Do We Have the Right to Die? Copyright 2015 by David Cloud ISBN 978-1-58318-200-0
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How Neuroscience Technology Is Changing Our Understanding of Brain Injury, Vegetative States and the Law
NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY Volume 20 Issue 3 Article 2 3-1-2019 How Neuroscience Technology is Changing Our Understanding of Brain Injury, Vegetative States and the Law Glenn R. Butterton Follow this and additional works at: https://scholarship.law.unc.edu/ncjolt Part of the Law Commons Recommended Citation Glenn R. Butterton, How Neuroscience Technology is Changing Our Understanding of Brain Injury, Vegetative States and the Law, 20 N.C. J.L. & TECH. 331 (2019). Available at: https://scholarship.law.unc.edu/ncjolt/vol20/iss3/2 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of Law & Technology by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY VOLUME 20, ISSUE 3: MARCH 2019 HOW NEUROSCIENCE TECHNOLOGY IS CHANGING OUR UNDERSTANDING OF BRAIN INJURY, VEGETATIVE STATES AND THE LAW Glenn R. Butterton* The author examines clinical studies that use neuroscience technology to study patients in Vegetative States. The studies indicate that some of the patients are, in fact, conscious. The author suggests that this finding is a matter of considerable practical importance for the drafting and execution of end-of-life protocols such as Advance Directives and Living Wills. He recommends that statutes, and other guidance used by patients, caregivers, medical institutions, family members and others to draft and interpret such Directives and Wills, be revised or amended to take account of these results. I. INTRODUCTION ........................................................................332 II. -
Bioethics an Introduction
Bioethics An Introduction Providing readers with the confidence needed to debate key issues in bioethics, this introductory text clearly explains bioethical theories and their philosophical foundations. Over 250 activities introduce topics for personal reflection, and discussion points encourage students to think for themselves and build their own arguments. High- lighting the potential pitfalls for those new to bioethics, each chapter features boxes providing factual information and outlining the philosophical background, along with detailed case studies that offer an insight into real-life examples of bioethical problems. Within-chapter essay questions and quizzes, along with end-of-chapter review questions, allow students to check their understanding and to broaden their thinking about the topics discussed. The accompanying podcasts by the author (two of whose podcasts on iTunesUTM have attracted over 3 million downloads) explain points that might be difficult for beginners. These, along with a range of extra resources for students and instructors, are available at www.cambridge.org/bioethics. Marianne Talbot has been Director of Studies in Philosophy at Oxford University’s Department For Continuing Education since 2001, where she is responsible for the university’s lifelong learning in philosophy. Talbot pioneered Oxford’s popular online short courses, and has more recently specialised in teaching ethics to scientists. She teaches ethics for Doctoral Training Centres in Oxford and in London, has trained the EPSRC itself in ethics and has written two online courses in bioethics for Oxford University. Bioethics An Introduction MARIANNE TALBOT University of Oxford cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, Sa˜o Paulo, Delhi, Mexico City Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521888332 # M. -
TIPS, Volume 27, No. 1, 2 & 3, 2007
University of Nebraska Medical Center DigitalCommons@UNMC Training Institute Publication Series (TIPS) Wolfensberger Collection 6-2007 TIPS, Volume 27, No. 1, 2 & 3, 2007 Wolf P. Wolfensberger Syracuse University Follow this and additional works at: https://digitalcommons.unmc.edu/wolf_tips Part of the Psychology Commons Recommended Citation Wolfensberger, Wolf P., "TIPS, Volume 27, No. 1, 2 & 3, 2007" (2007). Training Institute Publication Series (TIPS). 