The Case of Nancy Cruzan Importance The case of Nancy Cruzan has become one of the landmark cases for withdrawal of artificial nutrition and hydration because of important ethical issues the case brings to light. At the time of the case, the United States Supreme Court had already established the right of an individual to refuse medical treatment. This issue therefore is not novel to the Cruzan case. Furthermore, there was not any controversy over who was the appropriate decision maker for Nancy Cruzan. The significant issue that the Cruzan case did bring to the table of medical ethics regarded whether or not a substituted decision make could choose to withdraw artificial hydration and nutrition on behalf of another individual. Legal Implications Because the Missouri Supreme Court ruled against the removal of Nancy Cruzan’s artificial hydration and nutrition on the grounds that “clear and convincing” evidence of Nancy’s wishes was not provided, the Cruzan family appealed the decision to the United States Supreme Court arguing that Nancy was being deprived of her right to refuse medical treatment. The Supreme Court ruling affirmed that competent patients have the right to refuse unwanted medical treatment, but also noted that incompetent patients are not capable of exercising this right. Consequently, states may establish their own safe-guards to govern cases in which a substituted decision maker wishes to refuse treatment for an incompetent patient. This ruling therefore upheld the decision of Missouri’s Supreme Court. The major implication of this decision is that each state decides the type of evidence required to withhold or withdraw medical treatment from an incompetent patient. The state ... ... middle of paper ... ...d how these determinations effect a physician’s approach to various types of critically ill patients? These types of questions come in to play when one attempts to critically analyze the differences between the types of terminally ill patients and the subtle ethical/legal nuances between withholding and withdrawing treatment. According to a review by Larry Gostin and Robert Weir about Nancy Cruzan, “…courts examine the physician’s respect for the desires of the patient and the level of care administered. A rule forbidding physicians from discontinuing a treatment that could have been withheld initially will discourage doctors from attempting certain types of care and force them prematurely to allow a patient to die. Physicians must be free to exercise their best professional judgment, especially when facing the sensitive question of whether to administer treatment.”
This is a fascinating case because it presents the distinction between a patient’s right to refuse treatment and a physician’s assistance with suicide. Legally, Diane possessed the right to refuse treatment, but she would have faced a debilitating, painful death, so the issue of treatment would be a moot point. It would be moot in the sense that Diane seemed to refuse treatment because the odds were low, even if she survived she would spend significant periods of time in the hospital and in pain, and if she didn’t survive she would spend her last days in the hospital. If Diane were to merely refuse treatment and nothing else (as the law prescribes) than she would not have been able to avoid the death which she so dearly wanted to avoid.
There are many ethical paradigms through which humans find guidance and justification for their own actions. In the case of contractarianism, citizens of a state are entitled to human rights, considered to be unalienable, and legal rights, which are both protected by the state. As Spinello says, “The problem with most rights-based theories is that they do not provide adequate criteria for resolving practical disputes when rights are in conflict” (14). One case that supports Spinello is the case of Marlise Munoz, a brain-dead pregnant thirty-three year old, who was wrongly kept on life support for nearly two months at John Peter Smith Hospital in Fort Worth, Texas. Misinterpretation of the Texas Advance Directives Act by John Peter Smith Hospital led to the violation of the contractarian paradigm. Although the hospital was following the directive in order to maintain legal immunity for its hospital staff, the rights of the family were violated along with the medical fundamental principle to “first, do no harm.”
The Deaths of Nancy Cruzan follows an ordinary family's unexpected journey to the United States Supreme Court. The book goes behind the scenes at the painful human cost exacted in a highly public legal battle. It is the true story of an American tragedy that could visit any of us in an instant.
Sloss, David. "The Right to Choose How to Die: A Constitutional Analysis of State Laws Prohibiting Physician-Assisted Suicide." Stanford Law Review. 48.4 (1996): 937-973. Web. 2 March 2015.
Four doctors, three terminally ill patients, and a nonprofit organization called Compassion in Dying, came together to file a suit arguing that prohibiting PAS is against a person’s right to liberty (Illingworth & Parmet, 2006). This became known as the Washington et al. v. Glucksberg et al. case. This case went to the Supreme Court in January of 1997 and by that following June was ruled constitutional to uphold PAS as illegal (Washington et al. v. Glucksberg et al., 1997). The penalty for any assistance in a ...
Queen Elizabeth lived a life full of adventure, good times, trials, and even sorrows. Being a queen is not always easy. Queen Elizabeth was well remembered and loved.
Unnoticed by the mainstream press, a disturbing study published in the Fall 2000 issue of the Cambridge Quarterly of Health Care Ethics reveals how far the futile-care movement, in reality the opening salvo in a planned campaign among medical elites to impose health-care rationing upon us, has already advanced. The authors reviewed futility policies currently in effect in 26 California hospitals. Of these, only one policy provided that "doctors should act to support the patient's life" when life-extending care is wanted. All but two of the hospital policies defined circumstances in which treatments should be considered nonobligatory even if requested by the patient or patient representative. In other words, 24 of the 26 hospitals permit doctors to unilaterally deny wanted life-supporting care.
