Right of Privacy*** Flashcards
What is the right of privacy in Florida?
every natural person has the right to be let alone and free from GOVERNMENTAL intrusion into the person’s private life.
How does Florida frame the right to privacy?
The right to privacy is a fundamental right that is much broader than the Federal constitution. It embraces more privacy interest and extends more protection on a wide range of matters dealing with personal privacy.
Where does the right to refuse medical treatment fall in Florida?
This is a right to privacy based on the 14th amendment due process clause and the Florida supreme court has said that a competent person has the constitutional right to choose or refuse medical treatment.
How does Fl view life support?
You can’t withdraw these from an incompetent adult due to being comatose unless there is clear and convincing evidence that the person intended this withdrawal. This may be found in a living will or advance health care directive. The State of FL uses a clear and convincing evidence standard.
Can children be refused medical treatment in Florida as an exercise of the parent’s right to privacy?
No, the state has an interest in keeping children safe and refusal of medical treatment endangers the public health or can implicate the emotional and financial welfare of the child
