Preview

Physician Assisted Suicide Case Study

Good Essays
Open Document
Open Document
667 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Physician Assisted Suicide Case Study
VACCO V QUILL
Supreme Court of the United States,
Second Circuit, 1997.
521 U.S. 793.
FACTS The prosecution, Dr. Timothy E. Quill and three terminally ill patients residing in New York State sued the New York State Attorney General’s office (Defendant) on constitutional grounds after the State prohibited Physician-assisted suicides. The respondents made up of Physicians argued that the statute violated the Equal Protection Clause under the Fourteenth Amendment, in which a capable person can deny medical treatment at any point in their health, and that this is "essentially the same thing" as a Physician-assisted suicide. The District Court acted in favor of the Statute arguing that it was not unconstitutional and stating that New York State
…show more content…

Because they are both different the Defendant may choose how to treat them separately, which is in favor of one’s Constitutional rights. The Supreme Court reversed the lower court’s ruling in the Plaintiff’s …show more content…

However a Physician assisting with an individual’s wishes to accelerate death is to kill a patient. The Court compared it to someone blinded by the sun and running over an individual resulting in their death would be manslaughter, however purposely running over that individual would warrant murder. In addition the court ruled that a patient on life support wishing to end such measures was protecting their “common law rights” and letting them die compared to that of killing the patient. The Courts conclusory statements stated that the difference between a Physician-assisted suicide and removing life saving measures to those terminally ill is “irrational”. The Court added that anyone can refuse medical treatment but everyone is prohibited from any type of Physician-assisted suicide in an attempt to preserve human life. Justice Sandra Day O’Connor agreed with the Court’s decision in that there was not “A right to commit suicide” or a “Right to die”. She stated that there was not a constitutional conflict, and that the State had an interest in preserving human life and not allowing competent individuals the right to control their believed “imminent death”. She also added that a patient is able to receive and use pain relieving drugs from one’s doctor to alleviate pain and suffering. Justice John Paul Stevens

You May Also Find These Documents Helpful

  • Good Essays

    During a game of chase with his sister Nikki, three-year-old Wes caught her for the first time. Without knowing what do to next, he punched her. His mother Joy’s angry and sudden reaction to him hitting his sister was confusing to him. While Wes hid in his room, he heard his father, Westley, trying to calm his mother down. Westley reminded Joy that Wes did not know hitting a woman was wrong or why Joy felt so strongly about it. Years later, Wes would finally understand why his mother reacted in that way. Bill’s recreational drug and alcohol use became an addiction. Even though they had a child together (Wes’s older sister, Nikki), Joy left Bill after a particularly violent encounter ended with her battered, but determined. Joy met Westley,…

    • 411 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Vacco Vs Quill Case Study

    • 3200 Words
    • 13 Pages

    "The right of a competent, terminally ill person to avoid excruciating pain and embrace a timely and dignified death bears the sanction of history and is implicit in the concept of ordered liberty. The exercise of this right is as central to personal autonomy and bodily integrity as rights safeguarded by this Court's decisions relating to marriage, family relationships, procreation, contraception, child rearing and the refusal or termination of life-saving medical treatment. In particular, this Court's recent decisions concerning the right to refuse medical treatment and the right to abortion instruct that a mentally competent, terminally…

    • 3200 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    There are many ethical dilemmas/cases throughout history, today I would like to address two issues/dilemmas that I believe have impacted and helped reshape our stances upon medical ethics. The first issue in which I would like to address to Physician Assisted Suicide or sometimes referred to as PAS.…

    • 756 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    and U.S. Law” by Stephen Hoffman is credible because he practices law in Minnesota where he also received his J.D. from the University of Minnesota Law School and his LL.M. from the University of Arizona James E. Rogers College of Law. Hoffman’s purpose for the article is to explain the controversial and complex issues of euthanasia and physician-assisted suicide. Hoffman explains the difference and similarity between euthanasia and physician-assisted suicide as well as classifying the different types such as ‘voluntary’ and ‘nonvoluntary.’ He states the difference between active and passive euthanasia which plays a role for a physician’s duty in a patient’s death. He also explains what medical doctrine of double effect is. Then he explains the common law necessity defense and a physician’s conflicting duties that deal with euthanasia. Later in the article, he explains the legal doctrines of euthanasia and physician-assisted suicide in European countries such as the United Kingdom, Switzerland and The Netherlands and states in North America such as Oregon, Washington, and…

    • 696 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Everyone has a right to their own opinion when it comes to physician assisted suicide, but what about those patients who are suffering from an incurable type of cancer, or what about the patients that have suffered from a major stroke or even been involved in a major car accident that has left them paralyzed and are unable to care for themselves. Patients who are suffering from an incurable bout with cancer experiences unbearable pain, vomiting, coughing, lack of energy, as well as other debilitating symptoms. Physician assisted suicide occurs when a physician helps someone to end their life rather than a close friend, or a family member. Physician assisted suicide take place when a physician prescribes a drug to their terminally ill patient resulting in that patient’s death. There are many physicians that are against physician assisted suicide because they feel as though it violates the Hippocratic Oath they took, to do no…

    • 631 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    "The right of a competent, terminally ill person to avoid excruciating pain and embrace a timely and dignified death bears the sanction of history and is implicit in the concept of ordered liberty. The exercise of this right is as central to personal autonomy and bodily integrity as rights safeguarded by this Court's decisions relating to marriage, family relationships, procreation, contraception, child rearing and the refusal or termination of life-saving medical treatment. In particular, this Court's recent decisions concerning the right to refuse medical treatment and the right to abortion instruct that a mentally competent, terminally ill person has a protected liberty interest in choosing to end intolerable suffering by bringing about his or her own death.…