...endent judgments about their own fate. In keeping with this trend there is now a growing drive to review the current laws on euthanasia and assisted suicide.” (McCormack, 1998) Nurses are faced with various ethical dilemmas every day. If theses ethical decisions are not treated in a professional manner there can be harsh consequences for both the patient and the nurse.
The Vietnam War was a horrific war between North Vietnam and South Vietnam. There were many causes for the Vietnam War from both the North and South side. There were also many emotions during the war for United States citizens, Vietnam citizens and soldiers of the war for both Americans and Vietnamese. United States couldn’t help but get into the war. They had to intervene which brought tons of good and bad things to the United States. The Vietnam War wasn’t only affecting the North and South Vietnam it also affected the United States and the citizens of the war from both the United States and Vietnam.
The so-called ‘right to life’ debate has been beaten to death with no resolution in sight…but what of the ‘right to die’ issue? In California, legislation was passed last year that allows terminally ill patients, who are not expected to live more than six months, to request physician-assisted suicide. However, as with the other four states that have adopted similar legislation, the patient must be capable of administering the lethal drug to himself or herself, medical personnel are not required to participate in any way, and the relief does not benefit any others, such as quadriplegics or those suffering from chronic debilitating diseases("State-by-State Guide to Physician-Assisted Suicide"). Therefore, healthcare professionals can choose to follow their own moral values regardless of the patient’s wishes…and they do. The option to choose not to follow a patient’s wishes, or to deny assistance, steps squarely on the personal rights and freedoms of the
Paramedics deemed the patient competent and therefore Ms. Walker had the right to refuse treatment, which held paramedics legally and ethically bound to her decisions. Although negligent actions were identified which may have resulted in a substandard patient treatment, paramedics acted with intent to better the patient despite unforeseen future factors. There is no set structure paramedics can follow in an ethical and legal standpoint thus paramedics must tailor them to every given
It wasn’t until three years later that she became queen. She was twenty five years old when she became queen. Many people did not think she was fit to rule. When she came to power, England was bankrupt. She was only the third queen to rule, and the others ended badly. Even those who were for her were unsure of her rule. They advised her to get married, but she led the country alone for almost a century. She amazed even her enemies with her ruling.
A divergent set of issues and opinions involving medical care for the very seriously ill patient have dogged the bioethics community for decades. While sophisticated medical technology has allowed people to live longer, it has also caused protracted death, most often to the severe detriment of individuals and their families. Ira Byock, director of palliative medicine at Dartmouth-Hitchcock Medical Center, believes too many Americans are “dying badly.” In discussing this issue, he stated, “Families cannot imagine there could be anything worse than their loved one dying, but in fact, there are things worse.” “It’s having someone you love…suffering, dying connected to machines” (CBS News, 2014). In the not distant past, the knowledge, skills, and technology were simply not available to cure, much less prolong the deaths of gravely ill people. In addition to the ethical and moral dilemmas this presents, the costs of intensive treatment often do not realize appreciable benefits. However, cost alone should not determine when care becomes “futile” as this veers medicine into an even more dangerous ethical quagmire. While preserving life with the best possible care is always good medicine, the suffering and protracted deaths caused from the continued use of futile measures benefits no one. For this reason, the determination of futility should be a joint decision between the physician, the patient, and his or her surrogate.
According to David Crystal (2003) "Statistics suggest that nearly a quarter of the world's population is already fluent or content in English". For example, Chinese has more native speakers, however it is a more complicated language in terms of grammar, verbs, meaning of the words, etc. However, some linguists have different points of view as to weather a language becoming global depends on the number of people speaking it . Crystal D. (2002: 7-10) claims that ''Why a language becomes a global language has little to do with the number of people who speak it". Furthermore, English can help one to express various meanings. That is happening because English language not only has a lot of words with different meanings but also has various different types of syntax which help the speakers to be more accurate and to give more emphasis to a particular point if it is needed. Another interesting point is that the writing of English language is simple. There are even languages that have hundreds of letters in their alphabets that could have a different meaning when pronounced differently, like Chinese. The Roman alphabet is considered to be very easy to learn and surely much easier than the Chinese writing system which is very difficult for most people. Moreover, the Roman alphabet in English language is very phonetic, rather than character based, hence it can help to
Angelina Jolie is well known for her Humanitarian work. In August of 2002, she was awarded the inaugural Humanitarian Award from the Church World Service’s Immigration and Refugee Program. In October of 2003 she was the first person to get the Citizen Of The World Award by the United Nations Correspondents Association. Angelina was given the Global Humanitarian Award by the UNA-USA in October 2005.