This website uses cookies to ensure you have the best experience. Learn more

The Case Of Nancy Cruzan Essay

1191 words - 5 pages

The Case of Nancy Cruzan

Importance

The case of Nancy Cruzan has become one of the landmark cases for withdrawal of artificial nutrition and hydration because of important ethical issues the case brings to light. At the time of the case, the United States Supreme Court had already established the right of an individual to refuse medical treatment. This issue therefore is not novel to the Cruzan case. Furthermore, there was not any controversy over who was the appropriate decision maker for Nancy Cruzan. The significant issue that the Cruzan case did bring to the table of medical ethics regarded whether or not a substituted decision make could choose to withdraw artificial hydration and nutrition on behalf of another individual.

Legal Implications

Because the Missouri Supreme Court ruled against the removal of Nancy Cruzan’s artificial hydration and nutrition on the grounds that “clear and convincing” evidence of Nancy’s wishes was not provided, the Cruzan family appealed the decision to the United States Supreme Court arguing that Nancy was being deprived of her right to refuse medical treatment. The Supreme Court ruling affirmed that competent patients have the right to refuse unwanted medical treatment, but also noted that incompetent patients are not capable of exercising this right. Consequently, states may establish their own safe-guards to govern cases in which a substituted decision maker wishes to refuse treatment for an incompetent patient. This ruling therefore upheld the decision of Missouri’s Supreme Court.

The major implication of this decision is that each state decides the type of evidence required to withhold or withdraw medical treatment from an incompetent patient. The state laws reflect the morality of the state, common law, and other factors unique to the state. This establishes a system with wide variety across the country regarding what a surrogate decision maker is allowed to do. At the time of the Court’s ruling, eighteen states and Washington, D.C. had laws that allowed family members to withhold treatment from patients lacking the capacity to make medical decisions. The majority of these statutes required that the patient be terminally ill. As of June 1998, thirteen states require that the proxy have specific authorization and/or specific conditions be met in order to withhold artificial nutrition and hydration.

The practically speaking, the case of Nancy Cruzan highlights the fact that an individual cannot rely only on telling his would be decision maker what type of care is desired should that individual become incompetent. Such evidence may not be viewed as sufficient to refuse medical treatment as happened with Nancy Cruzan. It thereby becomes important to record exactly what type of treatment should be accepted or refused if one’s decision making capacity is lost. The most common way to do this is in the form of an advance directive. Such a document would...

Find Another Essay On The Case of Nancy Cruzan

Sign Language in Development: History of American Sign language based on the article "Arbitrariness and Iconicity: Historical Change in American Sign Language" by Nancy Frishberg

2556 words - 10 pages IntroductionThis report is based on the article “Arbitrariness and Iconicity: Historical Change in American Sign Language” (Language 51, 1975) by Nancy Frishberg. First we will summarise Frishberg’s article and explain her objectives. In the second part we will elaborate over four different words and their reduction of iconicity over the years. The article explicitly describes the changes up till 1975 and the changes after this

Literature review of the articles "What kids (really) NEED?" by Nancy Gibbs and "A Quest For a Super Kid" by Jeffrey Kluger with Alice Park

849 words - 3 pages What do kids really NEED? Some mothers drop them off at a day care center to earn money so the child can supported but some mothers stay home with the child to give the child it needs to be ready for school and the child's future. Two articles were published on Time Magazine. As an article by Nancy Gibbs, "What kids (really) NEED?" and another article by Jeffrey Kluger with Alice Park, "A Quest For a Super Kid" published on the 30th of April

Case Study of The CRA Case

1731 words - 7 pages In this case study we are going to discuss the CRA case. The CRA case is mainly about the mining company breaking/dissolving the unions and making the employees sign the individual contracts. Here we will discuss and analyse how they went about pursuing the workers to leave the unions and sign the individual contracts. Before that we will briefly look into the profile of the CRA.CRA is a major Australian mining company, it is a large employer

the case of the spelunkers

516 words - 2 pages their altered mental state.Similarly, in the case Queen v. Dudley, an innocent spectator was killed without his consent. However, the two cases differ in that the crew of spelunkers were guaranteed a rescue while Dudley's crew was not. Therefore, the phrase, "desperate times call for desperate measures" does not apply in this situation as their chances of surviving were significantly low and they could have been rescued without having to murder

