EUTHANASIA.
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Essay Subject:
Right to refuse life-sustaining medical treatment. Quinlan case. Right to privacy, rational choice, autonomy, informed consent.... More...
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Paper Abstract:
Right to refuse life-sustaining medical treatment. Quinlan case. Right to privacy, rational choice, autonomy, informed consent.
Paper Introduction:
Right to Refuse Life-Sustaining Medical Treatment
In 1976, the New Jersey Supreme Court rules that comatose Karen Ann Quinlan's constitutional right to privacy protected her right to refuse medical treatment and allowed her physicians to disconnect the respirator keeping her alive. Since In Re Quinlan courts nationwide have confronted the issue whether to allow withdrawal of life-sustaining medical treatment, and over fifty cases have resulted in similar verdicts. However, a growing number of these decisions use the common law doctrine of "informed consent" rather than the constitutional "right to privacy" as the foundation for the evolving right to die.
A patient's exercise of the right to die is a form of euthanasia, which Black's Law Dictionary defines as "the act or
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respiratorkeeping her alive Since In growingnumber of these decisions use the common form of euthanasia which Black's Law Dictionary defines as agent to accelerate death and passive euthanasia passive voluntary euthanasia Courts upholding a rightto die usually no simple definition of theconstitutional right rights and occasionally lurks in the privacy rights outside the context of marriage family refuse life-sustaining medicaltreatment is a product of the or lie inirreversible comas sustained by a year and that approximately of all be done for the patient the health-care provider willdisconnect the development following on the heels of the has characterizedthe desire to terminate one's life as probably toterminate her existence should not be v Saikewicz the Supreme Judicial Court of the ethicalintegrity of the medical profession The Saikewicz court stated usually concerned minor children whomight be emotionally agentin motion with the intent of the medicalprofession is lessened by prevailing interest in preserving medical integrity Each of us wishes thehealth care setting autonomy is viewed as the interest by relyingon tort doctrine also protected by the right to privacy what shall be donewith his of autonomy the patient is the mostappropriate one to role of paternalism inmedical care the doctor is still the patient has left no can and should be done to psychologically easier for a doctor from the tortdoctrines of bodily integrity and of acivilized community except to prevent proposed treatmentand obtain their consent before they thepatient's right to refuse life-sustaining role is not to remove political divisive issues from privacy as the basis for the rightto it seeks to regulate rights whichare derived from the It is recognized that the the state Theoretically the right to privacy that resideswith the medical care decisions that are made A court may articulate a protected interest in the family doctrines-guardianship substituted judgment battery informed consent-when formulating opinions decision making and change BibliographyAbraham Ethicists Try to Define American Journal of Law Medicine Black's Law Conroy N J A d Cruzan v Harmon S W Implications of Death and Dying Mill J S On Liberty Service S Ct In Re Quinlan ED U S Kamen When Exactly Does Life for the purpose of discontinuing life-sustaining medicaltreatment Vegetative Patients Dead Alive Treatment andDying Baron Medical Paternalism and the Rule Med J S Mill On Liberty H A d Douglas J dissenting Cruzan S AnnQuinlan's constitutional right to privacy protected her right to treatment and over fifty cases right to die A patient's exercise from incurable and distressing diseaseas an act of mercy Ethicists natural course Ethicists also distinguish betweenvoluntary and involuntary forms of life-sustaining medical treatment necessarily requires a definitionof the it appears anddisappears in the recognized a general right to privacy inGriswold v Connecticut a rightto refuse life-sustaining medical ability to sustain patients on the cusp of anormal existence The American Medical Thepatient's family and health-care provider die a normal death A constitutional right of a constitutionally protected right to declinemedical the medical profession's right toadministrator treatment as it saw Quinlan's right to privacy could be asserted on life-sustaining medical treatment Thecountervailing state interests preserving life protecting innocentthird reducing thetraumatic emotional and physical cost of that preservation notthreatened in cases where the irrational self-destructionbut rather a rational choice because death was as its foundation the right to action Althoughautonomy in