Shared Decision Making in Healthcare: Legal Considerations

Shared decision-making in healthcare is a legal and moral duty, a key part of health policy, and has long been supported by leaders and the public. Barriers and facilitators to shared decision making are often reported; however, the legal aspects are often not considered, such as patient capacity and state laws. In South Dakota, patients have access to four legal documents that outline preferences for future healthcare decisions. Healthcare providers should understand these documents as well as state laws to ensure effective shared decision-making. This article outlines the legalities of healthcare decision making for adult patients in South Dakota, referencing applicable South Dakota laws. It also discusses the revocation of these documents and the role of authorized surrogates in decision making. A flow chart is furnished to guide providers through the process of considering patient capacity and authorized surrogates in shared decision making. This foundational understanding of these legalities, coupled with consulting institutional policies and legal teams in complex situations will foster shared decision-making in healthcare.