The Setting of Paul's Case

1133 words - 5 pages The setting of the short story “Paul’s Case” is clear and appropriate for the story. This is because Paul's feelings in the story happen to have a direct connection to the setting of the story. The East Coast of the United States is where the story takes place. From Pittsburgh, Pennsylvania, to Newark, New Jersey, and then on to New York, New York, the exact setting differs throughout the story. “…the dull dawn was beginning to show

Globalization: The Case of Dubai

2261 words - 10 pages and social ties through spreading many institutions that can change the economic and social perspectives. It can affect on the countries in three fields, economical, social, and cultural. This paper will focus on the meaning and theory of globalization, the good and bad influence of globalization, and to focus on the case of Dubai from the region. UAE became a major player on the economics internationally, and Dubai has a global image of

Analysis of the Case Law

3355 words - 13 pages Analysis of the Case Law "There is no prescribed constitutional relationship between the courts and the executive, but the judges assert their inherent power, derived from the rule of law, to review executive actions" The question starts off by giving us an element of the separation of powers when it says that there is no prescribed

The Case of Valentine Shortis

1473 words - 6 pages Before the eighteenth century it was very common for a guilty person to try to escape harsh punishment under the plea of impulsive insanity after committing a crime. However, by the early eighteenth century it was more difficult to prove that an individual was insane after committing a vicious crime. The case of Francis Valentine Shortis was one of such cases. His lawyers had a very difficult case on their hands and the only option they felt

The Heartbreaking Case of Genie

1488 words - 6 pages . Genie’s abuse and social isolation was mainly a result of her father’s decision and justification that Genie was severely mentally retarded and believed hiding her from the world was the best option for everyone (Curtiss, 1988). The only visual stimuli that Genie could interact with were her potty chair, crib, carpet, and plain empty walls. Genie’s severe neglect and abuse in her childhood ultimately lead her to be such an extreme case for

The Case of Anna O

734 words - 3 pages ( Dream Dictionary 2011). I thought it was really fascinating that Jung thought we were actually someone or something that resembles our unconscious through dreams. The case of Anna O she is experiencing herself getting physically ill because of her unconscious. Anna is watching her loved one suffer from his sickness every day, and really there is nothing she can do for him except be there. The stress that watching her father was causing her

The Birth of Swatch - HBR Case Study Marketing case analysis

1240 words - 5 pages production. In 1983 a new Swiss company SMH with new management emerged, after the merger of the two dominant Swiss companies SSIH and ASUAG, which owned many of the world's best known watch brands, but were losing money and faced insolvency risk. The aim of the new CEO was to have at least one profitable and growing global brand in every market segment. Swatch initial differentiation strategy Swatch was a quartz watch in plastic case

Similar Essays

How Charles Dickens Portrays The Murder Of Nancy In Oliver Twist

4050 words - 16 pages How Charles Dickens Portrays the Murder of Nancy in Oliver Twist "Oliver Twist" was written by Charles Dickens. He was born on February 7th 1812in Landport which is situated in Portsmouth, England. He worked in a blacking factory where shoe polish is produced and Dickens job was to paste labels to the bottles of polish. The working conditions then were dreadfully poor, He was doing this job when he was 12 years old

The Unjust World Of Segregation In American Apartheid By Douglas S. Massey And Nancy A. Denton

1202 words - 5 pages of Pennsylvania. He is an expert in immigration, specifically in residential segregation of black citizens within local communities. The second author of the book is Nancy A. Denton. She currently serves as the director of urban and regional research and as the associate director of social and demographic analysis at the Lewis Mumford Center in Albany, New York. She specializes in immigration, specifically in the families of immigrants and their

Analysis Of The Article: "Who Needs Harvard?" By Nancy Gibbs And Nathan Thornburgh (Time Magazine)

854 words - 3 pages ; widely-distributed brand; and, I totally agree, "The Ivy League" is just a name, a brand that does not guarantee anything.The main idea of the article is the issue that student can have a great future, a good school degree and amusing college life without attending the "Ivy League" universities. The authors concentrating on audience, in this case it is represented by the general reading public.The authors used some tips to take an attention of the

Discuss The Presentation Of The Murder Of Nancy In 'oliver Twist' By Charles Dickens, Paying Particular Attention To His Use Of Setting, Character And Language

1512 words - 6 pages Discuss the presentation of the murder of Nancy in 'Oliver Twist' by Charles Dickens, paying particular attention to his use of setting, character and language.Oliver Twist was written by Charles Dickens and set in Victorian London, and in the late 1830's the novel was published which was also at the beginning of Queen Victoria's reign, the novel was presented as a satirical social critique as Dickens is taking the Michael out of the way people