Decision Making at the End of Life - April 1 Flashcards
May a patient refuse life-sustaining treatment? (Q)
If the patient is a competent adult, yes. This right is sometimes called a constitutional right to die.
Do right to die laws apply regardless of why the patient is refusing? (Q)
Yes.
What happens if a healthcare provider objects to treating a patient who has refused life-sustaining treatment? (Q)
If a healthcare provider objects to treating a patient who has refused life-sustaining treatment, the patient may choose to transfer to a different provider.
What is the rule from Cruzan v. Director, Missouri Department of Health (1990)? (Q)
A state may require that a guardian seeking to remove life-prolonging treatment prove by clear and convincing evidence that the person in the persistent vegetative state would have wanted the treatment withdrawn under such circumstances.
What happens in life-sustaining treatment decisions if a patient who is about to die is legally incompetent? (Q)
If the patient created an advanced-directive document while competent, that document controls the incompetent patient’s care.
What are some common advance directives? (Q)
Common advanced directives include (1) a durable power of attorney that designates a person to make medical decisions for the patient while the patient is incompetent and (2) a living will.
What is a living will? (Q)
A living will formally provides a person’s instructions regarding life-saving or life-sustaining treatments.
What happens in a situation where an incompetent patient didn’t provide advanced instructions? (Q)
If an incompetent patient didn’t provide advanced instructions, then, in most jurisdictions, a competent person will use substituted judgment to try to make the treatment choices that the patient would’ve made for herself.
Under Cruzan, when may an incompetent patient’s life-sustaining treatment be withdrawn? (Q)
Under Cruzan, an incompetent patient’s life-sustaining treatment may be withdrawn only if clear and convincing evidence shows that the patient would’ve chosen to withdraw the treatment.
What is the test to determine whether a parent’s medical decision for their child was legal given the circumstances? (Q)
Courts will typically evaluate whether the decision is in the child’s best interests.
What are death-with-dignity laws? (Q)
Death-with-dignity laws allow healthcare providers to assist someone with dying if no federal funds are used.
What are the three main takeaways from Cruzan? (Deliganis)
Competent adults have the right to refuse medical treatment (history, based on constitutional liberty)
Competent adults have the right to refuse medical treatment (history, based on constitutional liberty).
State can prevent family members from terminating treatment for each other.
