A mental health patient's right to refuse treatment
Rivers, but noted that the right to refuse treatment
is not absolute and
153, 157 (1997) (discussing lack of attention paid to medication's negative effects on patients throughout "right to refuse treatment
" litigation); Steven Mintz, The Nightmare of Forcible Medication: The New York Court Of Appeals Protects The Rights Of The Mentally III Under State Constitution: Rivers v.
Lodha, issued notices to the states and central government controlled territories in the wake of a plea by an NGO which wants the right to refuse treatment
and right to die with dignity to be incorporated within the right to life as enshrined in the Indian Constitution.
The focus of this article is on the automatic right of appeal in the context of mental health consumers who are found incapable to consent to or refuse treatment and involuntarily hospitalized--specifically, as will be discussed in greater detail in Part III, those persons who seek the right to refuse treatment
while being involuntarily hospitalized.
In other words, the patient's right to refuse treatment
is considered to be both substantive and absolute.
The right to refuse treatment
is already included in the Code of Health and Disability Services Consumers' Rights.
While a case can be made that a right to refuse treatment
isn't worth much if there is no right to treatment, one must ask is there a right "to treatment that can in no way benefit the one?" Surely not even the most zealous advocates for universal access (and I consider myself one of them) would demand that patients have a right to medical treatments that DO NOT benefit them and that may, indeed, harm them.
Earlier the NSSF said it would take legal action against private hospitals, adding that they had no right to refuse treatment
Information on giving consent and the right to refuse treatment
is also included.
The cases are grouped in sections on ethical issues in nursing, such as the just allocation of health resources, confidentiality, and the sanctity of human life, and special problem areas in nursing practice such as abortion and contraception, genetic engineering, psychiatry and the control of human behavior, experimentation on human beings, and the right to refuse treatment
. This fourth edition offers more emphasis on methods for analyzing cases and contains two new chapters, one on moral integrity and moral distress, and one on showing respect for patients and others.
(11) Also, it has long been established that patients have an ethical and legal right to refuse treatment
, but they have neither the ethical nor the legal right to demand treatment.