84. https://digitalcommons.unmc.edu/wolf_tips/84 This Book is brought to you for free and open access by the Wolfensberger Collection at DigitalCommons@UNMC. It has been accepted for inclusion in Training Institute Publication Series (TIPS) by an authorized administrator of DigitalCommons@UNMC. For more information, please contact [email protected]. Editor/Publisher Editorial Address: Wolf Wolfensberger Training Institute for Human Service Professor Planning, I...eacbship & Change Agentry School of Education 800 South Wilbur Avenue, Suite 3B 1 Syracuse University Syracuse, New York 13204 Syracuse, New York USA June/ Aug./Oct. 2007 TRAINING INSTITUTE PUBUCATION SERIES Syracuse, NY Vol. 27, Nos. 1,2, & 3 13204 LAST ISSUE Introduction As we announced in our last issue of TIPS, TIPS is ceasing publication after 26 years. (It began in 1981 with the help of Carolyn Bardwell Wheeler.) In fact, this triple issue of TIPS is the LAST issue and fittingly, its major topic is deathmaking. One reason we have chosen this topic is in anticipation of the upcoming Sanctity of Life workshop to be held in Nazareth, Kentucky, on September 17-21,2007 (see flyer enclosed at the end of TIPS). We ask all readers to copy and disseminate the workshop flyer, and to actively recruit for the event. -
The Growing Power of Healthcare Ethics Committees Heightens Due Process Concerns Thaddeus Mason Pope Mitchell Hamline School of Law, [email protected]
Mitchell Hamline School of Law Mitchell Hamline Open Access Faculty Scholarship 2014 The Growing Power of Healthcare Ethics Committees Heightens Due Process Concerns Thaddeus Mason Pope Mitchell Hamline School of Law, [email protected] Publication Information 15 Cardozo Journal of Conflict Resolution 425 (2014) Repository Citation Pope, Thaddeus Mason, "The Growing Power of Healthcare Ethics Committees Heightens Due Process Concerns" (2014). Faculty Scholarship. Paper 277. http://open.mitchellhamline.edu/facsch/277 This Article is brought to you for free and open access by Mitchell Hamline Open Access. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. The Growing Power of Healthcare Ethics Committees Heightens Due Process Concerns Abstract Complex ethical situations, such as end-of-life medical treatment disputes, occur on a regular basis in healthcare settings. Healthcare ethics committees (HECs) have been a leading dispute resolution forum for many of these conflicts. But while the function of HECs has evolved from mediation to adjudication, the form of HECs has not evolved to adapt to this expanded and more consequential function. HECs are typically multidisciplinary groups comprised of representatives from different departments of the healthcare facility: medicine, nursing, law, pastoral care, and social work, for example. HECs were established to support and advise patients, families, and caregivers as they work together to find os lutions for delicate circumstances. HECs generally have been considered to play a mere advisory, facilitative role. But, increasingly, HECs have been playing a decision making role. Both in law and in practice, state governments and healthcare facilities have been giving HECs more authority to adjudicate conflicts and more responsibility for making treatment decisions. -
Context Matters: Disability, the End of Life, and Why the Conversation Is Still So Difficult
CORE Metadata, citation and similar papers at core.ac.uk NYLS Law Review Vols. 22-63 (1976-2019) Volume 58 Issue 2 Freedom of Choice at the End of Life: Patients’ Rights in a Shifting Legal and Political Article 8 Landscape January 2014 Context Matters: Disability, the End of Life, and Why the Conversation Is Still So Difficult ALICIA OUELLETTE Associate Dean for Academic Affairs and Intellectual Life and a Professor of Law at Albany Law School Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Bioethics and Medical Ethics Commons, Elder Law Commons, and the Health Law and Policy Commons Recommended Citation ALICIA OUELLETTE, Context Matters: Disability, the End of Life, and Why the Conversation Is Still So Difficult, 58 N.Y.L. SCH. L. REV. (2013-2014). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 58 | 2013/14 VOLUME 58 | 2013/14 ALICIA OUELLETTE Context Matters: Disability, the End of Life, and Why the Conversation Is Still So Difficult 58 N.Y.L. Sch. L. Rev. 371 (2013–2014) ABOUT THE AUTHOR: Alicia Ouellette is Associate Dean for Academic Affairs and Intellectual Life and a Professor of Law at Albany Law School. She is also a Professor of Bioethics in the Union Graduate College and Mt. Sinai School of Medicine Program in Bioethics. 371 DISABILITY, THE END OF LIFE, AND WHY THE CONVERSATION IS STILL SO DIFFICULT I. -
Brain Death to Cardiovascular Or Somatic Death