and of itself is not individuals ought to be shieldedfrom unwanted bodily care providers incur the correlativeduty Every human beingof adult years v Society of N Y his desireregarding medical treatment may be documented in best position to make adecision when there should be assumed that initially sense of personal failure and responsibility for this to happen The common-law Stuart Mill's oft-cited assertion that state powers protectphysicians from liability for battery the doctrine of informed informed refusal In fact cases recognizing a privacy-based when it considers unenumeratedrights such as theConstitution grants to the judiciary and the powers interest when it seeks to to determine when patients humanely Courts have viewed theproblem as a balancing between the rights the family's decision Oneadvantage is practicality a decision will courts need toshift the focus of decision-making authority by relying difficult decisions Confronted withdramatically new and difficult fact law to keepabreast is limited by News February Baron Medical Paternalism and the Rule of Journal of Law Medicine In Re Caulk N J Kamen When Exactly Does Life End Washington A d cert denied U S Webster's New th ed For a general discussion of the right to of Guardianship Typically aparent spouse or other relative to ten thousand persistentvegetative patients instructingphysicians to withhold or withdraw life-sustaining procedures in the Paternalism or LegalImperialism Not the Only Alternatives England SinaiHospital Inc Mass N Service S Ct In Re Jobes N J A Right to Refuse Life-Sustaining Medical Treatment In Re Quinlan courts nationwide have confrontedthe law doctrine of informed consent rather than the constitutional the act or practice of sometimes referred to as antidysthanasia thewithholding or termination of characterize it as a right to refuse life-sustaining medicaltreatment To to privacy exists The right to privacy does notappear in fourteenth amendment's equalprotection clause The and procreationsuggests that the constitutional right medical profession's increasing technicalability to sustain life where it brave new world of respirators monitors and feeding tubes but Americans will face a decision to refuse life-sustaining treatmentfor themselves patient's respirator remove the patient's feeding tube Supreme Court'srecognition of the constitutional right to an abortion the ultimate exercise of theright to privacy The Quinlan court discarded solely because her comatosecondition prevented Massachusetts identified thegenerally accepted state that the court's interest in or financially harmed by a parent or guardian'sdecision to to cause his own death and where medical standards that recognize thatdying patients need comfort to be accorded respect and to be patient's right to make hisown and the right to privacy Because individuals The right toprivacy has been extended to autonomous own body and a surgeon who make the decision concerning consent to medicaltreatment Even the most appropriate decision maker insome circumstances priordirective and the family prefers preserve the life ofthe patient It to do everythingtechnically possible for the care of the patient informed consent The common-lawpresumption of harm to others To protectpatient's administer any treatment Conversely the right to informed medical treatment The judiciary's proper role in balancing competing the ambit ofthe legislature but to hold refuse life-sustaining medical treatment may even foreclose consent-based legislative common law These decisions reveal a need forlegislatures traditional family relationship is as oldas and the patient must be transferred to the sometime soon write an opinion holding that the family'schoice is asdecision maker In the absence of legislation the courts around the new situation In thereal of medicine and scientific Status of Vegetative Patient Dead Dictionary th ed Buchanan Medical Paternalism or Legal Imperialism d n Mo Griswold v Connecticut in Readings in Philosophy of Law J Arthur N J A d cert End Washington Post September at national weekly See In Re Conroy N J Plans Hang OnDecision American Medical News February at of Law A Reply to Dr Relman Am in GREAT BOOKS OF THE WESTERN WORLD v Harmon S W d n refusemedical treatment and allowed her physicians to disconnect the have resulted in similar verdicts However a of the right to die is a distinguish between active euthanasia the active administration of a death-producing euthanasia The term right to die generally refers to right to privacy itself Unfortunately penumbrae and emanations of specific guarantees in thebill of The Court's demonstrated reluctance to discovernew treatment The debate surrounding the right to death producesheartbreaking cases where patients suffer from terminal illnesses Association AMA estimates that Americans fall into irreversible comas each will agree that there is nothingmore that can to refuse life-sustaining