Death, Dying, & the Law in America

Death, Dying, & the Law in America

Introduction

The battle over the death and life of Karen Ann Quinlan, Nancy Cruzan, and Terri Schiavo were the most evolving medical ethics cases to catch not only public's attention but also U.S. Supreme Court's attention. These cases asked our society as well as the individuals involved, in general, to make moral judgments regarding the appropriateness of a decision to withdraw or maintain life-sustaining treatment. Making appropriate moral judgments regarding medical treatment in these and other cases is not possible without involving the medical understanding as well as legal aspects (Fine, 2005). Since last few years, medical science and its related legal issues have advanced dramatically to the point that diseases and injuries that used to unavoidably cause death are no more fatal. But unfortunately, while life itself can be extended, life's quality remains completely unknown or uncertain (Tarta, 2009). These three cases holds immense importance in this regard as they have highlighted the issue that our society never thought about, and due to which new medical laws have emerged regarding the death and dying of patient in America.

Discussion

Cases of Karen Ann Quinlan, Nancy Cruzan, and Terri Schiavo

Since last few years, medical science and its related legal issues have evolved as the cases of Karen Ann Quinlan, Nancy Cruzan, and Terri Schiavo came under strong consideration. The Supreme Court of America, in 1990, ruled on the problem of patient's right to refuse the life sustaining medical treatment. In Nancy Cruzan's case the court rule that if there is a convincing and clear proof of wishes of a patient then those preferences must be followed. The ruling in the cases of Cruzan and Quinlan of the right to privacy existence permitted their families to implement the right to withdraw medical treatment for patients (Tarta, 2009). Where, the Karen Ann Quinlan's case was the first legal case which highlighted this issue and became the base for 'right to die' movement. This case pointed out the widening chasm between the medical treatments or technologies and what is considered as a 'good death'. These cases led Americans towards thinking about the decisions that are required to be made at the end of life.

Later on, the case of Terri Schiavo also emphasized on this issue, the case would have been resolved by a written statement of Schiavo's expressed intentions and desires of how she wanted to be treated in case she was not able to communicate. But without this directive of Schiavo's intention about medical treatment, her family was forced into a court for intervention (Tarta, 2009). So, the case spurred public interest in living wills that allow people to written down about the way they want to be treated at the end of their lives; whether they want to be kept alive by artificial medicals treatments or not (Copeland & Parker, 2005). Thus, cases of Karen Ann Quinlan, Nancy Cruzan, and Terri Schiavo have become the basis for establishing a right to ...