Week 5 Class Notes - Test 1 Flashcards
The living will has its history in the past belief that people do not have a (1) and doctors’ (2). It has been legally settled–it comes down to (3). The (4) is a requirement as part of an Act in 1990 and informs patients of their rights.
- right to die
- hippocratic oath to sustain life
- personal choice
- Patient Self-Determination Act
Precedent case to living wills. Drugs @ party, vegetative state. Parents wanted removed from respirators, doctors refused, could be prosecuted. 1st & 8th Amendments invoked (cruel and unusual punishmnet, freedom of religion) but case ultimately determined on freedom of religion. No prosecution as homicide. Death natural.
Quinlan case
Simply (1) others your desire will not create a right to end life support.
- telling/expressing to
In the (1) the woman had a heart attack and needed a feeding tube. The husband wanted this removed, saying she had expressed that desire. The (2) agreed and allowed it. The (3) disagreed and clarified that a (4) or (5) is required–this is “Terri’s Law.:
- Shiavo case
- court
- legislature
- living will
- clear & convincing evidence of desire
3 types of advance directives
- living will (medical care wanted in case of veg. state)
- DNRO
- Medical power of attorney (also a living will–healthcare directive that sets out guidelines and vests power)
(1) should NOT be put in the will, but are ok in the living will because it will be (2)
- anatomical gifts
2. read while the person is still alive
The Death with Dignity Act is akin to (1). Many states prohibit it. It is described as people having control of the (2) and (3) of death with (4)
- physician-assisted suicide
- timing
- manner
- medicine prescribed by a doctor