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THE RIGHT TO REFUSE TREATMENT

THE RIGHT TO REFUSE TREATMENT. A CONSTITUTIONAL PROTECTION. RIGHT TO PRIVACY. AMENDMENTS 1, 4, 5, 9, 14 FIRST IDENTIFIED IN GRISWOLD V. CONNECTICUT (1965) CENTERPIECE OF ROE V. WADE (1973) FIRST USED IN CASES OF DYING IN IN RE QUINLAN (1976).

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THE RIGHT TO REFUSE TREATMENT

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  1. THE RIGHT TOREFUSE TREATMENT A CONSTITUTIONAL PROTECTION

  2. RIGHT TO PRIVACY • AMENDMENTS 1, 4, 5, 9, 14 • FIRST IDENTIFIED IN GRISWOLD V. CONNECTICUT (1965) • CENTERPIECE OF ROE V. WADE (1973) • FIRST USED IN CASES OF DYING IN IN RE QUINLAN (1976)

  3. RIGHT TO PRIVACYU.S. CONSTITUTION: AMENDMENT I • AMENDMENT I • CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF; OR ABRIDGNING THE FREEDOM OF SPEECH, OR OF THE PRESS; OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES.

  4. RIGHT TO PRIVACYU.S. CONSTITUTION: AMENDMENT IV • AMENDMENT IV • THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST UNREASONABLE SEARCHES AND SIEZURES, SHALL NOT BE VIOLATED, AND NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SIEZED.

  5. RIGHT TO PRIVACYU.S CONSTITUTION: AMENDMENT V • AMENDMENT V • NO PERSON SHALL BE HELD TO ANSWER FOR A CAPITAL, OR OTHERWISE INFAMOUS CRIME, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY, EXCEPT IN CASES ARISING IN THE LAND OR NAVAL FORCES, OR IN THE MILITIA, WHEN IN ACTUAL SERVICE IN TIME OF WAR OR PUBLIC DANGER; NOR SHALL ANY PERSON BE SUBJECT FOR THE SAME OFFENSE TO BE TWICE PUT IN JEOPARTY OF LIFE OR LIMB NOT SHALL BE COMPELLED IN ANY CRIMINAL CASE TO BE A WITNESS AGAINST HIMSELF, NOR BE DEPRIVED OF LIFE, LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF LAW; NOR SHALL PRIVATE PROPERTY BE TAKEN FOR PUBLIC USE, WITHOUT JUST COMPENSATION.

  6. RIGHT TO PRIVACYU.S. CONSTITUTION: AMENDMENT IX • AMENDMENT IX • THE ENUMERATION IN THE CONSTITUTION, OF CERTAIN RIGHTS, SHALL NOT BE CONSTRUED TO DENY OR DISPARAGE OTHERS RETAINED BY THE PEOPLE.

  7. RIGHT TO PRIVACYU.S. CONSTITUTION: AMENDMENT XIV; SECTION 1 • ALL PERSONS BORN OR NATURALIZED IN THE UNITED STATES, AND SUBJECT TO THE JURISDICTION THEREOF, ARE CITIZENS OF THE UNITED STATES AND OF THE STATE WHEREIN THEY RESIDE. • NO STATE SHALL MAKE OR ENFORCE ANY LAW WHICH ABRIDGES THE PRIVILEGES OR IMMUNITIES OF CITIZENS OF THE UNITED STATES; • NOR SHALL ANY STATE DEPRIVE ANY PERSON OF LIFE, LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF LAW; • NOR DENY TO ANY PERSON WITHIN ITS JURISDICTION THE EQUAL PROTECTION OF THE LAWS.

  8. CRUZAN V. DIRECTOR, MISSOURI DEPARTMENT OF HEALTH (1990) • LIBERTY RIGHT • 14TH AMENDMENT ONLY • REITERATED IN VACCO V. QUILL (1997)

  9. PATIENT SELF-DETERMINATION ACT (1990) • RIGHT TO REFUSE TREATMENT IS ENDORSED AND RECOGNIZED --- NOT CONFERRED • RIGHT TO REFUSE TREATMENT IS FOUNDATION STONE.

  10. VACCO V. QUILL (1997) • LIBERTY RIGHT GROUNDED IN 14TH AMENDMENT • REITERATES CRUZAN • “EVERYONE, REGARDLESS OF PHYSICAL CONDITION, IS ENTITLED, IF COMPETENT, TO REFUSE UNWANTED LIFESAVING MEDICAL TREATMENT; NO ONE IS PERMITTED TO ASSIST A SUICIDE.”

  11. CONCERNS OF THE COURTS • PERSERVATION OF LIFE [QUINLAN ] • PREVENTION OF SUICIDE [BOUVIA ] • PROTECTION OF THIRD PARTIES [OSBOURNE ] • INTEGRITY OF THE MEDICAL PROFESSION [BROPHY ]

  12. CONCERNS IN MEDICAL PRACTICE • BEST INTERESTS OF PATIENTS • STANDARDS OF ORDINARY MEDICAL PRACTICE • INTEGRITY OF MEDICAL PROFESSION • EFFECTIVE COMMUNICATION • FEAR OF LIABILITY EXPOSURE

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