On the walls of most hospitals, one sees displayed the “Patient’s Bill of Rights.” One of these rights is informed consent, which might more accurately be called informed choice. After the patient is informed of the potential results of various treatments (or of nontreatment), it is his choice what he will submit to. At Albert Einstein Hospital in the Bronx, New York, a draft policy on blood transfusion and Jehovah’s Witnesses stated: “Any adult patient who is not incapacitated has the right to refuse treatment no matter how detrimental such a refusal may be to his health.”⁠²

While physicians may voice concerns about ethics or liability, courts have stressed the supremacy of patient choice.⁠³ The New York Court of Appeals stated that “the patient’s right to determine the course of his own treatment [is] paramount . . . [A] doctor cannot be held to have violated his legal or professional responsibilities when he honors the right of a competent adult patient to decline medical treatment.”⁠⁴ That court has also observed that “the ethical integrity of the medical profession, while important, cannot outweigh the fundamental individual rights here asserted. It is the needs and desires of the individual, not the requirements of the institution, that are paramount.”⁠⁵

But, as the American Medical Association points out, the patient is “the final arbiter as to whether he will take his chances with the treatment or operation recommended by the doctor or risk living without it. Such is the natural right of the individual, which the law recognizes.”⁠¹⁰