Death with Dignity a Community Service Research Project Designed by Rutgers Jrs
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Schiavo Revisited? the Trs Uggle for Autonomy at the End of Life in Italy Kathy L
Marquette Elder's Advisor Volume 12 Article 3 Issue 2 Spring Schiavo Revisited? The trS uggle for Autonomy at the End of Life in Italy Kathy L. Cerminara Nova Southeastern University Shepard Broad Law Center Federico Gustavo Pizzetti University of Milan, Italy Watcharin H. Photangtham Follow this and additional works at: http://scholarship.law.marquette.edu/elders Part of the Elder Law Commons Repository Citation Cerminara, Kathy L.; Pizzetti, Federico Gustavo; and Photangtham, Watcharin H. (2011) "Schiavo Revisited? The trS uggle for Autonomy at the End of Life in Italy," Marquette Elder's Advisor: Vol. 12: Iss. 2, Article 3. Available at: http://scholarship.law.marquette.edu/elders/vol12/iss2/3 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Elder's Advisor by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. SCHIAVO REVISITED? THE STRUGGLE FOR AUTONOMY AT THE END OF LIFE IN ITALY Kathy L. Cerminara*, Federico Gustavo Pizzetti** & Watcharin H. Photangtham*** Politically strident debates surrounding end-of-life decisionmaking have surfaced once again, this time across the Atlantic in Italy. Eluana Englaro died in 2009 after a prolonged court fight, causing the internationalpress to compare her case to that of Theresa Marie Schiavo, who passed away in 2005 in Florida after nearly This Article's analysis of proposed Italian legislation was current as of August, 2010. Political debate has, however, continued in Italy, so that any legislation eventually passed may differ in important ways from that discussed here. -
The Necessary Right of Choice for Physician-Assisted Suicide
Student Publications Student Scholarship Fall 2017 The ecesN sary Right of Choice for Physician- Assisted Suicide Kerry E. Ullman Gettysburg College Follow this and additional works at: https://cupola.gettysburg.edu/student_scholarship Part of the Applied Ethics Commons, and the Ethics in Religion Commons Share feedback about the accessibility of this item. Ullman, Kerry E., "The eN cessary Right of Choice for Physician-Assisted Suicide" (2017). Student Publications. 574. https://cupola.gettysburg.edu/student_scholarship/574 This open access student research paper is brought to you by The uC pola: Scholarship at Gettysburg College. It has been accepted for inclusion by an authorized administrator of The uC pola. For more information, please contact [email protected]. The ecesN sary Right of Choice for Physician-Assisted Suicide Abstract Research-based paper on the importance of the right for terminally ill patients facing a painful death to be able to choose how they end their life Keywords Assisted-Suicide, Maynard, Kevorkian, Terminally-ill Disciplines Applied Ethics | Ethics in Religion Comments Written for FYS 150: Death and the Meaning of Life. Creative Commons License Creative ThiCommons works is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This student research paper is available at The uC pola: Scholarship at Gettysburg College: https://cupola.gettysburg.edu/ student_scholarship/574 Ullman 1 Kerry Ullman Professor Myers, Ph.D. Death and the Meaning of Life - FYS 30 November 2017 Assisted Suicide The Necessary Right of Choice for Physician-Assisted Suicide Imagine being told you have less than six months left to live. On top of that horrific news, you experience excruciating pain every single day that is far more atrocious than anything you could have possibly imagined. -
FENA Conversation with Fran
FINAL EXIT NETWORK VOL 18 • NO 1 WINTER, JAN/FEB 2019 CONTENTS TTHEHE TIME TO IMPROVE OREGON-STYLE LAWS? .........3 GOODGOOD DEMENTIA ADVANCE DEATHDEATH DIRECTIVES ...........................5 FISCAL YEAR REPORT ............9 SOCIETYSOCIETY AMERICANS ACCEPT FEN EUTHANASIA ..................... 11 A Conversation With Fran By Michael James, FEN Life Member enior Guide Fran Schindler’s voice was raspy after five days of protesting in Washington, DC, but this remarkable 79- Q: year-old’sS enthusiasm for FEN and life in general was loud and clear. “The privilege of someone being What’s going to willing to have me with them when they die, when I happen to you? only just sit with them, is the most meaningful thing I have ever done.” In the late 1980s, Fran faced a series of daunt- ing issues: a brain tumor, divorce, and mysterious A. symptoms which mimicked ALS. She acknowledg- es she became obsessed with finding ways to kill I will get dead. herself during those dark days. Eventually she heard Faye Girsh lecture about FEN. She quickly signed up for training and got her FEN membership card in November 2006. Twelve years later she estimates FRAN continued on page 2 Renew your membership online: www.finalexitnetwork.org FRAN continued from page 1 she’s been present for over 70 individuals who have taken their lives using FEN protocol. “At the FEN training class I discovered a major benefit of being a “Start doing FEN member. I looked at the trainers and my fellow classmates—people who didn’t know me—and real- what you want ized that if I needed them they would be there for me. -
