Verified Document

Physician Assisted Suicide And Legal Issues Case Study

Right to Die Physician-Assisted Suicide

The case of Mildred D: The right to die

The core dilemma of 'the right to die' of Mildred D. revolves around Mildred's alleged statement to her children that she wanted no heroic means to continue her life. There is also the question of whether intravenous feeding is 'heroic' means, since removing the NG will effectively 'starve' her and ending her life before it would naturally terminate were the NG tube not removed. Food is usually not considered 'additional' means of life support, although it is debatable whether food not administered by mouth constitutes heroic means. Mildred had no living will clarifying her wishes and is now not competent to make the decision herself.

Legally, in the U.S. Supreme Court case of Cruzan v. Director, Missouri Department of Health, "the Court considered whether Missouri could insist on proof by 'clear and convincing evidence' of a comatose patient's desire to terminate her life before allowing her family's wish to disconnect her feeding tube to be carried out" (The right to die, 2012, Exploring...

In an 8-9 majority decision, the Court concluded that although "the right to die was a liberty protected by the Due Process Clause... A bare majority of the Court upheld the state's insistence upon clear and specific evidence that the patient would wish to have intravenous feeding discontinued" (The right to die, 2012, Exploring Constitutional Conflicts.).
In the Cruzan case, the findings of the Court provide ethical as well as legal guidance about how to view the administration of artificial nutrition, which it considers to be medical treatment just as much as artificial respiration: "Whether or not the techniques used to pass food and water into the patient's alimentary tract are termed 'medical treatment,' it is clear they all involve some degree of intrusion and restraint...Requiring a competent adult to endure such procedures against her will burdens the patient's liberty, dignity, and freedom to determine the course of her own treatment. Accordingly, the liberty guaranteed by the Due Process Clause must protect, if it protects anything, an individual's deeply…

Sources used in this document:
References

Cruzan v. Director, Missouri Dep't of Health, 497 U.S. 261 (1990). Retrieved:

http://biotech.law.lsu.edu/cases/consent/Cruzan_SC.htm

The right to die. (2012). Exploring Constitutional Conflicts. Retrieved:

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/righttodie.htm
Cite this Document:
Copy Bibliography Citation

Related Documents

Physician-Assisted Suicide Should It Be Permissible for
Words: 1398 Length: 4 Document Type: Essay

Physician-Assisted Suicide Should it be permissible for one to take his life? Previously and now in many cultures, suicide has been considered as a best option in some certain situations of life. For example, in flashback we see Cato the Younger took away his life instead of living under Caesar. For stoics, suicide was a preferred and rational act and there was nothing immoral in suicide instead it was a best option

Physician-Assisted Suicide Physicians-Assisted Suicides: The
Words: 3218 Length: 10 Document Type: Essay

In an article in the British journal Lancet, the doctor stated that he liked Helen right off the bat, and then issued this statement: The thought of Helen dying so soon was almost too much to bear… on the other hand, I found even worse the thought of disappointing this family. If I backed out, they'd feel about me the way they had about their previous doctor, that I had

Physician-Assisted Suicide for the Most
Words: 1535 Length: 5 Document Type: Term Paper

At the very least, those that hold different opinions on physician-assisted suicide should agree that medical treatment must never be at odds with moral treatment. Even though medical treatment is specialized and often differs from the way human beings usually treat each other, medical treatment should never be placed in the position where it goes against the basic moral ideals of how human beings should treat each other. As pointed out,

Physician-Assisted Suicide and Ethical Issues
Words: 924 Length: 3 Document Type: Essay

Perhaps the most reasonable objection to physician-assisted suicide relates to the subjective element of quality of life and the degree to which that perception (on the part of the patient) is susceptible to temporary influence, such as from clinical depression or temporary physical pain or disability. To overcome that objection, it would be necessary to outline objective principles and guidelines capable of allowing physician-assisted suicide in justifiable situations while

Physician Assisted Suicide and Legal Issues
Words: 635 Length: 2 Document Type: Case Study

Physician-Assisted Suicide Every person has basic rights to their own health and well-being. However, during tough times when an individual is suffering dramatically, there are ethical concerns whether or not they should be allowed to commit suicide with no other options. Although this is a patients' right to autonomy, it becomes unethical for a physician to assist in such demands, as physicians have a moral obligation to perform with beneficence and

Physician-Assisted Suicide a Review of Relevant Literature
Words: 3042 Length: 8 Document Type: Term Paper

Physician-Assisted Suicide A Review of Relevant Literature and Popular Opinion Physician-assisted suicide has become a hot topic of late and many people think it is about these physicians becoming killers. This is not true, however, despite the opinions that many hold. The main problem is that many feel that physician-assisted suicide will give doctors too much control over the deaths of their terminally ill patients. This is not the case, however, as

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now