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Give Me Liberty to Choose (a better) Death: Respecting Autonomy More Fully in Advance Directive Statutes
| Content Provider | Semantic Scholar |
|---|---|
| Author | Cerminara, Kathy L. Kadis, Joseph R. |
| Copyright Year | 2016 |
| Abstract | In the name of state interests, advance directive statutes almost universally include language requiring that a patient be in a particular physical state as a condition precedent to operation of a directive. This article urges state legislatures to recognize and rectify the conflict they have created by imposing such triggering conditions. First, it examines states’ efforts to facilitate autonomous end-of-life decision making through advance directive statutes. Then it proposes amending those statutes to align the law with medical ethics by eliminating specified physical triggering conditions burdening the exercise of patients’ rights to refuse life-sustaining treatment. Such amendment will improve end-of-life care and serve as an expression of a more caring medical and legal culture. * Kathy L. Cerminara, Professor of Law, Nova Southeastern University Shepard Broad College of Law. Professor Cerminara would like to thank Antoinette Pollard for exemplary research assistance and Joseph Kadis for thought-provoking discussion, research, and teamwork in the home stretch. She also sends thanks to Ken Goodman for intriguing insights into Florida law. She sends many thanks also to Professor Kelly Dineen and St. Louis University School of Law for hosting her and her fellow participants in this symposium, Dying Fast and Slow: Improving Quality of Dying and Preventing Untimely Deaths. Additional, but no less important, thanks go to Dean Jon Garon for financial support; Michelle Rivera-Clonch, Maurice Stevens, and participants in Writing in Depth; Tom Birmingham for the video; and Kevin Donovan for love, support, and understanding. ** Joseph Kadis is a J.D. candidate for May 2017 at Nova Southeastern University, Shepard Broad College of Law. He would like to thank his family, particularly his wife Jessica, for her unwavering love and support, and his parents, Wayne and Jenny Kadis, for their love and encouragement. Joseph would also like to thank Professor Kathy L. Cerminara for inspiring him to pursue the research and writing that led to his contribution to this article. SAINT LOUIS UNIVERSITY SCHOOL OF LAW 68 SAINT LOUIS UNIVERSITY JOURNAL OF HEALTH LAW & POLICY [Vol. 10:67 |
| File Format | PDF HTM / HTML |
| DOI | 10.2139/ssrn.3118710 |
| Volume Number | 10 |
| Alternate Webpage(s) | https://scholarship.law.slu.edu/cgi/viewcontent.cgi?article=1053&context=jhlp |
| Alternate Webpage(s) | https://www.slu.edu/law/academics/journals/health-law-policy/pdfs/issues/v10-i1/cerminara_and_kadis_article.pdf |
| Alternate Webpage(s) | https://doi.org/10.2139/ssrn.3118710 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
