"FINAL" BUSINESS LAW RESEARCH PAPER

Step 2

The court's ultimate numerical vote in the case concerning the right to die of Nancy Cruzan was four to five, where the court favored the Missouri department of health. The court stated that the constitution does not prevent the health department from asking for a court order of convincing evidence before removing the life-supporting machine from an individual.

The time to remove the supporting life machine is when there are reduced hopes of recovering, mostly if the organs of an individual's body cannot function on their own. It also occurs when an individual's family and doctors decide, especially if one is not conscious or unsound. Withdrawal of life-supporting machines is made if it is justified legally that the patient's treatment is unnecessary. The withdrawal occurs after the consent of the patient, or the family is achieved.

A death caused, but refusing to take medical treatments is also called passive euthanasia. It is a patient's decision who can decide or one who is unable to make sound decisions. This practice is legal in the eyes of the law. Suicide involves taking one's own life with one's consent. It could be through crashing a car or taking an overdose. Suicide does differ from refusal to accept treatment because suicide may not be because of disease, but refusal to treatment is due to a patient's deteriorating condition.

A living will is a written document stating medical treatments and procedures that one wants or does not want to stay alive. The form is operative only when the doctor says that individuals cannot decide about their health. An individual cannot make decisions because of the illness the doctor orders using the living will.

A healthcare directive is a document that contains instructions on treatment from a patient in case they are incapable of making choices for themselves or unable to make any communications. It mentions the person to make decisions on your health in case one is incompetent.

Step 3

Lack of providing a fully complete will or living will occur before one's illness or death lead to harmful unintended effects to one's family and friends. One f the contents of a living will is the source of medical bills if the family members cannot raise (Giardini, 2017). If there is no living will or the contents are not clear, the family may face financial burdens and lead to bankruptcy. The family may also face emotional stress if the living is unavailable as the financial obligations may increase. Some of the beneficiaries might misuse the properties left by the diseased.

The decision to adjust care from recuperative to palliative occurs when the patient cannot make a decision. A family member of another person gets the responsibility of making the decisions.

The people who can offer advice on the life-ending decision are the partner, adult offspring, parents, and doctors (Young, Winters, Jaye, & Egan, 2020). Euthanasia is different from the cessation of treatment. It involves deliberately causing death to a person by injection an overdose, while therapy termination is when medical treatment or life support is removed; hence a person dies naturally from the illness. Legal personnel may offer guidance on ending a client's life if not guided by the living will. The doctors may also decide if there is no hope for recovery.

References

FINCO, M. Forms of Subjectification: Rights and Freedom as Neoliberal Politics in Healthcare System. The Italian Law on Living Will.

Giardini, F. (2017). Living Will and Provisions Concerning the End of Life: The Role of the Family Members in the Matter of Advance Provisions of Treatment (DAT) in the Italian legal system. Interdisciplinary Journal of Family Studies, 22(2).

Young, J. E., Winters, J., Jaye, C., & Egan, R. (2020). Patients' views on end-of-life practices that hasten death: a qualitative study explores ethical distinctions—Annals of Palliative Medicine.