Joseph Romano Law

Where does the right-to-life/right-to-die come from?
1. Common Law
2. Federal Constitutional right to decline medical treatment
3. Informed consent
What is the role of the court in right-to-die cases?
1. Protection of third parties
2. Prevention of suicide
3. Protection of the ethical integrity of the medical community; and preservation of life
Why should everyone be concerned about right-to-life/right-to-die issues?
Study: Doctors do not respect patient autonomy
1. 47.8% of responding doctors would not respect a patient's wishes to be kept off life-support
2. Economic credentialing - managed care's impact
3. Hypotheticals
  1. When competent adult patient withdraws consent to be treated
  2. When a patient's official surrogate withdraws consent
  3. When the person who knows the patient best withdraws consent
  4. "Substituted judgement approach" - no one knows what the patient would want, and treatment is withdrawn by the available decision-makers
Does managed care or the lack of adequate insurance affect the right-to-life/right-to-die decisions?
Right -to-life/right-to-die: spinal cord - quality of life issues
Living wills
Euthanasia - doctor-assisted suicide
Advice to health care professionals