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Related Experiment Videos

Applying best interests to persistent vegetative state--a principled distortion?

A J Fenwick1

  • 1Department of Private Law, University of Edinburgh.

Journal of Medical Ethics
|May 29, 1998
PubMed
Summary

The principle of "best interests" is commonly used for treatment withdrawal in persistent vegetative state (PVS) patients. However, this application is questioned due to legal inconsistencies that may harm patient interests.

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Area of Science:

  • Medical Law
  • Bioethics
  • Neurology

Background:

  • The principle of "best interests" is the standard for medico-legal decisions regarding treatment withdrawal in persistent vegetative state (PVS).
  • Its application in PVS cases is seen as a logical extension of its use for other legally incompetent patients.

Purpose of the Study:

  • To critically evaluate the appropriateness and application of the "best interests" principle in persistent vegetative state (PVS) treatment withdrawal decisions.
  • To identify specific grounds on which the current construction of this principle in PVS is questionable.

Main Methods:

  • This study presents a critical legal and ethical analysis of the "best interests" principle in the context of PVS.
  • It examines existing legal frameworks and philosophical underpinnings related to patient autonomy and substituted decision-making.
Keywords:
Analytical ApproachDeath and EuthanasiaLegal Approach

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Main Results:

  • The author argues that the application of the "best interests" principle to PVS patients is misplaced and legally questionable on four specific grounds.
  • Current legal interpretations distort the principle itself and negatively impact individual patient interests.

Conclusions:

  • Confidence in the "best interests" principle as the sole foundation for PVS treatment withdrawal is misplaced.
  • Legal inconsistencies arising from its application in PVS necessitate a re-evaluation to better protect patient welfare.