What was a Doctor's Job?
2007.05.25 2:30
If a patient instructed a doctor not to do some particular treatments - for example, not to use some medicine or practice some medical treatment beside medical reasons, how a doctor ought to react?
If a doctor practiced some particular treatments when he judged them necessary and irreplaceable to other measures, then he did them deliberately with fully knowing the patient's refusal to those particular treatments, and he successfully saved his life. Might he sue the doctor for not honouring his wish, or not?
It doesn't matter, because a doctor did what he had to do, this is a doctor's professinal act within a range permisable by medical doctors. His first job is to save a life of patients. If he can do it within alternative treatments the patients allowed the doctor to practice, that'll be fine, too. If not, his medical judgement ought to be prior to patient's wish. If you don't want particular measures when they're absolutely necessary, all he has to do is to leave a doctor. If he did so, the case will leave a matter a doctor concerns. That'll be fine, too.
Next case is extremely troublesome. When a doctor judged a particular measure is necessary and irreplaceable to other measures, but he didn't it because he honored the patient's wish and as a consequence, a patient died.
In this case, he might be questioned as murderer. He definetely honoured the patient's wish, but he not only violated doctor's ethics but also criminal code. Because he didn't do what he had to do enough in his job. The patient won't sue a doctor of course, if his family were understandable to the patient's wish, they won't sue him either. The problem was the third person like public prosecutors can sue the doctor for not fully responsible to his job. If the deceased were an influential person as company president, the company would have a possibility to sue the doctor.
If the patients leaves the matter to a doctor after he clearly states his wish not to accept a particular medical treatment, that'll be fine. My conclusion is that a patient cannot instruct a doctor not to practice some particular treatments as long as he is a patient of the doctor.
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