Abstract
Medical technology now can sustain basic bodily functions long after active, conscious life is gone. However, not all terminally ill patients wish to take advantage of such technology; rather, some opt to die in a natural, dignified manner. The living will allows for this choice by declaring the signer’s intent that no extraordinary means be used to prolong life should he or she suffer an illness or injury for which extraordinary care cannot provide a cure or effectuate significant recovery, and from which death is inevitable.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Preview
Unable to display preview. Download preview PDF.
References
Natanson v. Kline, 186 Kansas Supreme Court 393, 406-07, 350 P.2d 1093, 1104 (1960).
In Superintendent of Belchertovn State School v, Saikevicz, 373 Mass. 728, 742, 370 N.E.2d 417, 426 (1977) the court described: “The constitutional right to privacy, as we conceive it, is an expression of the sanctity of individual free choice and self-determination as fundamental constituents of life. The value of life as so perceived is lessened not by a decision to refuse treatment, but by the failure to allow a competent human being the right of choice.”
Many lower state courts have also cited the right to privacy in upholding the patient’s right to refuse medical treatment. See, e.g. Leach v. Akron General Medical Center, 58 Ohio Misc 1, 426 N.E.2d 809 (C.P. Summit Co. P. Div. 1980), where the court granted the guardian of a terminally ill, permanently vegetative woman the power to direct discontinuance of her respirator, based on her constitutional right to privacy.
Wisconsin’s living will law, as amended, defines “terminal condition” as “an incurable condition caused by injury or illness that reasonable medical judgement finds would cause death imminently, so that the application of life-sustaining procedures serves only to postpone the moment of death.”
S.E. Bedell and T.L. Delbanco, Choices About Cardiopulmonary Resuscitation in the Hospital: When do Physicians Talk with Patients? N. Eng. J. Med. 310:1089–1093 (1984).
Government Printing Office, 1983; R.M. Veatch, “Death, Dying and the Biological Revolution: Our Last Quest for Responsibility”, New Haven, Conn: Yale University press, 204-248 (1976)
N.H. Cassem and R.S. Stewart, Management and Care of the Dying Patient, Int. J. Psychiatry Med. 6: 293–304 (1975).
President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, “Making Health Care Decisions”, Vol. 2., Washington, D.C.: Government Printing Office, 116 (1982).
K.J. Isselbacher, R.D. Adams, E. Braunwald, R.G. Petersdorf and J.D. Wilson, eds., “Harrison’s Principles of Internal Medicine”, 9th ed., McGraw-Hill, New York, 6 (1980).
D.H. Novack, R. Plumer, R.L. Smith, H. Ochitill, G.R. Morrow and J.M. Bennett, “Changes in Physicians’ Attitudes Towards Telling the Cancer Patient”, JAMA, 241:897–900 (1979); Presidents Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research “Making Health Care Decisions” Vol. 2, Washington D.C, Government Printing Office, 145 (1982).
R. Shapiro, “Living Will in Wisconsin”, Wisconsin Medical Journal Vol.85 17–23 (1986).
Ibid.
Rasmussen v. Fleming, No. 2 CA-CIV 5622 (Ariz Ct App, June 25, 1986).
Barber v. Superior Court, 147 Cal App 3d 1006, 195 Cal Rptr 484 (1983).
Foody v. Manchester Memorial Hospital, 40 Conn. Super. 127, 482 A 2d 713 (Conn. Super. Ct. 1984).
John F. Kennedy Hospital v. Bludworth, 452 So. 2d 921 (Fla. 1984).
In re Colyer, 99 Wash. 2d 114, 660 P 2d 738 (1983) (en banc).
In re Dinnerstein, 6 Mass app 629, 405 NE 2d 115 (1980).
See Ark Stat Ann Sec 82-3803; Conn Gen Stat Ann Sec. 19a-571; Fla Stat Ch 84-58 sec. 765.07; Iowa Code ch 144A.7; La Rev. Stat. 40:1299.58.5; NM Stat Ann Sec. 24-7-8.1; NC Gen Stat Sec. 90-322; Or Rev. Stat. Sec. 97.083; Tex Stat Ann Art 4590h, Sec. 4C; Utah Code Ann Sec. 75-2-1107; Va Code Sec. 54-325.8:6.
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 1988 Plenum Press, New York
About this chapter
Cite this chapter
Shapiro, R. (1988). Ethical Implications of use of the Living Will in Care of the Terminally Ill. In: Gilmore, A., Gilmore, S. (eds) A Safer Death. Springer, Boston, MA. https://doi.org/10.1007/978-1-4615-8359-2_12
Download citation
DOI: https://doi.org/10.1007/978-1-4615-8359-2_12
Publisher Name: Springer, Boston, MA
Print ISBN: 978-1-4615-8361-5
Online ISBN: 978-1-4615-8359-2
eBook Packages: Springer Book Archive