may partially explain the persistent racial and ethnic disparities and the importance of income and education. Additionally the dominant religious doctrines of Christianity may have a greater influence than the different religious teachings of Protestant and Catholics around end-of-life medical care. Contrary to expected findings, reference groups of those who attend religious services frequently may assist in formal planning. These finding may help guide interventions that can diminish disparities in the end-of-life experience. Understanding who are completing formal plans can help ensure end-of-life care that is in alignment with personal beliefs and values.

The purpose of this article is to synthesize the evidence on advance care planning (ACP), determine what is applicable to the home health (HH) setting, and find where gaps in knowledge may exist. An integrative review methodology was chosen. Although there is ample literature on the topic of ACP, most research has been conducted in the acute care, outpatient, and general community settings. There is limited literature regarding ACP with patients living with chronic cardiovascular and pulmonary illnesses, who comprise the majority of the HH population. Some literature has been published regarding the interprofessional team's role in ACP in the HH setting. A gap in knowledge exists regarding ACP in HH, and recommendations for future research are provided.

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Psychiatric advance directives (PADs) are legal documents allowing competent individuals to declare their treatment preferences in advance of a mental health crisis. The objective of this thesis is to examine psychosocial perceptions of legal and mental health professionals in Ontario and Quebec regarding their knowledge and willingness to implement PADs. Two hundred professionals---psychiatrists, psychologists, lawyers and administrative tribunal members---participated in an Web-survey measuring psychosocial perceptions of clinical, ethical, legal and implementation factors of PADs. Results indicate Quebec professionals are more willing to begin using PADs than Ontario professionals. Mental health professionals reported more concern than legal professionals for medical malpractice lawsuits for overriding PADs. Advantages of PADs most commonly reported are patients' ability to declare their clear wishes ahead of time, respect for autonomous choice, and establishing a collaborative treatment plan with physicians. Disadvantages included patients' lack of awareness, treatment refusal, and being self-bound to an earlier decision.

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Contexte : Qu’ils soient parlementaires, sociétaux ou judiciaires, les débats actuels relatifs à la fin de vie font ressortir de vives préoccupations sociales, éthiques et politiques en France et dans le monde. L’affaire « Vincent LAMBERT » illustre parfaitement les enjeux de situations médicales à la frontière de la vie et de la mort et montre ainsi les limites de l’encadrement législatif des situations de fin de vie. Les rebondissements juridictionnels successifs intervenus dans cette affaire font observer à quel point la prise de décision médicale est complexe, tiraillée entre les volontés, parfois opposées, du patient, de ses proches, voire des professionnels de santé. Objectif : L’objectif de notre recherche était d’identifier les barrières rencontrées lors de la prise de décision médicale devant mettre en œuvre un refus anticipé de traitement. Il convenait de répondre à la question suivante : un refus de soins anticipé est-il une décision impossible ? Méthodes : La première partie des travaux présentés a consisté à recueillir l’avis et évaluer les connaissances des patients et de leurs accompagnants sur les moyens qui permettent à un patient d’exprimer sa volonté par anticipation. La deuxième partie a consisté dans l’identification des critères d’efficacité et d’inefficacité des directives anticipées à travers une analyse de la littérature scientifique et une recherche en droit comparé. La troisième partie présente les difficultés rencontrées dans la mise en œuvre des décisions de limitation et d’arrêt des traitements sur les plans pratique et judiciaire. Conclusion : L’ensemble des questions soulevées au cours de cette recherche suggère la nécessité de développer, en France, des mécanismes efficients d’expression anticipée de la volonté des patients et de promouvoir leur diffusion. Les personnes désirant rédiger des directives anticipées devraient pouvoir avoir accès à un dispositif garantissant le respect et l’effectivité de leur droit à refuser un traitement. Une personne dans l’incapacité d’exprimer sa volonté devrait pouvoir exercer les mêmes droits de refuser un traitement et de voir ce choix respecté qu’une personne capable de s’exprimer. / Context: The current debates concerning the end of life deal with legal, judicial and social issues. What is clear is they all highlight some serious social, ethical and political concerns in France and in the world. The case « Vincent Lambert » shows exactly the difficulties of medical situations between the life and the death of patients, which puts in evidence the limits of the legal framework. Indeed, several judicial reversals happened in this case and illustrate well how difficult it is to make a right medical decision when the patient, their relatives and medical staff have conflicting views. Objective: The objective of our research was to identify which are the difficulties when medical staff has to make a decision applying an anticipated refusal of treatment. As a consequence, the challenge was to answer the following question: is an anticipated refusal of treatment an impossible decision? Methods: Our work was divided into three parts. The first part aimed at asking patients’ opinions as well as assessing their knowledge of the different ways to express their will in advance. Then, the second part had to determine which criteria ensure a good application of advance directives. This study was based on an analysis of the scientific literature and a work in Comparative Law. In the end, the third part presents both practical and judicial problems regarding the application of a decision whose the goal is to withhold and withdraw a life-sustaining treatment Conclusion: This research has raised several issues and it draws our attention on the need to devise effective ways to give an anticipated consent about the end of life. If people want to write advance directives, they should have the possibility to do so and make sure their right to refuse a treatment is respected. In addition, even though someone is unable to give their consent because of their condition or disease, they should be able to use the same right to refuse a treatment and should be sure their decision is respected.