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Related Experiment Videos

The relation between autonomy-based rights and profoundly mentally disabled persons.

Norman L Cantor1

  • 1Rutgers University School of Law, Newark, USA.

Annals of Health Law
|March 9, 2004
PubMed
Summary

Professor Norman Cantor advocates for surrogate decision-making rights for profoundly mentally disabled individuals, especially concerning life-sustaining treatment refusal. He proposes protections to uphold their intrinsic human dignity against potential abuse.

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Area of Science:

  • Bioethics
  • Medical Law
  • Disability Studies

Background:

  • The ethical and legal complexities surrounding medical decision-making for individuals with profound mental disabilities.
  • The critical need for surrogate decision-makers in cases of patient incompetence.

Purpose of the Study:

  • To argue for the right of incompetent individuals to have surrogates make critical medical decisions.
  • To address concerns regarding potential abuse in surrogate decision-making.

Main Methods:

  • A persuasive argument based on ethical principles and legal considerations.
  • Analysis of existing frameworks for surrogate decision-making.

Main Results:

  • Advocacy for the right of incompetent persons to have surrogates make medical decisions, particularly regarding life-sustaining treatment.
Keywords:
Legal ApproachProfessional Patient Relationship

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  • Identification of concerns related to abusive surrogate decision-making.

    • Conclusions:

    • Recommends substantive and procedural protections to safeguard the rights and dignity of the profoundly mentally disabled.
    • Emphasizes the importance of preserving intrinsic human dignity through protected surrogate decision-making.