Introduction Analysis
AYEH, TEXAS LAW OBSTRUCTS PREGNANT MOTHER’S RIGHT TO DIE, VOICES IN BIOETHICS, VOL. 1 (2014-15) Texas Law Obstructs Pregnant Mother’s Right to Die Derek Ayeh* Keywords: bioethics, ethics, abortion, Texas INTRODUCTION By now the legitimacy of do not resuscitate (DNR) orders are acknowledged by everyone – if a patient presents an advanced directive or their family members agree as to what the patient’s wishes were for end- of-life care, then life-sustaining treatments can be withdrawn or withheld. However, a Texas law is preventing a pregnant woman from exercising the choice to not be resuscitated. ANALYSIS The woman, Marlise Munoz, was found unconscious in late November and since then has not regained consciousness. However, the fetus she carries continues to have a beating heart and there is a Texas state law that puts the rights of a fetus over the wishes of its mother. Her husband, Erik Munoz, along with her parents all agreed that it would have been against Marlise’s wishes to be kept on life support. Already we can see how different this case is from the Terri Schiavo case between husband and parents. Instead this case is between the Marlise family and the John Peter Smith Hospital in Fort Worth. It’s easy to see how this case could slip into questions of pro-life versus pro-choice. This issue pits the mother’s choices against the ‘best interests’ of the fetus (or at least, what certain groups interpret as the fetus’s best interests). However, a best interests stance is not straightforward in this case either. -
NOW Is Time to Address Dementia
The Human Right To A Death With Dignity Special Edition FEN responds in hour of crises VOL 19 • NO 2 SPRING 2020 NOW is time to address dementia Final Exit Network has created surrounding the explosion in a new Advance Directive designed Alzheimer’s and other forms of to prevent dying people from being dementia, because no state that offers force fed against their wishes – Medical Aid in Dying accommodates even if suffering from dementia. patients who are not “of sound mind” What’s more, FEN will go to court when it is time to receive assistance. in an effort to set a legal precedent Now there is a second, more ensuring that VSED (Voluntarily pressing crisis: COVID-19. The Stopping Eating and Drinking) is specter of a ventilator is now reality always available to those who sign for many of us who were already the Supplemental Advance Directive concerned about how we would die. for Dementia Care. FEN is stepping up in this time This document, and the drive to of dual crises, and this edition of the make it legally binding, has been magazine is keenly focused on on our agenda for some time. We what we all need to know. recognized the growing crisis – Brian Ruder, FEN President Life (and death) in the time of COVID-19 By Lowrey Brown words apply equally well when applied to laws FEN Client Services Director and social customs that would rob so many of The title is hardly original wordplay at the right to shape how their life stories end. -
The Court Upholds a State Law Prohibiting Physician-Assisted Suicide
Journal of Criminal Law and Criminology Volume 88 Article 3 Issue 3 Spring Spring 1998 The ourC t Upholds A State Law Prohibiting Physician-Assisted Suicide Brett einbF erg Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Brett einbeF rg, The ourC t Upholds A State Law Prohibiting Physician-Assisted Suicide, 88 J. Crim. L. & Criminology 847 (Spring 1998) This Supreme Court Review is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/98/8803-0847 THE JOURNAL OF CRIMINALLAW & CRIMINOLOGY Vol. 88, No. 3 Copyrght © 1998 by Northwestern University, School of Law Printed in U.S.A. THE COURT UPHOLDS A STATE LAW PROHIBITING PHYSICIAN-ASSISTED SUICIDE Vacco v. Quill, 117 S. Ct. 2293 (1997) I. INTRODUCTION In Vacco v. Quill,' the United States Supreme Court ad- dressed whether a terminally ill person has a constitutionally protected right to commit suicide with the assistance of a physi- cian.2 The Court held that state laws prohibiting physician- assisted suicide are constitutionally permissible since they do not violate the Equal Protection Clause.3 In making its decision, the Court determined that the right to die with assistance is not a fundamental right.4 The Court -
La Necessità Di Diritti Infelici. Il Diritto Di Morire Come Limite All’Intervento Penale(*)
