Cancer Legal Issues
There
are a number of legal issues that cancer patients may want to
consider. All adults should decide who will make decisions for
them if they become unable to act on their own behalf. Your
doctor, hospital social worker or administrator will be able
to help you through these decisions. Below are some guidelines
for discussions with your doctors, family and loved ones to
help you understand the medical, legal, and personal choices
you may face in the future.
Informed Consent: Prior to
performing most procedures, your physician will ask you to
sign an “informed consent” form. By signing the
form, it means you agree to the procedures, and that you understand
the risks and benefits. Your doctor will explain the procedure.
You should have an opportunity to ask all of your questions.
Your doctor will also explain to you what choices you have
about the available treatments. Make sure you read the consent
form before you sign it. When you sign the form, you are giving
permission for your doctor to treat you. You are not absolving
your doctor of negligence. If you do not agree with any part
of it, cross out that part and initial it.
Access to Your Medical Records:
You have a right to obtain an updated copy of your medical
records. You will have to sign a release form to get that
copy. The clerk who works in your doctor’s office can
help you fill out the papers. You might have to pay a fee
to obtain your records. It is a good idea for you to keep
current copies of all your medical records.
Last Will and Testament: You
should have a personal plan instructing your survivors about
your wishes. Every adult should have a legal will. You can
be as specific or as general as you wish. Items to include
in the Will are who will take care of your children and who
will receive your assets after you die. This is a legal document
that should be written with the aid of a lawyer. It can be
changed at any time.
Living Wills: This is a set
of instructions documenting your wishes about medical care
during any time when you are unable to communicate or make
decisions. Everyone has the right to accept or refuse medical
care. A Living Will protects your rights and removes the burden
of making decisions from family, friends, and physicians.
When drafting your Living Will, consider these types of care:
the use of life-sustaining equipment (ventilators and respirators),
“do not resuscitate orders” (instructions about
the use of CPR), artificial hydration and nutrition (tube
feeding), comfort care, and organ and tissue donation. Once
a Living Will has been drawn up, you may want to talk about
your decisions with your loved ones. The document should be
signed and witnessed. Make copies of the document and give
copies to your doctor, hospital and next of kin.
Healthcare Proxy: A person
you appointed to make your medical decisions if you are unable
to do so. Generally, people assign someone they know well
and trust to represent their wishes when they can no longer
do so.
Durable Power of Attorney for Healthcare:
This is the legal document that names the healthcare proxy.
Once written, it should be signed, dated, witnessed, notarized,
copied, and placed in your medical record.
Durable Power of Attorney for Finances:
You may also want to appoint someone to manage your financial
affairs if you cannot. This is a legal document that is separate
from the Durable Power of Attorney for Healthcare. This could
be the same person or a different person than the one handling
the healthcare issues.
Advance Directive: This is
a legal document giving instructions about your end-of-life
care wishes, if you cannot communicate. This allows you to
appoint someone you know and trust to make healthcare decisions
for you when you cannot. The hope is that clear communication
about your wishes will help to avoid confusion later on. Making
these difficult decisions when you are well, removes a heavy
burden from you and your loved ones later. You can obtain
a simple legal form that allows you to do this. Many hospitals
have Living Will and Advance Directive forms. Be aware that
this does not give your specified agent control over your
financial affairs or the authority to pay your bills. Advance
Directives can be modified as a person’s situation changes.
Even after Advance Directives have been signed, patients can
change their minds at any time.
Source: breastcancer.uchc.edu
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