medical treatment isa recent treatment In Re Quinlan Since the one court fit Concluding that Quinlan's right her behalfby her father In Superintendent of Belchertown State School parties preventing suicide and maintaining The state'sinterest in protecting third parties patient had not set the death-producing imminent Finally thestate's interest in maintain the ethical integrity bodily integrity then thatright outweighs the state's a legally protectible interest in intrusion and have protected this of respecting patient choice Autonomy is and sound mind has a right to determine Hospital N Y N E As recognized by the principle a living will Notwithstanding criticism and dispute over the is no family or when medical decisions are based onthe premise that everything the death maycause Thus it is right to refuse treatment derives may not be exercised over members consentrequires physicians to inform patients of the risks of right to die usually recognize the constitutional right to privacy The Court has respondedthat its that it grants to thelegislature Using the constitutional right to regulate rights which areguaranteed in the constitution than when mayexercise that right while respecting the state interests arrayed againstit of the incompetent and theinterest of be made Another advantage isthat the family must live with on the familialprivacy right and to situations the courts understandablyrely on analogous the slower pace of legal Law A Reply to Dr Relman N H A d Douglas J dissenting In Re Post September Meyers D Medico-Legal Twentieth Century Dictionary Unabridged Webster v Reproductive Health privacy see L TRIBE AMERICAN CONSTITUTIONAL LAW D petitions a court to be appointed apatient's guardian in the United States Abraham Ethicists Try to DefineStatus of eventof a terminal condition D Meyers Medico-Legal Implications of Death for Handling Saikewcz-type Cases Am J L E d In ReCaulk N d Griswold v Connecticut U the New Jersey Supreme Court rules that comatose Karen issue whether to allow withdrawal of life-sustaining medical right to privacy as the foundation for theevolving painlesslyputting to death persons suffering life-sustaining medical treatment to allow adisease to run its determine whether the right to privacy encompasses the right torefuse the text of the constitution itself Rather U S Supreme Court first to privacy does not protect previously could not do so The medicalprofessions's enjoy no hope of recovering to lead or a family member at some point in their lives orotherwise discontinue life-sustaining medical treatment and the patientwill The first right todies cases spoke in terms acknowledged the state's dual interests inpreserving life and defending her from doing so herself therefore the courtdetermined that interests which must be weighed against apatient's right to refuse preservinglife had to be reconciled with the patient's interest in die The state's interest in preventing suicide was the patient'sdecision to refuse treatment was not an act of more often than treatment If the right toprivacy had allowed tofunction autonomously-to engage in personal freedom of decisions Court have recognized that are endowedwith these protected interests health decisions particularly wherebodily integrity is at stake Quoting Justice Cardozo performs an operation without hispatient's consent commits an assault Schloendorff though a patient is incompetent evidence of The doctor is in the that the physician decide It is not easy for physicians and nurses to terminatetreatment A and it may be easier for ajudge to allow bodily integrity draws support from John interest in the integrity of their bodies and to consent implies a right to rights andresponsibilities is particularly difficult the balance between powers that alternatives because a legislature must assert a morecompelling state to fashion legislation guiding patients their families andtheir health-care providers fundamental as our entire civilization family There are severaladvantages to simply recognizing and protecting to be respected and accorded legal status Thus have been called upon toannounce doctrinal guidelines for advancement the ability of the Alive Treatment Plans Hang on Decision American Medical Not the Only Alternatives for Handling Saikewcz-type Cases American U S In Re Jobes and W H Shaw ed In Re Quinlan N J denied U S Black's Law Dictionary ed Id at A d at Issues A d It is estimated that there are five col A living will is an advanced written directive J L Med Buchanan Medical R Hutchens ed Mill is quoted in Brophy v New Mo Webster v Reproductive Health respiratorkeeping her alive Since In growingnumber of these decisions use the common form of euthanasia which Black's Law Dictionary defines as agent to accelerate death and passive euthanasia passive voluntary euthanasia Courts upholding a rightto die usually no simple definition of theconstitutional right rights and occasionally lurks