Legal ambiguities surround authority to make end-of-life decisions.
نویسنده
چکیده
consent from patients, substitute decision-makers or an independent tribunal in order to pull the plug on life-sustaining treatments they deem futile? An informal survey of Canadian case law indicates that courts have been all over the map on the issue, which has recently resurfaced in the headlines as part of a dispute between two physicians at the Sunnybrook Health Sciences Centre in Toronto, Ontario and the family of a comatose man (www.cmaj.ca/lookup/doi /10 .1503 /cmaj.109-3855). The decision, which could radically alter how end-of-life decisions must be made in Ontario, pivots on the question of who should call the shots at end-of-life, an issue that has divided physicians, ethicists and legal minds for decades. The Ontario case involves 59-year-old Iranian mechanical engineer Hassan Rasouli, who has been in a coma since he contracted bacterial meningitis following brain surgery at Sunnybrook in October, 2010. Physicians Dr. Brian Cuthbertson and Dr. Gordon Rubenfeld say Rasouli is in a permanent vegetative state and want to withdraw life support to prevent him dying a slow death from complications of being bedridden. But Rasouli’s family has refused their consent, arguing that his religious beliefs should be respected and that, as a devout Shia Muslim, he should be kept alive on mechanical support “until all signs of life are gone” (www.can lii.org /en/on/onsc/doc/2011 /2011onsc 1500 /2011onsc1500.html). The Ontario Court of Appeal is now deliberating whether to overturn a Superior Court ruling in April that would require doctors to obtain consent from patients or their substitute deci-
منابع مشابه
A Comparative Study of Security Council's Dual Standards toward Recent Developments in Libya and Bahrain
With international peace and security covering a broader concept and restriction of governments' authority, issues such as human rights have become intertwined with international peace and security and are no longer an internal issue of governments. It is such that international society may react toward it and make some decisions. What seems important is how Security Council deals with such iss...
متن کاململاحظات اخلاقی درراهنمای پیشینی (مراقبت) و بررسی اجمالی جنبه های اخلاقی و حقوقی آن در زمینهی آموزههای اسلامی
According to the principle of respect for autonomy, which is one of the essential precepts of medical ethics, patients are entitled to the right of self-determination for a hypothetical future when they may lose the decision-making capacity. Thus, when still adequately competent to make decisions, a person can prepare a document and predict their therapeutic options and state their wishes for t...
متن کاملEthical Considerations in Respecting Patient's Autonomy and Right to Refuse Treatment: A case Report
One of the most challenging aspects of treatment is when patient seriously refuses the desired by treating physician. On the other hand, refusing treatment is a condition of the patient's right to be aware, but does such a right also imposes a moral obligation on the treating physician or not? This study discusses the diagnosis of Systemic Lupus Erythematosis disease. This article attempts to p...
متن کاملClinical Practice in Long-term Care
While federal law establishes guidelines that designated facilities must follow in providing information about a patient’s rights regarding self-determination in the health care decision-making process, state law determines the decision-making process and the legal requirements pertaining thereto. A person’s capacity to make health care decisions or to have the authority and capacity to delegat...
متن کاملlegal aspects of end of life and end stage disease
Abstract: Aims: End of Life (EOL) care providers potentially face by variety of legal and professional dilemma. This study is designed to review and analyze these challenges and approaches to solve them. Materials & Methods: In this narrative review study, legal aspects of end-of-life care in subjects such as medical assisted dying, decision-making capacity and withdrawal of life-sustaining...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید
ثبت ناماگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید
ورودعنوان ژورنال:
- CMAJ : Canadian Medical Association journal = journal de l'Association medicale canadienne
دوره 183 10 شماره
صفحات -
تاریخ انتشار 2011