Preview

Summary Of Bouvia Vs. Superior Court Case

Good Essays
Open Document
Open Document
651 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Summary Of Bouvia Vs. Superior Court Case
Bouvia v. Superior Court case. Should patients be allowed to make the decision of ending their own lives, and/or to refuse life saving treatment– if mentally competent? Today I will cover, summarize, and decide my position on the Bouvia v. Superior Court case. The plaintiff, Elizabeth Bouvia, was incapable of taking care of herself, had deteriorating health issues, and eventually was given medical treatment determined to be life saving against her own free will. Which ignores her right to refuse medical treatment. She wished to end her own life, which she expressed to her physicians and doctors. Then, when relief treatment for existing conditions was administered, the court prohibited the procedure and/or any similar. When is it morally permissible …show more content…
While she was in this hospital, a feeding tube was forcibly administered, “In 1986, Bouvia, then 28 years old and suffering from severe cerebral palsy, sought the removal of a nasogastric feeding tube inserted against her will by the medical staff of the High Desert Hospital.Contending that she had a right to refuse any and all medical treatment”(1079, Bouvia v. County of Los Angeles). She did not want the treatment, and had a moral reason to deny it. And not only that, it is within her rights to not have treatment forced upon her. Eventually, she was discharged from the hospital. She then went to a “private convalescent hospital”, despite the treatment given to help Bouvia, which proved unsuccessful in helping her. Her suffering only continued, “Bouvia entered a private convalescent hospital agreeing not to attempt starvation.In the months which followed, however, plaintiff continued to lose weight and suffered increasing discomfort from arthritis and other ailments.”(1080, Los Angeles). She was not improving from their efforts, and quality of life really could not be …show more content…
She earned a college degree”(1136, BOUVIA v. Los Angeles County). It is not like she does not know what is going on, she has a degree which many people who are physically mobile do not have. It just seems she has accepted that the state she is currently in is undesirable, and others should not have the right to force her to continue to live in that state. After my research and overview of this case. This is the court's order based on the information in the case, “directing real parties in interest forthwith to remove the nasogastric tube from petitioner, Elizabeth Bouvia's body, and (2) prohibiting any and all of the real parties in interest from replacing or aiding in replacing said tube or any other or similar device in or on petitioner without her consent.”(1146, Bouvia v. COUNTY OF LOS ANGELES). I agree with the court's ruling, the hospital had no right to force treatment on Bouvia. She knew what she wanted, and it was not to rely on a tube to keep her

You May Also Find These Documents Helpful

  • Good Essays

    Procedural History: Mr. Schiavo requested the guardianship court to permit him to end the life-prolonging procedures that were supporting his wife, who was in a persistent vegetative state. Theresa Schiavo’s parents, Robert and Mary Schindler, opposed the motion and brought the case in to trial. After the court granted Mr. Schiavo to end the life-prolonging procedures, the case was brought to the appellate level which affirmed the decision. Although the guardianship court’s order was affirmed during the appeal, allowing Mr. Schiavo to stop the procedures, the litigation continued because Mr. and Ms. Schindler’s filed a motion for relief from judgment under Florida Civil Procedure and in civil division of the circuit court. The Second District agreed to review the evidence but ultimately affirmed the guardianship court’s decision in the end and gave Mr. Schiavo permission to remove Theresa’s nutrition tubes. However, six days later, under the Legislative enactment, Governor Bush sigh the Act of the Legislative into law and ordered Theresa Schiavo to continue staying on nutrition…

    • 802 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the Cruzan case her family had to convince the courts that she would not want the tube feeding and hydration. They realized this would not cause her and pain and suffering due to her PVS. Here they had to fight with the Missouri courts. In this case they had to show clear and…

    • 655 Words
    • 3 Pages
    Good Essays
  • Good Essays

    It troubled him that the Judge Teel described Nancy’s condition as “unresponsive and hopeless” with “no cognitive purpose for her except sound and perhaps pain.” If Nancy feels pain then she is not in a persistent vegetative state (PVS). We did not know what was going on behind the scenes, but later it would all come to light. Our case bypassed the appellate court of Missouri and headed straight to the Missouri Supreme Court, with a little assistance. Our case was scheduled for review in September, along with a case that has opposite opinions as ours. In other words, the parents of a young man named Phillip Radar, that was diagnosed as being brain dead, did not want to let their child go, but the hospital caring for him did. Phillip’s heart was beating even though he was brain dead. Both of the cases were scheduled to be heard on the same morning in September, but on August 31st Phillip’s heart stopped and the effort to revive him was unsuccessful. His death left our case as the only one to be…

    • 772 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the early 1900s, two women came into hospitals and left with trespasses against their bodies. In the Schloendorff v. Society of New York Hospital case, the patient came in complaining of a stomachache and left with a hysterectomy. In the Mohr v. Williams case, a woman came in with a bad right ear and left with an operated-on left ear. While there are differences between these cases, there are more similarities; both are cases of malpractice and breach of consent, but both have specific particularities. Both cases involve a breach of consent.…

    • 518 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Cruzan V. Missouri

    • 521 Words
    • 3 Pages

    After nine years, when cruzans lost all their hope for the recovery of Nancy, they asked the director of the Missouri Rehabilitation center to remove the feeding and hydration tube, so Nancy could die. The director refused to do so, because at this time, the law in the state of Missouri did not allow for the removal of life support for a patient who legally could not speak or care for himself ---unless there was “clear and convincing evidence” that this is what the patient wanted. The issue of this case was whether the State of Missouri had the right to require "clear and convincing evidence" in order for the Cruzans to remove their daughter from life support.…

