Document Detail


The legal consensus about foregoing life-sustaining treatment: its status and its prospects.
MedLine Citation:
PMID:  10123320     Owner:  NLM     Status:  MEDLINE    
Abstract/OtherAbstract:
The legal consensus that has evolved through adjudication and legislation since the Karen Quinlan case in 1976 is founded on the premise that there is a bright line between passive euthanasia and active euthanasia. Indeed, the term passive euthanasia is often eschewed in favor of less emotionally-laden terminology such as "forgoing life-sustaining treatment" or "terminating life support" so as to further sever any possible connection with active euthanasia. Legal approval has been bestowed upon passive euthanasia under certain circumstances while active euthanasia is routinely condemned. This consensus was put to a test in 1990 when the United States Supreme Court ruled on the Cruzan case. However, the Court's narrow decision did not upset the consensus, and in the most significant appellate decisions handed down by state courts since Cruzan, there has been a reaffirmation--and possibly even an extension--of the consensus. Two other threats to the legal consensus about forgoing life-sustaining treatment have begun to manifest themselves: the increasing pressure for mercy killing and "futility" cases. Both of these challenge the fundamental premises on which the consensus is grounded.
Authors:
A Meisel
Publication Detail:
Type:  Journal Article    
Journal Detail:
Title:  Kennedy Institute of Ethics journal     Volume:  2     ISSN:  1054-6863     ISO Abbreviation:  Kennedy Inst Ethics J     Publication Date:  1992 Dec 
Date Detail:
Created Date:  1993-02-23     Completed Date:  1993-02-23     Revised Date:  2004-11-18    
Medline Journal Info:
Nlm Unique ID:  9109135     Medline TA:  Kennedy Inst Ethics J     Country:  UNITED STATES    
Other Details:
Languages:  eng     Pagination:  309-45     Citation Subset:  E; H    
Affiliation:
Center for Medical Ethics, University of Pittsburgh School of Law.
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MeSH Terms
Descriptor/Qualifier:
Advance Directives / legislation & jurisprudence
Consensus
Decision Making
Enteral Nutrition / standards
Euthanasia / legislation & jurisprudence
Euthanasia, Active
Euthanasia, Active, Voluntary
Euthanasia, Passive / legislation & jurisprudence
Humans
Judicial Role*
Legal Guardians / legislation & jurisprudence
Liability, Legal
Life Support Care / legislation & jurisprudence*
Mental Competency / legislation & jurisprudence*
Right to Die / legislation & jurisprudence
Supreme Court Decisions
Treatment Refusal
United States
Withholding Treatment*

From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine


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