    • 533 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Physicians who are in favor of Euthanasia state that to keep Euthanasia or assisted suicide illegal is violation of the patient freedoms. They believe that any competent terminally ill patient should have the right to choose death or refuse life-saving treatments. The U.S.Constution does not state that the government can keep a person from committing suicide. If Euthanasia was a right, patients could die with dignity and leave others with a positive memory and not what they had become. However, many physicians and medical staff have numerous reasons for prohibition the legalization of Voluntary Euthanasia. The main argument is the notation of the Hippocratic Oath that some doctors take by being part of a (PSA) and prescribing a lethal dosage of a drug could weaken the doctor-patient relationship because of the oath some doctors…

    • 2001 Words
    • 9 Pages
    Good Essays
  • Good Essays

    Outrage of a Talk Show Host

    • 2984 Words
    • 12 Pages

    PRIOR HISTORY: [***1] In an action, inter alia, to recover damages for the intentional infliction of emotional distress, the plaintiffs appeal from an order of the Supreme Court, Kings County (Huttner, J.), dated January 13, 1997, which granted the motion by the defendants Howard Stern and Infinity Broadcasting, Inc., pursuant to CPLR 3211 (a) (7) and (1) to dismiss the complaint.…

    • 2984 Words
    • 12 Pages
    Good Essays
  • Good Essays

    Many people have different opinions on Physician assisted suicide like if it is inhuman and if the illness can affect the patient's ability to make decisions.. Many people debate whether terminally ill patients should have the choice of suicide. Whether people think it is good or bad, many terminally ill patients do not want to suffer and feel they are being forced to die a slow and painful death.…

    • 485 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The primary ethical issue in this case is the idea of assisted suicide by the health care providers. Even though it is legal under the Death with Dignity Act in the state of Oregon, many people felt unsettled about Brittany Maynard’s announcement. They may have felt that there was a sense of disrespect for life in general. However, the patient had the right to autonomy and so she has the right to make the final decision. In this case, this meant choosing to end her life with dignity. Another issue with medical euthanasia (“assisted suicide”) could relate to the patient’s mental state and state of mind. For example, this decision may lead to severe depression. One last issue that has come up with clinically assisted suicide is the potential for persuasion, both psychologically and physically.…

    • 732 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Physician-Assisted Suicide

    • 1301 Words
    • 6 Pages

    Why it is unjust and unmoral to approve of medical assistants in the pursuit of death, such as suicide if the patients ask for such help? There are two side to every argument, there are some people that believe that is is morally ethical to receive PAS (Physician-Assisted Suicide). Then, of course there’s the opposing side to the debate in which this paper will cover and that side is :The medical practice is PAS is unjust, unmoral and shouldn’t be legalized for the fact the the will of life out powers a moment of misery.…

    • 1301 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Most people would agree that the right of a competent, terminally ill person to avoid any unnecessary excruciating pain seems as though it should be a basic human right. To have someone go through more suffering than absolutely necessary seems as though it would fall under the description of an inhumane act, and frankly an injustice against the basic human right of bodily autonomy and integrity. Due to these almost undeniable arguments, physician assisted suicide, in many cases, is seen as a basic human right that we need to be granted access to. Activists argue that it is simply an additional choice that we will be able to make, and that it will surely never be pushed onto anybody or used sinisterly (Maynard 2014). Although this claim is something that we cannot be entirely sure of, as I have continued to research the pros and cons behind physician assisted suicide, I have come to the conclusion that in many cases it truly does seem that the legalization of physician assisted suicide is the best option for everyone involved. It is a means to cease any unnecessary suffering that a person may be going though, and provides a sense of comfort for them during a time in their lives where they are not given many choices besides to deal with what they are going through and try to survive. Additionally, with many of the extreme medical advancements of the 20t century, our goals have been clouded by the quest to…

    • 1407 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    A state’s prohibition on assisted suicide, like all homicide laws, advances this interest. The Supreme Court concluded that the state of Washington had the right to decline to make judgments about the quality of life that a particular individual may enjoy, and the state could certainly conclude that all persons’ lives, from beginning to end, regardless of physical or mental condition, deserve full protection of the law.…

    • 1532 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    We have countless rights protected by the United States such as freedom of speech, due process of law, and freedom of religion to name a few. Most importantly, we have the right to life. In the opening of the Declaration of Independence, the very thing our country was founded upon, it is said, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness” (The Declaration of Independence: A Transcription). We do not, however, have the right to die. We have no right to end our own life, particularly by way of physician-assisted suicide. Although…

    • 1468 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Physician-assisted suicide (PAS) is an issue that started in the 1980’s and continues to remain a current hot topic within the nursing practice. Governor Jerry Brown recently signed an assisted suicide bill into law (Lovett & Pérez-Peña, 2015). PAS will be in effect ninety days after its ruling on the floor. The governor stated that if he were battling a terminal illness accompanied by pain he would be comforted by the option and wouldn’t want to deny that to anyone. As with any issue, there has been opposition claiming that the ill and disabled may be coerced into choosing death over other options. Not only does this law change the way medicine is practiced, but it also affects nursing care.…

    • 385 Words
    • 2 Pages
    Good Essays