LA NECESSITÀ DI DIRITTI INFELICI. IL DIRITTO DI MORIRE COME LIMITE ALL’INTERVENTO PENALE(*) di Massimo Donini Lasciar morire una persona in un modo che altri approvano, ma che essa considera in orribile contraddizione con la sua vita, è una forma di tirannia odiosa e distruttiva. Ronald Dworkin1 Abstract. Lo studio mette in chiaro che la situazione del malato in condizioni irreversibili e di crudele sofferenza per malattie incurabili, resa possibile dalla stessa medicina che consente un prolungamento della vita straordinario, ma anche artificiale o innaturale, è diversa da quella di qualsiasi altro soggetto che viene protetto dalle norme a tutela della vita. Nel rifiuto delle cure, riconosciuto a livello internazionale come diritto pieno anche quando il suo esercizio conduca a morire dopo pochi minuti, è contenuto già il riconoscimento del diritto di morire. Nel caso Englaro (come in quelli Cruzan, Schiavo, Bland e Lambert) quel diritto è stato addirittura riconosciuto attraverso un terzo, per realizzare un omicidio doloso e non “del consenziente”. La costruzione di diritti infelici come diritti fondamentali del malato non può essere lasciata al solo diritto giurisprudenziale, anche se grazie a esso sono nati come diritti che già ora limitano le incriminazioni (aiuto al suicidio, omicidio del consenziente, omicidio). La comparazione con gli ordinamenti tedesco, svizzero, olandese, belga, offre un ventaglio di esperienze diverse orientate alla compassione e non all’indifferenza rispetto all’autonomia e alle sofferenze di malati che non sono suscettibili o desiderosi di sole cure palliative. Essa aiuta anche a comprendere la relatività della distinzione tra agire e omettere e tra condotta di autore e di partecipe in queste situazioni scriminate di aiuto a morire e non solo nel morire. -
The Right to Assisted Suicide and Euthanasia
THE RIGHT TO ASSISTED SUICIDE AND EUTHANASIA NEIL M. GORSUCH* I. INTRODUCTION ........................................................ 600 I. THE COURTS ............................................................. 606 A. The Washington Due Process Litigation............ 606 1. The Trial Court ...................... 606 2. The Ninth Circuit Panel Decision ............. 608 3. The En Banc Court ...................................... 609 B. The New York Equal ProtectionLitigation ........ 611 1. The Trial Court ........................................... 611 2. The Second Circuit ..................................... 612 C. The Supreme Court............................................. 613 1. The Majority Opinion ................................. 614 2. The Concurrences ....................................... 616 D. The Consequences ofGlucksberg and Quill .... 619 III. ARGUMENTS FROM HISTORY ................................... 620 A. Which History?................................................... 620 B. The Ancients ....................................................... 623 C. Early Christian Thinkers .................................... 627 D. English Common Law ......................................... 630 E. ColonialAmerican Experience........................... 631 F. The Modern Consensus: Suicide ........................ 633 G. The Modern Consensus: Assisting Suicide and Euthanasia.......................................................... 636 IV. ARGUMENTS FROM FAIRNESS .................................. 641 A . Causation........................................................... -
Challenges & Lessons from the Terri Schiavo Case
Article Challenges & Lessons from the Terri Schiavo Case Challenges & Lessons from the Terri Schiavo Case Hessel Bouma III In 1990, Terri Schiavo suffered severe brain injury yet lived fifteen years in a vegetative state dependent upon artificial hydration and nutrition. For more than seven years, Terri’s husband and her family contested her condition, prognosis, and whether to withhold or continue her medical care through the court system, media, communities of faith, and the legislative and executive branches of the state and federal governments. An examination of medical, moral, religious, and legal aspects of withholding or withdrawing artificial hydration and nutrition suggests the judiciary branch acted responsibly in this tragic case. The Schiavo case challenges us to support more research into severe brain injuries, to prepare our Advance Directives appointing surrogate decision-makers and leaving clear and convincing evidence of our wishes should we be incapacitated, to affirm the lives and choices of persons with disabilities, and to 1 Hessel Bouma III address issues of fairness and justice in the allocations of medical technologies. he 1960s and 1970s saw a rapid rise in far out in front of carefully considered bio- Tbiomedical technologies including ethical responses, public policy, and legal Under what cardiopulmonary resuscitation, cardiac decisions. Foremost among the many vexing by-pass machines, ventilators, and organ questions was, ”Under what circumstances, circumstances, transplantation. Dr. Lewis Thomas perceived -
