Chapters 3, 4, and 13 (Johns) Flashcards
This has pushed mankind to develop means to prevent and cure illness, but also to prolong the process of dying with advances in medicine such as artificial body organs, exotic machines, and powerful medications.
The Human Struggle to Survive
The mercy killing of the hopelessly ill, injured, or incapacitated.
Euthanasia
Intentional commision of an act which results in death, such as administration of a lethal dose of medication.
Active euthanasia
When life-saving treatment, such as a respirator, is withdrawn or withheld.
Passive Euthanasia
An action in which a physiscian voluntarily aids a patient in bringing about his or her own death.
Physician-assisted suicide
The suffering person makes the decision to die.
Voluntary euthanasia
Someone other than the incurable person makes the decision to terminate life.
Involuntary euthanasia
“Every human being of adult years has a right to determine what shall be done with his own body; and the surgeon who performs an operation without his patient’s consent commits an assault for which he is liable for damages.”
Schloendorff v. Society of New York Hospital
Announced every human being of adult years and sound mind has the right to determine what shall be done with his or her own body.
In re Storar
- Announced that the constitutional right to privacy protects patient’s right to self-determination.
- A state’s interest does not justify interference with one’s right to refuse treatment.
In re Quinlan
- Saikewicz, an elderly, mentally ill patient with leukemia was allowed to refuse treatment.
- Decided that questions of life and death with regard to an incompetent should be the responsibility of the courts.
- Disapproved of “any attempt to shift ultimate decision-making responsibility away from duly established courts of proper jurisdiction to any committee, panel, or group.”
Superintendent of Belchertown State School v. Saikewicz
Established that “no code” orders are valid to prevent the use of artificial resuscitative measures on incompetent terminally ill patients.
In re Dinnerstein
Held that a patient’s mental impairment and his or her medical prognosis, with or without treatment, must be considered prior to seeking judicial approval to withdraw or withhold treatment from an incompetent patient.
In re Spring
- In end-of-life dilemmas, court involvement is only mandated in these situations.
- Family members disagree as to an incompetent’s wishes.
- Physicians disagree on the prognosis.
- A patient’s wishes are unknown becease he or she has always been incompetent.
- Evidence exists of wrongful motives or malpractice.
The definition of death.
- Irreversible cessation of brain function.
- AMA 1974: “irreversible cessation of all brain functions including the brain stem.”
The types of evidence courts will accept to prove that a patient would have wanted to reject the prolongation of their life by artifical means.
- Persistence of statements regarding an individual’s beliefs.
- Their commitment to those beliefs.
- The seriousness of the statements made.
- Inferences drawn from surrounding circumstances.
After the Cruzan decision, states were encouraged to do what?
- Draft legislation (laws) regarding end-of-life decision making.
This court case distinguised between refusing treatment and assisting suicide. It recognized the state’s interests in:
- Prohibiting intentional killing
- Preserving life
- Preventing suicide
- Maintaining physician’s role as a healer
- Protecting vulnerable people from indifference, prejudice, and psychological and financial pressure to end their lives
Quill v. Vacco
- In this case, the court held that assisted suicide is not a liberty protected by the Constitution’s due process clause.
- A majority of states now ban assisted suicide.
Washington v. Glucksberg
- Legals physician-assisted suicide in the state of Oregon.
- Allows a terminally ill Oregon resident to obtain a lethal dose of medication from their physician.
- Prohibits the physician or any person other than the patient to directly administer the medication that will end the patient’s life.
Oregon’s Death with Dignity Act
- Patients have the right to create advance directives.
- Healthcare providers who receive federal funds from Medicare must comply with these regulations.
Patient Self-Determination Act of 1990 (PSDA)
- A guideline for caregivers describing a patient’s wishes for medical care in the even of incapacitation or inability to make decisions.
Advance Directive
An instrument or legal document that describes treatments an individual wishes or does not wish to receive, should he or she become incapacitated, and unable to communicate treatment decisions.
Living will
