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Right-to-die damage actions: developments in the law.
1American Civil Liberties Union Foundation of Colorado.
Specialty Law Digest. Health Care (Monthly)
|June 8, 1990
Summary
This note examines "right-to-die" lawsuits where healthcare providers face legal action for administering unwanted life-sustaining treatment. It analyzes the legal theories, case law, and challenges within these damage claims.
Area of Science:
- Medical Law
- Bioethics
- Tort Law
Background:
- The
- right-to-die
- movement has evolved, leading to complex legal challenges.
- Patients' autonomy and healthcare providers' obligations are central to these cases.
- Life-sustaining treatment decisions often involve ethical and legal dilemmas.
Purpose of the Study:
- To trace the historical development of the
- right-to-die
- damage action.
- To analyze the underlying legal theories and significant case law.
- To identify and examine the primary obstacles in these legal claims.
Main Methods:
- Historical legal analysis of case law and statutes.
- Review of scholarly articles and legal commentaries.
- Examination of judicial decisions concerning life-sustaining treatment.
Main Results:
- The evolution of
- right-to-die
- law has created a specific avenue for damage claims against healthcare providers.
- Key legal theories include battery, negligence, and violation of patient rights.
- Significant challenges include proving causation, damages, and overcoming legal defenses.
Conclusions:
- The
- right-to-die
- damage action is a complex legal area with significant hurdles.
- Understanding the history and legal principles is crucial for healthcare providers and legal professionals.
- Further legal and ethical discourse is needed to address ongoing challenges.