    • 521 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Unlike something ever seen before, Henrietta’s cells were placed into a petri dish to see if they would grow, and they did. As a matter of fact they have yet to stop growing. Some would call it a medical miracle, and those that discovered it “Heroes of Modern Medicine”. Many would argue that scientists had the right to take Henrietta’s samples, after all Henrietta signed “a form”. Many would justify the doctor's actions and overlook misconduct or abuse of power as they neglected to inform Henrietta of their intentions in the name of medicine advancement. Yet, some would disagree. Henrietta was being treated for cancer, the form she signed was consent for treatment not for the removal and testing of her cells. The document clearly outlined its purpose, giving John Hopkins Hospital and staff permission to…”Perform any operative procedure, under anaesthetic either local or general that they may deem necessary in the proper surgical care and treatment of: Henrietta Lacks” (31).…

    • 738 Words
    • 3 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

    "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

    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…

    • 667 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    i dunno

    • 1405 Words
    • 6 Pages

    Christan Rossiter became a quadraplegic as a result of a car accdient and wanted his feeding tube removed by medical staff. He clamied he had no quaility of life. This case had to be taken to court. The court ruled hospital staff would not be facing any charges if they removed the tube.…

    • 1405 Words
    • 6 Pages
    Satisfactory Essays
  • Good Essays

    You Decide

    • 563 Words
    • 3 Pages

    My decision is to allow the patient at the rehabilitation center permission in assisting in any attempts to remove the pacemaker or end her life. Mrs. Whitson does have the option of drafting a living will at which time she has the option of expressing her final wishes…

    • 563 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Physician-Assisted Suicide

    • 2476 Words
    • 10 Pages

    Imagine a frail elderly woman laying in the nursing home in pain. This woman is 80 years old and has been diagnosed with terminal lung cancer and her heart cannot withstand treatment via radiation or chemotherapy. She has less than six months to live. Day in and day out you pass her room and hear her crying out from the immense pain. The pain medications are no longer working. She’s tired of fighting, tired of hurting, and tired of waiting to die. After consideration and discussions with her family she has decided to ask the doctor to help and end her life. The doctor feels remorse for the elderly lady and wants to help but cannot decide if it is the ethical thing to do because he knows that what he’s being asked to do is considered physician-assisted suicide.…

    • 2476 Words
    • 10 Pages
    Good Essays
  • Good Essays

    Health Care Ethics

    • 254 Words
    • 2 Pages

    The Bartling case was about whether William Bartling had the right, over the objection of his physicians and the hospital, to have life-support equipment disconnected despite the fact that withdrawal of such devices will surely hasten his death. When he entered Glendale Adventist Hospital in California in 1984, he was known to be suffering from emphysema and diffuse arteriosclerosis, coronary arteriosclerosis, abdominal aneurysm, and inoperable lung cancer. At the end, He had to use mechanical respiratory and chest tube to assist his breathing in the ICU. Although each of these conditions could individually be lethal, he was not diagnosed as terminally ill. At first, Mr. Bartling asked his physicians to remove the ventilator but they refused. Then Mr. Bartling attempted to remove the ventilator tubes but was unsuccessful. Eventually, to prevent his attempt, he was placed in restraints so that the tubes could remain in place. The case was taken to Los Angeles Superior Court by Mr. Scott. Because he was not considered terminally ill, the court refused either to allow the respirator to be disconnected or to order that Mr. Bartling’s hands be freed. At the second time, the case was taken to the California Court of Appeal. However, the result was that Mr. Bartling had the right to make his own decision, which was obviously different with the first time. So I think the main issue in this case is about patient’s decision-making capacity, specifically, when patient is able to make make the decision of his own medical…

    • 254 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Physician Assisted Suicide

    • 2127 Words
    • 9 Pages

    Death, while a reality for all people, is still a frightening and unknown experience. That is one of the reasons that physician-assisted suicide is such a complex topic. However, when one is faced with the prospect of witnessing the suffering of a terminally ill loved one and watching them experience unbearable pain, despite the known fact that they will never again be healthy, the issue becomes less complex. Whether an actual experience or an imagined one, it is one of the worst situations an individual can endure. If offered the possibility to end the suffering and relieve the patient or loved one from pain, would you be supportive or would you leave them to suffer? Physician-assisted suicide could be the answer for the select few patients who meet strict requirements and who are in need of relief. Physician-assisted suicide refers to a practice in which a physician provides a competent, terminally ill patient with a prescription for a lethal dose of medication, upon the patient 's request, which the patient intends to use to end his or her own life. (Black) Here is where the controversy arises: should terminally ill patients have the right to choose when to end their lives? Due to the facts that physician-assisted suicide can be constructed to have reasonable laws that ensure it will not be abused and protect the value of human life, relieve suffering patients, and allow citizens in need to exercise their fundamental freedoms to the right of death, physician-assisted suicide should be a legal practice in the United States.…

    • 2127 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    Assisted Suicide

    • 2589 Words
    • 7 Pages

    Around the same time a young woman was lying in a persistent vegetative state. Her parents wanted the life support removed. After a court battle, along with religious doctrines, the New Jersey court sided with the parents and the life support was removed. Unbeknownst to all she lived for nine years without the respirator breathing for her (Ekland-Olson & Aseltine 1).…

    • 2589 Words
    • 7 Pages
    Better Essays