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KMID : 1011120150090010103
Bioethics Policy Studies
2015 Volume.9 No. 1 p.103 ~ p.126
Treatment Refusal and Principled Autonomy in Emergency Medical System
Kim Ah-Jin

Abstract
People come to speak primarily of personal autonomy when mentioning autonomy. A reason that autonomy is valid as the main principle in decision making is because a person, who can make a decision, is a patient oneself in the aspect of own benefit considering diverse things.
A patient has a right to make a decision. A doctor has obligation of maximally protecting a patient¡¯s decision-making ability and of respecting a patient¡¯s decision. If a patient comes to refuse treatment, a doctor ever considers intuitively that a patient¡¯s treatment benefit against a doctor will need to be possibly given priority over a patient¡¯s autonomous decision. However, a clinical benefit of which a doctor thinks may not be a big consideration as for a patient.
If there is no special exception, ¡®the principled autonomy¡¯ needs to be applied to the treatment refusal of emergency in terms of ¡®individual autonomy¡¯ that regards an autonomous decision as the best. ¡®The principled autonomy¡¯ emphasizes a doctor¡¯s obligation for autonomous decision as well as a patient¡¯s right. This obligation is included what minimizes the influence that a doctor can exercise with considering a clinical benefit. That is because a doctor¡¯s impacts on a patient can hinder the confidence formation in the patient-doctor relation. The confidential relationship is made through specific procedure on treatment refusal. This principled autonomy is applicable to emergency in pre-hospital and in-hospital phase. The treatment refusal is valid only given being premised the full understanding level. Hence, there is a need to grasp objective evaluation of a patient¡¯s decision-making ability, communication ability, and an individual¡¯s value.
KEYWORD
emergency, treatment refusal, autonomy, patient-doctor relation, decision making, obligation
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