Advance Directives and the Pursuit of Death with Dignity

Advance Directives and the Pursuit of Death with Dignity

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'Cantor provides a very thorough, reliable, and readable guide that should be in the personal library of lawyers, clergy, and social workers as well as those in health care who have responsibility for helping patients execute advance directives' - Robert M. Veatch, Director, Kennedy Institute of Ethics, Georgetown University.An advance medical directive (living will) is a device aimed at controlling medical intervention during the dying process after a patient is no longer competent. Because of its ambiguous legal status and the ambivalence of medical personnel, it is still uncertain whether the advance directive will be a successful tool in the individual's struggle to retain a modicum of dignity in the face of modern life-prolonging technology. After examining the issues surrounding future-oriented medical decision making, Cantor outlines the legal foundation and framework governing advance directives and considers how such documents should be drafted in light of that legal framework. He suggests guidelines for implementing advance medical directives and discusses possible channels for enforcement of directives when health care providers balk at implementation. Finally, he considers the moral foundation and the moral limits of future-oriented autonomy.show more

Product details

  • Hardback | 224 pages
  • 163.3 x 243.6 x 23.6mm | 577.27g
  • Indiana University Press
  • Bloomington, IN, United States
  • English
  • black & white illustrations
  • 025331304X
  • 9780253313041
  • 2,000,140

About Norman L. Cantor

NORMAN L. CANTOR is Professor of Law and Justice Nathan L. Jacobs Scholar at Rutgers University School of Law, Newark, and is also a member of the Faculty of Law at Tel Aviv University. He served as an advisor to counsel in the Karen Ann Quinlan case and as advisor to the New Jersey Bioethics Committee. He is author of Legal Frontiers of Death and Dying and numerous law journal articles covering legal aspects of death and dying.show more

Back cover copy

An advance medical directive is a device aimed at controlling medical intervention during the dying process after a patient is no longer competent. Because of its ambiguous legal status and the ambivalence of medical personnel, it is still uncertain whether the advance directive will be a successful tool in the individual's struggle to retain a modicum of dignity in the face of modern life-prolonging technology. After examining the issues surrounding future-oriented medical decision making, Cantor outlines the legal foundation and framework governing advance directives and considers how such documents should be drafted in light of that legal framework. He suggests guidelines for implementing advance medical directives, anticipating the major problems likely to confront administrators of such directives, and discusses possible channels for enforcement of directives when health-care providers balk at implementation. Finally, he considers the moral foundation and the moral limits of future-oriented autonomy. This book will be an important resource for any person involved in the design or application of an advance medical directive - physicians, nurses, hospital social workers, administrators of health-care institutions, lawyers, clergy, and lay people seriously concerned about exercising control over the dying process in today's high-tech medical environment.show more

Table of contents

INTRODUCTION: ON RESTRAINING LIFE-PRESERVING MEDICAL TECHNOLOGY 1. The Bounds of Autonomy for Competent Medical Patients 2. Advance Directives and Problems of Prospective Autonomy 3. Choosing the Best Format in Light of the Statutory Framework for Advance Directives 4. Drafting Advance Instructions 5. Interpretation and Administration of Advance Directives 6. The Moral Boundaries of Shaping Post-Competence Medical Care 7. Enforcing Advance Directives 8. New JerseyOs Model Legislation Appendix A: Advance Directive for Health Care Appendix B: Form Health-Care Power of Attorney Appendix C: The New Jersey Bioethics CommissionOs Combined Advance Directive for Health Care (Combined Proxy and Instruction Directive) Appendix D: A Values Profile Notes Indexshow more

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