EthxWeb Search Results Search Detail: Result=@YD >= "20050000" 2="20.2."+.PC. 3=2 AND 1 : " Documents: 1 244 of 244 Document 1 Feldt, Karen S; Bond, Gail E; Jacobson, Dana; Clymin, Janine Washington State Death with Dignity Act: implications for longterm care. Journal of gerontological nursing 2011 Oct; 37(10): 3240 Abstract: The Washington Death with Dignity Act (DWDA) allows competent, terminally ill adults to request a lethal dose of medication from a physician. The purpose of this study was to explore knowledge of Directors of Nursing (DONs) in longterm care (LTC) and assisted living facilities regarding the DWDA. Findings of the survey provide insight into DONs' understanding of the law and whether they have provided staff education regarding how to respond to resident requests. This survey, although limited by sample size, may provide guidance for policy development in LTC settings regarding similar laws. Georgetown users check Georgetown Journal Finder for access to full text Document 2 RodríguezArias, David; Smith, Maxwell J; Lazar, Neil M Donation after circulatory death: burying the dead donor rule. The American journal of bioethics : AJOB 2011 Aug; 11(8): 3643 Abstract: Despite continuing controversies regarding the vital status of both braindead donors and individuals who undergo donation after circulatory death (DCD), respecting the dead donor rule (DDR) remains the standard moral framework for organ procurement. The DDR increases organ supply without jeopardizing trust in transplantation systems, reassuring society that donors will not experience harm during organ procurement. While the assumption that individuals cannot be harmed once they are dead is reasonable in the case of braindead protocols, we argue that the DDR is not an acceptable strategy to protect donors from harm in DCD protocols. -
Medical Futility and Disability Bias Part of the Bioethics and Disability Series
Medical Futility and Disability Bias Part of the Bioethics and Disability Series National Council on Disability November 20, 2019 National Council on Disability (NCD) 1331 F Street NW, Suite 850 Washington, DC 20004 Medical Futility and Disability Bias: Part of the Bioethics and Disability Series National Council on Disability, November 20, 2019 This report is also available in alternative formats. Please visit the National Council on Disability (NCD) website (www.ncd.gov) or contact NCD to request an alternative format using the following information: [email protected] Email 202-272-2004 Voice 202-272-2022 Fax The views contained in this report do not necessarily represent those of the Administration, as this and all NCD documents are not subject to the A-19 Executive Branch review process. National Council on Disability An independent federal agency making recommendations to the President and Congress to enhance the quality of life for all Americans with disabilities and their families. Letter of Transmittal November 20, 2019 The President The White House Washington, DC 20500 Dear Mr. President: On behalf of the National Council on Disability (NCD), I am pleased to submit Medical Futility and Disability Bias, part of a five-report series on the intersection of disability and bioethics. This report, and the others in the series, focuses on how the historical and continued devaluation of the lives of people with disabilities by the medical community, legislators, researchers, and even health economists, perpetuates unequal access to medical care, including life-saving care. When a physician decides that providing or continuing health care treatment would be “medically futile” to a patient, there are a number of objective, evidence-based factors that can impact this decision. -
How Neuroscience Technology Is Changing Our Understanding of Brain Injury, Vegetative States and the Law
University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2019 How Neuroscience Technology Is Changing Our Understanding of Brain Injury, Vegetative States and the Law Glenn R. Butterton Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Estates and Trusts Commons, and the Medical Jurisprudence Commons NORTH CAROLINA JOURNAL OF LAw & TECHNOLOGY VOLuME 20, ISSUE 3: MARCH 2019 How NEUROSCIENCE TECHNOLOGY IS CHANGING OUR UNDERSTANDING OF BRAIN INJURY, VEGETATIVE STATES AND THE LAW Glenn R. Butterton* The author examines clinical studies that use neuroscience technology to study patients in Vegetative States. The studies indicate that some of the patients are, in fact, conscious. The author suggests that this finding is a matter of considerable practical importance for the drafting and execution of end-of-life protocols such as Advance Directives and Living Wills. He recommends that statutes, and other guidance used by patients, caregivers, medical institutions,family members and others to draft and interpretsuch Directives and Wills, be revised or amended to take account of these results. I. INTRODUCTION ........................................................................ 