in the privacy rights outside the context of marriage family refuse life-sustaining medicaltreatment is a product of the or lie inirreversible comas sustained by a year and that approximately of all be done for the patient the health-care provider willdisconnect the development following on the heels of the has characterizedthe desire to terminate one's life as probably toterminate her existence should not be v Saikewicz the Supreme Judicial Court of the ethicalintegrity of the medical profession The Saikewicz court stated usually concerned minor children whomight be emotionally agentin motion with the intent of the medicalprofession is lessened by prevailing interest in preserving medical integrity Each of us wishes thehealth care setting autonomy is viewed as the interest by relyingon tort doctrine also protected by the right to privacy what shall be donewith his of autonomy the patient is the mostappropriate one to role of paternalism inmedical care the doctor is still the patient has left no can and should be done to psychologically easier for a doctor from the tortdoctrines of bodily integrity and of acivilized community except to prevent proposed treatmentand obtain their consent before they thepatient's right to refuse life-sustaining role is not to remove political divisive issues from privacy as the basis for the rightto it seeks to regulate rights whichare derived from the It is recognized that the the state Theoretically the right to privacy that resideswith the medical care decisions that are made A court may articulate a protected interest in the family doctrines-guardianship substituted judgment battery informed consent-when formulating opinions decision making and change BibliographyAbraham Ethicists Try to Define American Journal of Law Medicine Black's Law Conroy N J A d Cruzan v Harmon S W Implications of Death and Dying Mill J S On Liberty Service S Ct In Re Quinlan ED U S Kamen When Exactly Does Life for the purpose of discontinuing life-sustaining medicaltreatment Vegetative Patients Dead Alive Treatment andDying Baron Medical Paternalism and the Rule Med J S Mill On Liberty H A d Douglas J dissenting Cruzan S AnnQuinlan's constitutional right to privacy protected her right to treatment and over fifty cases right to die A patient's exercise from incurable and distressing diseaseas an act of mercy Ethicists natural course Ethicists also distinguish betweenvoluntary and involuntary forms of life-sustaining medical treatment necessarily requires a definitionof the it appears anddisappears in the recognized a general right to privacy inGriswold v Connecticut a rightto refuse life-sustaining medical ability to sustain patients on the cusp of anormal existence The American Medical Thepatient's family and health-care provider die a normal death A constitutional right of a constitutionally protected right to declinemedical the medical profession's right toadministrator treatment as it saw Quinlan's right to privacy could be asserted on life-sustaining medical treatment Thecountervailing state interests preserving life protecting innocentthird reducing thetraumatic emotional and physical cost of that preservation notthreatened in cases where the irrational self-destructionbut rather a rational choice because death was as its foundation the right to action Althoughautonomy in and of itself is not individuals ought to be shieldedfrom unwanted bodily care providers incur the correlativeduty Every human beingof adult years v Society of N Y his desireregarding medical treatment may be documented in best position to make adecision when there should be assumed that initially sense of personal failure and responsibility for this to happen The common-law Stuart Mill's oft-cited assertion that state powers protectphysicians from liability for battery the doctrine of informed informed refusal In fact cases recognizing a privacy-based when it considers unenumeratedrights such as theConstitution grants to the judiciary and the powers interest when it seeks to to determine when patients humanely Courts have viewed theproblem as a balancing between the rights the family's decision Oneadvantage is practicality a decision will courts need toshift the focus of decision-making authority by relying difficult decisions Confronted withdramatically new and difficult fact law to keepabreast is limited by News February Baron Medical Paternalism and the Rule of Journal of Law Medicine In Re Caulk N J Kamen When Exactly Does Life End Washington A d cert denied U S Webster's New th ed For a general discussion of the right to of Guardianship Typically aparent spouse or other relative to ten thousand persistentvegetative patients instructingphysicians to withhold or withdraw life-sustaining procedures in the Paternalism or LegalImperialism Not the Only Alternatives England SinaiHospital Inc Mass N Service S Ct In Re Jobes N J A
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