Assisted Suicide, the Due Process Clause and "Fidelity in Translation"
Fordham Law Review Volume 63 Issue 4 Article 11 1995 Assisted Suicide, the Due Process Clause and "Fidelity in Translation" Willard C. Shih Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Willard C. Shih, Assisted Suicide, the Due Process Clause and "Fidelity in Translation", 63 Fordham L. Rev. 1245 (1995). Available at: https://ir.lawnet.fordham.edu/flr/vol63/iss4/11 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. ASSISTED SUICIDE, THE DUE PROCESS CLAUSE AND "FIDELITY IN TRANSLATION" WILLARD C. SHIH INTRODUCTION [T]he prospect of impossibility should not dissuade any scientist or doctor who is sincerely dedicated to the pursuit of empirical truth. A prerequisite for that noble aim is the ideal of unfettered experi- mentation on human death under impeccably ethical conditions. [Physician-assisted suicide], as I have outlined it, comes closest to that ideal, now and for the foreseeable future. The practice should be legitimized and implemented as soon as possible; but that calls for the strident advocacy of influential personalities who, unfortu- nately, choose to remain silent or disinterested-or simply antithetical.' Dr. Kevorkian authored this passage hoping that other physicians would read it and join his crusade supporting physician-assisted sui- cide. The mere mention of his name stirs up different images in peo- ple's minds. -
An Option in Modern Health Care Decision Making
Copyright © 2013 Ave Maria Law Review “THEY WANT ME DEAD”—ACTIVE KILLING— AN OPTION IN MODERN HEALTH CARE DECISION MAKING Rebekah C. Millard, Life Legal Defense Foundation INTRODUCTION “Thousands of medical ethicists and bioethicists, as they are called, professionally guide the unthinkable on its passage through the debatable on its way to becoming the justifiable until it is finally established as the unexceptional.”1 According to the published statements of British medical practitioners in June of 2012, more than 100,000 patients each year are put on a “death pathway” protocol by their doctors, thereby hastening their deaths.2 The death pathway is invoked for a variety of reasons, including the difficulty of the treatment involved, or to free up additional beds in overcrowded health care facilities. The protocol can include withdrawal of treatment—including water and nourishment—and usually results in death within thirty-three hours. Observers were not slow to equate the use of this protocol to euthanasia, which although legal in some jurisdictions,3 remains 4 illegal in the United Kingdom. J.D. Oakbrook College of Law and Government Policy, 2008; staff counsel for the Life Legal Defense Foundation, a non-profit, public interest law firm with the mission of giving innocent and helpless human beings of any age a trained and committed defense against the threat of death and to support their advocates in the nation’s courtrooms. Many thanks to Ave Maria School of Law student Joan Hetzler for her research assistance, and to my colleagues at Life Legal for their input, help, and encouragement. -
The Ethical Dilemma of Physician-Assisted Suicide and Euthanasia
The Ethical Dilemma of Physician-Assisted Suicide and Euthanasia Student Name Course name August 9, 20XX While healthcare reform is often a heavily debated topic by politicians, healthcare providers, and the general public, there is perhaps no greater debate in healthcare than physician- assisted suicide or euthanasia. Modern advancements in medicine and technology, as well as policy changes in several states, have progressed treatment options available to patients considering euthanasia. Pappas (1996), commented that, “Breakthroughs of the past century have empowered doctors to battle acute infection successfully, thus transforming the hospital, from functioning essentially as a hospice, to an institution which provides medical, surgical and curative treatment for the sick and injured,” (p. 387). One may think that the advances of modern medicine have extended to include ethical issues regarding a patient’s right-to-die. Yet, while euthanasia is overwhelmingly considered humane in case of animals, the same cannot be said regarding human patients. In fact, even though humans possess the capacity to reason, thereby making hard choices and decisions regarding end-of-life care, it is still more acceptable to allow animals to die with dignity over people. Death is certain for everyone. That is why ethical issues surrounding a patient’s right-to- die affects everyone from currently healthy individuals to those who are braving terminal illness. Ethical arguments in favor of euthanasia began appearing in medical journals in the United Kingdom and the United States as early as the 1870s. The legal history of euthanasia dates back at least a century in the United States, with Ohio proposing the first bill to legalize euthanasia in 1906.