Long accepted policies regarding withholding and withdrawing life sustaining treatments may be challenged -
The Terri Schiavo case is prompting a review of longstanding law and policy concerning end-of-life decision-making. As such
reviews occur, the Center recommends the following:
-- Lawmakers and policy leaders should affirm the constitutional right for adults with decision-making capacity to choose or
refuse any medical treatment or surgical intervention, make an advance directive, and choose an agent to speak for them
should they become unable to speak for themselves. Legislative and policy barriers to this constitutional right should be
removed.
-- Policymakers and opinion leaders must find ways to make advance directives, particularly durable powers of attorney for
healthcare, a cultural expectation and, in certain circumstances, a requirement.
-- Both the right to choose treatment and the right to refuse it should be protected, recognizing that neither over-treatment
nor under-treatment is desirable. When advance directives are absent, appropriate surrogates, especially loved ones, should
be given great deference in treatment decisions.
-- Law and policy should be based on science and accepted medical practice. Legislatures should avoid case-by-case lawmaking
and let careful scientific judgment and constitutional law outweigh emotional and ideological appeals.
As medical technology advances and as our population grows older, we will be faced with increasingly difficult and complex
medical choices. When patients can no longer speak for themselves, the Center for Practical Bioethics believes treatment
choices should remain private, decided by designated surrogates or those closest to the patient if no surrogate has been
named, with advice and support from medical professionals.
Founded in 1984, the Center for Practical Bioethics is an independent organization nationally recognized for its work in
practical bioethics. More than a think tank, the Center puts theory into action to help people and organizations find
real-world solutions to complex issues in health and healthcare.
Lorell LaBoube, (816)221-1100, Ext 239
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