Loading…
Transcript

Case Study: Nancy Cruzan

The Dilemma

Brief Overview

References

The Outcome

The Decision

(Parents of Nancy)

In Courts

  • "A competent adult has a constitutionally-protected Fourteenth Amendment liberty interest in declining unwanted medical procedures."

  • When the patient is incompetent, the state can refuse termination, unless there is "clear and convincing evidence" that it's what the patient would have wanted.
  • http://www.oyez.org/cases/1980-1989/1989/1989_88_1503

  • http://www.studentjd.com/Constitution/Cruzan%20v.%20Director%20Missouri%20Department%20of%20Health%5BCh%206%5D%5BImplied%20Fundamental%20Rights%5D%5Bsubstantial%20due%20process%5D%5BLife%20Support%5D%5Bprotects%20refusal%20of%20treatment%5D.htm

  • http://www.scu.edu/ethics/publications/iie/v4n2/
  • Name: Nancy Cruzan
  • Age: 25
  • Date: January 1983
  • Issue: In a vegetative state with probable brain damage.
  • Cause: Lack of oxygen for 13 minutes after a car accident.
  • Method of Treatment: Implanted feeding and hydration tube.
  • Legal husband wanted Nancy to stay on tube treatment.
  • However, her parents wanted to terminate the procedures after failed recovery.
  • Hospital would only terminate the procedures with court consent.

The Supreme Court ruled in favor of the State of Missouri.

  • Why?
  • Because there was no “clear and convincing evidence” that Nancy would've wanted to die

Parent's View:

  • Nancy's brain is permanently damaged
  • Prolonging death
  • She wouldn't want to live

State's View:

  • There isn't sufficient proof she would've wanted to die