332 II. BACKGROUND ........................................................................ 335 A . The Phenomenon ........................................................... 335 B . Causal F actors.............................................................. 337 C. -
Legal Briefing: Healthcare Ethics Committees,” the Journal of Clinical Ethics 22, No
Articles from The Journal of Clinical Ethics are copyrighted, and may not be reproduced, sold, or exploited for any commercial purpose without the express written consent of The Journal of Clinical Ethics. 74 The Journal of Clinical Ethics Spring 2011 Thaddeus Mason Pope, “Legal Briefing: Healthcare Ethics Committees,” The Journal of Clinical Ethics 22, no. 1 (Spring 2011): 74-93. Law Legal Briefing: Healthcare Ethics Committees Thaddeus Mason Pope 5. Decision-making and gate-keeping roles Readers who learn of cases, statutes, or regulations 6. Confidentiality that they would like to have reported in this column are 7. Immunity encouraged to e-mail Thaddeus Pope at tmpope@ 8. Litigation and court cases widener.edu. EXISTENCE AND AVAILABILITY ABSTRACT The history of ethics committees is familiar This issue’s “Legal Briefing” column covers recent legal to the readers of this journal. The origins of eth- developments involving institutional healthcare ethics com- ics committees date to the therapeutic abortion mittees.1 This topic has been the subject of recent articles in committees, dialysis allocation committees, and JCE.2 Healthcare ethics committees have also recently been early institutional review boards (IRBs) of the the subject of significant public policy attention. Disturbingly, 1960s.4 The use of ethics committees received Bobby Schindler and others have described ethics commit- a major boost in 1976. That year, the Quinlan tees as “death panels.”3 But most of the recent attention has court suggested that ethics committees, rather been positive. Over the past several months, legislatures and than courts, should review decisions to with- courts have expanded the use of ethics committees and clari- hold or withdraw treatment as “a general prac- fied their roles concerning both end-of-life treatment and other tice and procedure.”5 issues. -
1 Submission to the Senate Euthanasia Inquiry Bill Muehlenberg Spokesman, Family Council of Victoria August 2014 the Family Coun
Submission to the Senate Euthanasia Inquiry Bill Muehlenberg Spokesman, Family Council of Victoria August 2014 The Family Council of Victoria strongly disapproves of any move to legalise euthanasia, and strongly rejects the Bill put forward by the Greens. Legalised euthanasia is problematic for a number of reasons. The following document spells out these concerns in detail in a fully-referenced paper. The Case Against Legalised Euthanasia The case against legalised euthanasia needs to be spelled out in detail. This is especially urgent since there seems to be so much moral and intellectual fuzziness concerning this debate. Therefore I here offer ten major reasons why no civilised society should move in this direction. However, first a word about terminology. Terminology and definitions In this important debate, it is imperative that we clearly define our terms before proceeding. This is vital because so much misleading language is being used in this debate, and so many euphemisms are being tossed around. Indeed, emotive imagery and deceptive language are clouding what this issue is really about. As J. Daryl Charles puts it, “Euthanasia today depends on euphemisms. Orwellianisms such as ‘exit preference’, ‘death with dignity’, and a ‘right to die’ are absolutely critical to its cultural legitimation. Empowered by sentiment, euthanasia rhetoric is dependent on images and symbols.”1 For the purposes of this book, euthanasia is simply about one thing. It is not about halting futile treatment. Nor is it about the alleviation of suffering (this is known as palliative care). Euthanasia is an act that directly and intentionally causes a person’s death.