PATIENTS FACE NEW QUESTION

People being admitted to the hospital now have another question to ponder in addition to those on the standard admitting forms.

Patients must now be informed of their rights concerning decisions about health care treatments.

A new federal law, which went into effect Dec. 1, requires hospitals at the time of admission to tell patients about their rights, including living wills and durable power of attorney.

Cape Girardeau attorney Stephen Strom discussed living wills and durable power of attorney for health care at a meeting Tuesday afternoon. His law partner, John Bradshaw, discussed the same matter at a meeting Tuesday evening.

The programs were sponsored by both Southeast Missouri Hospital and St. Francis Medical Center.

"Modern medicine is a wonderful thing," Strom told the group of about 40 people who attended the afternoon session. "It used to be, when you got sick, you either got well or you died; now it's possible for one's death to be delayed or for one's life to be prolonged."

However, Strom said, many people do not want their lives prolonged artificially.

"I have talked to lots of people about this and haven't run into anyone who wants to be kept alive by a machine.

"As I understand, in the past this decision has been handled by physicians and nurses and family members, and as far as I know, except in exceptional cases like Nancy Cruzan, it was not a particular problem."

But he said many people want to be sure there will be no question about their wishes if they are unable to communicate.

At the same time, Strom said, health care providers have became nervous that someone might sue over the issue.

Strom said that in 1985 the Missouri legislature passed a law allowing living wills. "It's alright for someone to write down what they wanted to happen if they got extremely ill, and what they didn't want to be done," he explained.

In the highly-publicized legal case of Nancy Cruzan, the U.S. Supreme Court said adults have a constitutional right to refuse medical treatment.

The court decision also affirms the right of an adult to name a person to make decisions for them if they lose decision-making capacity. This is called durable power of attorney.

Durable power of attorney, basically says, "I authorize a specific person to make decisions for me in the case I am not able to make those decisions," he explained. Strom advised that durable power of attorney documents be drafted by a lawyer.

"Sen. (John) Danforth became involved in this issue and decided it would be a good thing if hospitals let people know they have these rights," Strom said.

Because of the new law, Southeast, St. Francis and all other hospitals have added a step to their admission procedure.

Strom said: "I'm not sure how they handle it. When a person arrives at the hospital with the purpose of getting well, it must be tough to ask, do you have a living will but you're going to be alright?

But he said the law requires that this be done.

"Chances are the same outcome will occur with or without one of the documents," Strom said. "But with it, you may just feel a little better about it."