You Decide Essay

1077 WordsOct 20, 20135 Pages
In the case of Lydia Bevin and Little Falls Hospital I have been asked by Felicia Larue, the hospital CEO, to give a briefing on the patient’s situation and alternative actions that could be taken by the hospital to ensure that the rights of the patient are preserved and the risks to the hospital are minimized. Lydia Bevin is receiving support that is sustaining her life and has been receiving this support for over six-months after she was in an automobile accident. Lydia is paralyzed and unable to communicate due to the accident. It has not been confirmed whether Lydia is incapacitated, as she is unable to talk and can only nod her head. The hospital staff is not even sure that Lydia is capable of understanding information that will allow her to make health care decisions for herself. According to the New York Health Care Proxy Law, her husband has the “legal right to make decisions on behalf of his wife, since he is her legal guardian and surrogate decision maker” (New York State). Mr. Bevin has asked that life sustaining support be withdrawn per his wife’s wishes. Lydia's mother does not support the decision to withdraw active treatment because she believes that Lydia has a chance of recovering. Lydia had prepared an advance directive but at this time the advance directive cannot be located. Lydia has verbally communicated with her husband what her wishes would be, should she ever find herself in such a situation. Laws that need to be looked at, include the New York's Family Health Care Decisions Making Act (FHCDA) and the New York Health Care Proxy Law. According to the FHCDA, which is newly established, allows the family to make decisions for an incapacitated patient, regardless if the patient has a signed advanced directive. The New York Health Care Proxy Law which allows you to appoint someone you trust, which in this case it would be her husband to make

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