Ethical and Legal Issues in Medical Law, Research Paper Example

The hospital, in this situation, did not have the right to prevent David from being taken off of the respirator due to his personal rights to liberty and the fact that he had given informed content in as a sovereign and competent individual.

Issue

Does the hospital have the right to prevent David from being taken off of the respirator?

Rule

The rights that a patient has to request physician assisted death, whether actively or passively induced, depends largely on the state that they are in.  However, the difference between the ideas of active and passive euthanasia should be considered.  While active euthanasia would involve taking action to end an individual’s life prematurely, such as the administration of drugs, passive euthanasia is the withdrawal of essential life support systems in order to let the patient die in a more natural way.  This distinction presents important implications in the way that a patient’s right to die is seen in the eyes of the law.  In the case Cruzan V. Director, Missouri Department of Health, the question of whether parents could refuse life sustaining support for their children was asked.  The supreme courts concluded that the right to refuse treatment was a basic liberty under the constitution.

Analysis

While active euthanasia is entirely illegal throughout the country, a patient’s rights to passive euthanasia are largely upheld by the Supreme Court.  This practice is largely based on the notion of informed consent.  Furthermore, the competence of the patient is also important to consider.  The state’s interest in these cases lies in the idea of informed consent, or whether it can be determined that this was in the best interest of the patient’s intentions.

Conclusion

The hospital, in this situation, did not have the right to prevent David from being taken off of the respirator due to his personal rights to liberty and the fact that he had given informed content in as a sovereign and competent individual.

1. What were the primary concerns of the hospital?

The primary concerns of the hospital were in the continuation of life due to their religious beliefs.

2. What was the physician’s primary concern?

The physician’s primary concern was in the comfort of the patient and their right to die in a natural way.

3. When should the discussion about the patient’s future plans have taken place with the hospital administrator?

This should have been discussed between the doctor, patient, and administrator when the patient made the request.

Works Cited

Cruzan by Cruzan v. Director, Missouri Department of Health. Rehnquist Court. 497 US 261 (1990).