"Executing an advance directive that specifies a patient’s wishes regarding end-of-life medical care is an exercise of self-determination – a conscious choice about the degree and type of medical intervention one wishes to receive under end-of-life circumstances."
"Empirical studies, however, consistently report that healthcare professionals fail to comply with advance directives; violations of a patient’s interest in self-determination are alarmingly common. From a practical perspective, the conduct of either patients or healthcare professionals may make an advance directive unavailable, which results in noncompliance. Legally, courts have historically rejected claims for “wrongful living” associated with the prolongation of life that results from unwanted medical intervention. As a result, healthcare professionals fear the liability threatened by a wrongful death claim more than the legal exposure risked by keeping an individual alive despite a contrary mandate in an advance directive."
"In response to practical concerns regarding availability, this paper proposes the creation of a nationwide registry of advance directives and argues that sanctions for violations of professional responsibility as well as the risk of liability for legal malpractice encourage utilization of the proposed registry."
"To realign the skewed legal incentives, this paper argues that the compensable harms associated with battery and negligence claims filed in lieu of “wrongful living” claims should include the loss of enjoyment of life. Because damages for loss of enjoyment of life are rarely mentioned by courts or scholars in the context of violating advance directives, this paper describes loss of enjoyment of life damages and argues that such damages should be compensable in the same manner that tort law compensates for similar injuries that lack an objective market value."
"In combination, the practical and legal proposals incentivize compliance with an advance directive and thereby expand the protection afforded a patient’s interest in self-determination."
The oncologist had prescribed Xgeva hoping it would strengthen her bones while also delaying the progression of Angela Kahn’s breast cancer. But Kahn (a pseudonym) couldn’t get over the price of the drug. Before the oncologist had a chance to … Continue reading →
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The ads will continue until lawmakers enact the Aid in Dying for the Terminally Ill Act into law. The new video features two sisters who are nurses disabled by life-shortening diseases. They urge New Jerseyans to write their lawmakers in support of the legislation and to bring it to the floor for a vote.
“I've had 18 surgeries. I plan to fight my illness for as long as I can. I enjoy life,” says 61-year-old Clark resident Laurie Wilcox, LPN, who has suffered from rheumatoid arthritis for 30 years that has invaded her lung tissue and requires an oxygen tank most of the day to breathe. “At the end stage of my disease, I do not want to suffer through air hunger in the very last days of my life. Please urge New Jersey lawmakers to bring this legislation to the floor for a vote now.”
“I have two small, small grandchildren that I love to death,” says Hamilton Township resident Melissa Wilcox, RN, who suffers from small cell lung cancer, the most deadly of all lung cancers. “I don't want to die, but I'm going to. I'd like to have the opportunity to do it in my own way, at home, with my family and friends around me. I need the lawmakers to act right now because I may not have tomorrow.”
A 2-1 majority (63% vs. 29%) of New Jersey voters, including most Protestants (73%), Catholics (64%) and other non-Protestant residents (59%), support medical aid in dying, according to the most recent state poll on the issue by Rutgers-Eagleton. Major newspapers statewide have endorsed the Aid in Dying for Terminally Ill Act.
“We have the votes now to pass this popular, six year-old bill in the Assembly and Senate,” said Corinne Carey, New Jersey campaign director for Compassion & Choices. “Lawmakers should honor the wishes of the vast majority of their constituents and pass this bill before any more terminally ill New Jerseyans die in needless agony because they did not have this option.”
Medical aid in dying is authorized in Washington, D.C. and 7 states: California, Colorado, Montana, Oregon, Vermont, Washington, and starting on Jan. 1, in Hawai’i. Collectively, these jurisdictions represent nearly 1 out of 5 Americans (19%) and have 40 years of combined experience safely using this end-of-life care option.