With reference to the Guardianship and Administration Act’s Health Care Principle, describe how the factors Oliver’s substitute decision-maker must consider when making decisions about his healthcare may be addressed.

Description

You are required to write a 2000-word assignment that accurately addresses the ethical and legal issues raised in the case scenario. You are expected to submit your assignment with appropriate grammar, spelling, sentence structure, paragraphs and references. It should be structured using the following ‘APA Level

2’ headings:

✓ Introduction

✓ Making Ethical Decisions

✓ Making Legal Decisions

✓ Conclusion

Introduction:

Write a short introductory paragraph that outlines what you will be presenting in your assignment. You do not need to include a detailed account of the facts in the scenario; the markers are aware of the scenario and this is an unnecessary use of words.

Making Ethical Decisions

1. “Oliver had made it clear that he would not want to be left in a situation where he could not care for himself and would want Felicity to ‘turn the bloody machines off’.”

a. In relation to Oliver, identify one value that is reflected in this sentence and describe it.

b. Describe how this value may affect Oliver’s decision-making.

2. “Eva, however, is opposed to stopping treatment and wishes for Oliver to be given every opportunity to recover; even if this means that he needs to remain highly dependent in hospital for many more months.”

a. In relation to Eva, identify one value that is reflected in this sentence and describe it.

b. Describe how this value may affect Eva’s decision-making in relation to Oliver.

3. “The healthcare team caring for Oliver believed that continuing treatment was not in his best interests. They reached the conclusion that his treatment should stop.”

a. Identify one principle from the Universal Declaration on Bioethics and Human Rights that is reflected in this statement and describe what it requires.

b. Describe how the selected principle may be used to guide decision-making by the healthcare team in relation to Oliver.

Making Legal Decisions:

Using structured sentences and paragraphs,

address the following questions or statements about Oliver’s case and the law in Queensland.

4. As Oliver had previously refused medical treatment for his viral infection, do the paramedics have any legal authority to institute treatment for his diabetic coma? What legal authority can you rely

upon to support your answer?

5. Adults who do not have decision-making capacity cannot provide consent. With reference to relevant Queensland legislation, list all potential options or substitute decision-makers that

healthcare practitioners could rely upon to provide consent for treatment?

6. Provide a rationale for the legal obligation to obtain consent when adults lack decision-making capacity.

7. In circumstances where there are two or more substitute decisions-makers who could potentially provide consent, and they disagree, describe the legal options available to provide a definitive

answer as to what course of action the healthcare practitioners should take.

8. With reference to the Guardianship and Administration Act’s Health Care Principle, describe how the factors Oliver’s substitute decision-maker must consider when making decisions about his healthcare may be addressed.

 

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