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Richard Liu
Euthanasia
Euthanasia - is the intentional killing of patient by a healthcare provider.
Euthanasia - 3 types
1. Homicide/Murder
2. Refusal of life support
a. Competent patients
i. Advanced directives, living wills, DNRs
b. Incompetent patients
i. Underaged
ii. Irreversible coma/unconsciousness
iii. There is a lot of conflict in who takes responsibility for the patients life
3. Assisted Suicide
a. Also known hastened death
b. Usually involves competent patients and doctors
c. Incompetent patients are usually minors
Medical Protocols
Life Support - mechanisms to prevent and prolong life
Right To Die - laws enacted that permit certain clinical conditions met to allow death including irreversible
coma
Drugs
Do Not Resuscitate - a type of advance directive that patients consent with in case
to become unconscious to not be given emergency life support (CPR)
History of Euthanasia
Ancient Greeks and Romans - Hippocratic Oath prohibited
euthanasia but few physicians followed it.
June 25, 1990 - Supreme Court declares Do Not Resuscitate (DNR) legal
January 17, 2006 - Supreme Court supports Oregons Death with Dignity
Act
Patients and Families take responsibility and give consent for medical treatment.
States set laws that regulate medicine. States can set different laws from each
other.
Under the United States, religious leaders do not give consent, assist, or regulate
medicine.
Pointers
Federal supreme court rulings overrule state supreme court rulings, which in turn
overrule state trial courts.
States can draft different constitutions from each other as long as it adheres to
the federal constitution.
History of Supreme Court Cases
Analysis:
Karen Ann Quinlan 1976
Under functional theory, parents acted under their
21 year old Karen was clinically diagnosed with religious belief against hospital officials and Morris
an irreversible coma. Her Roman Catholic county. Hospital officials did not support the parents
parents requested that Karens respirator be because they feared homicide charges from the state.
removed to relieve discomfort, but the hospital
Even though functional theory applies to both parties to
officials did not give consent in response to
some extent, there is a clash in social structures
threats by Morris county prosecutor for
between Roman Catholicism and New Jersey Law.
homicide charges under New Jersey law.
Under conflict theory, this resulted in changes to
Eventually, New Jersey Supreme Court allowed
euthanasia starting with extraordinary means.
the removal of the respirator because Karens
parents argued that the respirator was
Members of the institution include Karen, her parents,
extraordinary means, citing Pope Pius XII.
doctors, hospital officials, Morris County, and New
Extraordinary means was support that
Jersey Supreme Court.
prolonged life but difficult to endure.
Outside members include Pope Pius XII.
Cruzan v. Director, Missouri Department of Health 1990
Analysis:
Cruzans parents requested doctors to remove
Under functional theory, doctors obeyed
permanently unconscious Cruzans feeding tube,
Missouri state and its homicide law. In order to
but doctors refused due to Missouris homicide
prevent homicide charges, doctors maintained
law. The parents went against Missouris
their role and status. The federal government
department of Health under the federal supreme
ruled in favor of Missouri state to preserve
court. The court ruled in favor of Missouri such
functionalism.
that without evidence that Cruzan refused life
support, the state would have authority over Under conflict theory, parents went against
Cruzans right to die. It ruled that even though Missouri state, but lost. However, because of
the right to die is under the constitution, it is not this conflict, living wills and advanced directives
guaranteed. Eventually, there was evidence for became increasingly important for incompetent
Cruzans preferences. The ruling also stressed patients.
the need for living wills and advanced directives.
All parties are participants within the institution.
There were not any external members.
Doctors vs State: Assisted Suicide
Washington v. Glucksberg 1997
Analysis:
Dr. Glucksberg, representing doctors and
Under conflict theory, doctors and terminally ill
terminally ill patients, went against
patients went against state law.
Washingtons state on a ban on assisted
suicide. Assisted suicide is the intentional usage
Under functional theory, the supreme court ruled
of drugs to hasten death. The federal supreme
in favor of states and social order was
court ruled in favor of Washington state. It ruled
maintained.
that the right to die is not constitutionally
guaranteed. This resulted in that the right to die is allowed
but not guaranteed in the constitution. States
Vacco v. Quill 1997 can allow or not allow the right to die.
Doctors went against New Yorks ban on All parties are members of the institution.
assisted suicide. The federal supreme court
ruled in favor of New York state. It ruled that the
Terri schiavo 2005
Analysis:
Without a living will, Terris husband with Under functional theory, Terris parents conformed to
consent from doctors went against Terris religion and the Vatican. George W. Bush and Jeb Bush
parents to remove Terris feeding tube. The also conformed to their conservative perspectives.
husband and doctor Terri was permanently
comatose whereas her Catholic parents Also under functionalism, due to the CT autopsy, the
believed she would be able to awaken from her conclusion was euthanasia for irreversible coma. The
coma. During a seven year span, Florida husband and doctors won against the parents.
Supreme and other courts mainly ruled in favor
of Terris husband. President George W. Bush Under conflict theory, the living will became
and Governor Jeb Bush tried to convince the increasingly important.
courts in favor of the parents. The Vatican also
Terri, her husband, parents, doctors, Florida states and
intervened in favor of Terris parents. Eventually,
courts were members of the institution.
a second CT autopsy was performed on Terri
during her last years, revealing permanent,
President George W. Bush, Governor Jeb Bush, and the
irreversible severe brain atrophy that permitted
Vatican were not members.
the removal of her feeding tube.
Under functional theory, doctors obeyed state
law that allowed assisted suicide. Oregon state
did not go against federal law since federal law
allowed states to act based off their own
discretion.
Ashcroft (Gonzales) v Oregon 2006
Under function theory, Ashcroft believe he had
Oregons passage of assisted suicide and control due the Controlled Substances Act that
doctors went against federal U.S. attorney was also permitted by federal government.
general Ashcroft. Ashcroft claimed control due
to authority under Controlled Substances Act. Under conflict theory, the federal government
The federal supreme court ruled that attorney mistakenly allowed two parties to conflict with
generals have no say in assisted suicide. each other. The conflict was resolved by the
supreme court.
(The case was renamed to Gonzales because
Gonzales replaced Ashcroft as attorney general) Oregon state, doctors, and federal government
were members of the institution
Hoffman, Jan. Teenagers Face Early Death, on Their Terms. The New York Times. 28 March 2015. Web.
Francois. Pope John Paul II in Papua, Indonesia, in January 1995. LOCHON/Gamma-Rapho, Getty Images. January 1995. Digital Image.
Magnay, Diana. Parents plead to be able to help terminally ill children die. CNN. 27 November 2013. Web.
McGreevey, Patrick. After struggling, Jerry Brown makes assisted suicide legal in California. Los Angeles Times. 5 October 2015. Web.
Nordqvist, Christian. Euthanasia and Assisted Suicide. MedicalNewsToday. 8 April 2016. Web.
Works Cited Cont.
Peitranglo, Ann. What Do You Do When A Child Wants to Die?. HuffPost. 6 July 2017. Web.
SWNS Reporter. Cancer sufferer who raised 40,000 from his hospice bed for a new nurse finally meets the angel who will care for him in his dying days. SWNS.
27 January 2016. Digital Image.
Westside Today Staff. Current CA Governor Jerry Brown will be running for a fourth term against GOP Candidate Neel Kashkari. Westsidetoday. 4 June 2014. Digital
Image.