Right to refuse medical treatment

What are the two categories for justifying the refusal of medical treatment under the religion exemption clause? What is what allows these exemptions?

1. preventive, diagnostic measures can be refused 2. Medical care for sick children can be refuse Only allowed if spiritual healing done by practitioner or tenants

Do children have the right to refuse medical treatment? Why?

No. Courts presumed that parents are the best decision makers and caregivers for their children.Not absolute or conclusive presumption though and is rebuttable which means parents will lose the presumption if they act in a way that causes abuse or neglect to children

How does the law distinguish religion practice and belief?

When you act out your believe and practice it you must conform to civil codes

What is the purpose of the Religion exemption clauses?

aimed at parents allowing them to decline medical practice and aide for their children

How does the American Medical Association view food and water?

unconscious patients must have surgically implanted nutrition and hydration. Because plant tubes, they are forms of treatment that may be refused.

What are two exceptions to parents deciding on treatment of their child?

1. If a child has a condition that requires treatment and the treatment is life threatening, that may be refused by the parents. 2. If child can wait until older the parents can wait to see child's decision.

What happens when your child is severely handicapped? Is this sufficient enough to refuse treatment?

1. If burden on society answer is no 2. If burden on family-no 3. Burden on child?-yes Parents have the right to make decisions for severely handicapped children because not a civil rights case.

Advanced Directive

1. Living Will allows us to carry out our rights on what can happen when we die 2. Power of attorney-who can make decisions for you

What are the two exceptions to the American case law on refusing treatment?

1.Single parents with dependent children do not have this right 2.Pregnant women and men

Baby Doe Case

1982 Indiana o Boy born with down syndrome trisomy 21. Problem with esophagus o Take child to Indianapolis and have the throat corrected surgically and they decided not to have the surgery and baby died by not being fed. o Supreme Court ruled no statute to cover this and parents had the right to make their decision. When the baby 3 days old - when baby was 5 days old the lawyer asked supreme court reverse their decision o 3 months later-federal government said if baby dies like doe, you are going against civil rights and would be denied federal funding. Also gave rules on how to follow these laws and phones to call if they see it happening. Sued federal government and case went to court.

Cruzan vs. Missouri

1990 case -Nancy Cruzan wrecked the car and was unconscious -HAD PVS symptoms so put on Ventilator -Parents asked the staff to terminate her food and water but staff refused unanimously because not dead or dying and to do this would cause her death. -Parents went to trail court because they believed she would never recover and come back to consciousness. -Court found Nancy did have right to stop treatment and had evidence and told her roommate that if she was every unconscious she would not want food or water, unless knew she could live normally and happily. -Eventually found that roommate was not enough evidence so they decided best interest was to keep her alive on the penny of the government. -Eventually case dropped and G tube was removed in 1940 and she died ten days later.

What does it mean to have the right to refuse medical treatment?

Any adult who is conscious and competent may refuse any medical treatment for any reason if at the risk of death.

Example of Christian Science case?

Ian- died in bed of diabetes under diabetic coma. Nurse read the book and mopped urine but that was it. Father sued and it was determined that the death was caused by the christian medical church. Allowed to have spiritual healing as choice.

What is Christian Science?

Idea that God is real and nature is an illusion and that nature tempts us with sickness, suffering, and death. To believe in God you will be delivered from these illusions. Christian science believers oppose medicine and medical treatment because they believe it is a separate entity.

Permanently Unconscious

Not incompetent but incapacitated

What are the three conditions in which the law applies to those who are unconcious?

Subjective tests-before you became incapacitated, you set forth your wishes orally or in writing that you want to refuse treatment. Substituted Judgment-your proxy makes decisions for you assuming your proxy knows your wishes. Best Interest-Dr.'s and ethic workers who make the decision. Is it a benefit or burden to this patients life.

Are food and water forms of treatment that can be refused in American law?

Yes. They are forms of treatment and can be denied. Catholic church has always maintained that patients have this right

Persisted veg. state

completely unconscious and cannot talk but still have feelings and want to communicate but cannot

How does the court ruling relate to the common law on children's parents caring for their children?

doctrine of necessaries-necessary for parents to get medical treatment to children.

Mator minor

if you are under 18 and you are a jehovah witness and have life threatening condition you may refuse a treatment and die.

Explain Jehovah witnesses ability to refuse medical treatment.

they believe there should be no transfer of blood from one body to another and will refuse blood transfusions and die. Also believe that the government is run by Satan so do not like to follow the laws if goes against their ideals.

Panders Patrai of power

when parents lose this right state will do whatever it requires to maintain the child's life

Do parents of religions have the right to refuse treatment?

yes