Follow Up from question last lecture:
Instructor Conclusion:
Active Military has the same rights as public to pick medical care in
general. But if a battle field injury occurs they cannot refuse
life-saving treatment.
DEPARTMENT OF THE ARMY US ARMY MEDICAL DEPARTMENT
ACTIVITY FORT HUACHUCA ARIZONA 85613-7079
Patient’s Rights and Responsibilities
All competent adult patients have the moral and legal
right to participate in their medical care treatment decisions and to
refuse medical treatment even in lifesaving or life-sustaining
situations. This includes the right to prepare Advanced Medical
Directives concerning their medical care.
In general, active duty patients have the same rights as
any other non-active duty patients. However, under certain
circumstances, active duty soldiers may not refuse certain life
threatening medical or surgical procedures. When an active duty soldier
refuses such treatment, the matter is referred to the Office of the
Staff Judge Advocate for resolution. Guidance concerning this is covered
in AR 600-20, (Army Command Policy and Procedures).
Follow Up from question
last lecture:
Minor Parent:
In contrast, adults of
ordinary mental capacity, including those of modest intellect, enjoy
decision-making autonomy regarding their own medical care. There is
almost universal endorsement of the classical proposition that “Every
human being of adult years and sound mind has the right to determine
what shall be done with his own body.” [6] The legal right of medical
autonomy is not dependent on education, wisdom, more than usual
intelligence, or experience. Adults as informed as they want to be have
the right to make decisions for themselves that others, including others
who are better educated, trained or experienced and more wise, consider
to be erroneous, misguided, or contrary to the decision-maker’s best
interests.
Adolescents
are somewhere between dependent children, who are to be treated
according to perceptions of their best interests formed by their parents
or those legally authorized to act in loco parentis (in the place
of parents), and independent adults, who are to be treated according to
their wishes. In practice, adolescents whose wishes coincide with
health service providers’ views of their best interests are more likely
to be considered “mature” (see 5 below).
Adults and
adolescents capable of autonomy must also bear the consequences of
choices they make that are not in their best interests, and may
frustrate or damage their best interests. Further, they bear moral and
sometimes legal responsibility for the effects their choices have on
others, such as those they infect with STIs, and the children they
intentionally or unintentionally produce.
Emancipated minors
Adolescents
achieve mature status by their own development, but they may become
self-determining, that is, emancipated, by the acts of their parents or
comparable guardians. The most historical form of emancipation occurred
when parents consented to the marriage of their dependent children under
age to marry without such consent. Other forms occurred when legal
minors left home for military service or to work and become economically
self-supporting, or themselves became parents. Another form occurred
when parents abandoned their children to their own means of survival. A
sad modern form occurs when parents die, for instance from HIV/AIDS, and
leave their children without adult care-givers.
However, an adolescent
female who voluntarily engages, or proposes to engage, in sexual
relations who requests treatment to prevent pregnancy or STIs may appear
to be mature; indeed, the maturity of those who do not request such
treatment is more open to doubt. Similarly, a pregnant adolescent who
seeks abortion because she is not ready to assume responsibility for a
child may be making a mature judgment, even when not appreciating the
moral implications of that choice to her parents’ satisfaction.[15] An
adolescent considered incapable of making this decision for herself may
seem no more capable of making decisions for the care and raising of a
baby.
Instructor Conclusion: If the minor parent can provide a stable
environment for the newborn and the minor parent is mentally mature to
handle the responsibility of raising a child they are emancipated.
9. What does HIPAA stand for?
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