Patients right to refuse life sustaining treatment
Summary :
Table of Contents
- Introduction
- History of a patient's right to refuse medical treatment
- Conflict with the physician's interest in preserving life
- Withdrawing versus withholding treatment
- Conflict in withdrawing artificial nutrition
- Decision making process
- Who decides for incompetent patients?
- Rights of minors
- Rights for patients with mental deficiencies
- Recent rulings: The case of Terri Schiavo
- Distinction of physician assisted suicide
- Conclusion
Abstract
Medicine and law overlap in regards to numerous issues, none more controversial than a patient's right to refuse life sustaining treatment. When a patient is suffering an incurable and irreversible medical condition they face the extremely difficult decision of whether or not to continue treatment. The law has not been silent on this issue, yet are many factors are involved when a patient decides to end treatment. In New York, competent patients have the right to refuse any type of medical treatment, and the Federal patient Self Determination Act requires Medicare and Medicaid institutional providers to inform patients of their rights . The right to refuse treatment is based on the Constitutional right to autonomy as well as the common law right to self determination. Any competent patient may exercise this right for a plethora of interpersonal reasons. Yet this right poses controversial ethical issues for patients, their families and their physicians. life sustaining treatment is defined as any medical intervention, technology, procedure, or medication that forestalls the moment of death, whether or not the treatment affects the underlying life threatening diseases or biological processes. Since there is always some type of treatment available for a patient, the question remains when does one choose to stop fighting death, and for what reasons
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