Preview

Compare And Contrast Uniform Declaration Of Death Vs Medical Death

Better Essays
Open Document
Open Document
979 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Compare And Contrast Uniform Declaration Of Death Vs Medical Death
Vittoria Perugini
Professor Timberlake
English Composition
November 2, 2014
Legal Death Versus Medical Death New technological advances allow for patients to stay alive in situations that they normally could not survive. This causes an increasingly problematic conflict between medical and legal systems. The Uniform Declaration of Death Act allows for a somewhat reliable definition for death in both systems. However, some situations still challenge the universally accepted definition of death. Lia’s situation is a perfect example of how a medical definition of death conflicts with legal conditions. Lia’s complex medical situation showcases how death challenges both the medical and legal systems in America, making it very difficult to offer a concrete definition. The Uniform Declaration of Death Act recognizes two definitions for death, in which are universally accepted by both the medical and legal system. Death is defined by either the “irreversible cessation of circulatory and respiratory functions” or the “irreversible
…show more content…
Because there are so many complicated situations, there will always be a varying factor in the matter. The Uniform Declaration of Death Act makes a generally acceptable definition for death in which the medical system strictly abides. However, because of advances in medical technology, patients in a vegetable state can be kept alive by the use of ventilation and feeding tubes. The legal system is constantly challenged by the definition of death because they must still pay for medical treatments even though the individual has permanent termination of all functions of the entire brain, including the brain stem. Lia’s situation perfectly highlights this battle between legal and medical systems. The issue on describing a perceptible definition for death will continuously exist as long as new advances in medicine

You May Also Find These Documents Helpful

  • Better Essays

    The term euthanasia originated from the Greek word for "good death." It is the act or practice of ending the life of a person either by lethal injection or the deferment of medical treatment (Munson, 2012, p. 578). Many view euthanasia as simply bringing relief by alleviating pain and suffering. Euthanasia has been a long-standing ethical debate for decades in the United States. Active euthanasia is only legal in the Netherlands, Belgium and Luxembourg. Assisted suicide is legal in Switzerland and in the United States in the states of Washington, Oregon and Montana (Angell). Several surveys indicate that roughly two thirds of the American public now support physician-assisted suicide, and more than half the doctors in the United States do too (Angell). Active voluntary and nonvoluntary euthanasia matter because they allow the patient or family to relieve them of pain and suffering, and to die with dignity and respect. In this paper I will argue that it is immoral and unethical to deny a patient the right to die and that active voluntary and nonvoluntary euthanasia should be a legal practice in the United States.…

    • 2255 Words
    • 10 Pages
    Better Essays
  • Good Essays

    The “right to die” controversy is on-going and fuels debate in morality, bioethics, legal guardianship, civil rights, and euthanasia. The right to die identifies that an individual with a terminal illness is entitled to pursue euthanasia or assisted suicide. The case of Karen Ann Quinlan in 1977 is hallmark in this debate, a case in which the New Jersey Supreme Court ruled in her parents favor, removing her from mechanical ventilation due to her persistent vegetative state. This landmark judgment set significant precedents involving future cases, and the development and implementation of formal ethics committees. Notably, the state of California in 1977 legalized living wills, providing advance guidelines for institutions to follow in the event a patient is suffering from a terminal condition.…

    • 501 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    This paper is a discussion of whether or not a person has the right to choose to die, also seen as death with dignity, or is this a matter to be decided by legislation? An important part of understanding the ideas presented within this context includes knowledge of the terminology that is used. Words that are commonly misused or misunderstood include autonomy, euthanasia (active and passive), physician assisted suicide (PAS), and physician assisted death (PAD). These terms are important aspects to both sides of the debate. The position that argues in favor of one’s right to die generally cites anecdotal evidence to make its point and counts Oregon’s Death with Dignity Act among one of the more successful models in support of the argument. The opponent’s arguments are rooted more along the lines of religious agendas and medical/ethical issues. The argument in favor of a persons right to die is a logical and persuasive one. It offers strong support by drawing parallels between things such as “life, liberty and the pursuit of happiness” and a persons right to choose not only life but death as well. Unfortunately this is not a black and white issue, it has no right or wrong answer and as such there will probably be no resolution anytime soon.…

    • 2434 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    The right to die dates back to the 1970’s with withdraw of life support, advance directives, and surrogate decision making (Hillyard & Dombrink, 2001, pp 9). There is still much to be achieved in right to die movement. Negative attitudes about this end of life option will remain for several years to come. This negativity should not set the standard for those who may benefit from death with dignity being legal in all US states. Modern times and advances in medical science have created the controversial issue of dying with dignity. Living in a world of cure is possible and longer life expectancy is amazing, but with this power comes responsibility.…

    • 308 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The debate over Euthanasia and Physician Assisted Suicide is becoming more and more complicated as doctors develop a better understanding for its purpose and usefulness. Euthanasia is a Greek term meaning “good death” and it can be described as a killing of a patient who chooses to take this course in action by applying, administrating, and undergoing a procedure to end their life. Euthanasia is prescribed when a patient is in intense pain or suffering and is ready to end their life in a safe and logical way with the help of a doctor. It is a simple procedure with a choice of either drug administration or a lethal injection. The injection is much faster than the drugs, but both work in the same way. The significance of euthanasia is to be able…

    • 1193 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Adams, R., et. al. Physician Assisted Suicide and the Right to Die with Assistance. Harvard Law Review 105:2021-2040. 1992…

    • 1107 Words
    • 5 Pages
    Better Essays
  • Better Essays

    It is obvious why this case and especially its verdict has caused such an uproar with ethicists and society. The ethical dilemma presented in this case is whether Canadian law has the authority to prohibit Sue Rodriguez the right to pursue physician assisted suicide as a way to end her life.…

    • 1166 Words
    • 5 Pages
    Better 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

    In conclusion, if a terminal patient lives in steady anguish, he or she should not be forbidden to peacefully end his or her life with a doctor’s aid. Living in pain and practically waiting for death to arrive is not the way a human should spend their last couple months of life. Citizens with an incurable disease that progressively worsens should be able to die with dignity. If not these patients will spend their last days with complete misery and worry that death is not near enough. States throughout the country and the government need to revise their beliefs about an assisted death and consider the amount of benefits it provides life-threatening patients. Overall, Physician-assisted suicide should be an option for patients in more than…

    • 131 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Emperor Penguins

    • 1001 Words
    • 5 Pages

    Physician-assisted suicide has been and still is one of the biggest issues in the United States and other countries. Euthanasia is known as “act of bringing about the death of a hopelessly ill and suffering person in a relatively quick and painless way for reasons of mercy.” The debate over euthanasia and assisted suicide focuses more on cases with older people, although it can involve younger adults with terminal diseases, or even children. Surveys have shown public opinions about this controversial practice, 71% of respondents say that a physician should be legally allowed to end a patient’s life if both the patient and relatives make such request. Although formal norms against euthanasia are still strict, according to an estimate by the American Hospital Association, 70 percent of all deaths in the United States were quietly negotiated with the patients, family members, and physicians agreeing not to use life-support (Schaefer, 301).…

    • 1001 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In the year 2007, my grandfather the Honorable Leon Davis was dying. This American war hero had made a request to die with dignity. He was dealing with a failed kidney, pneumonia, dementia, hypertension, MRSA foot infection, a broken hip, and terrible living conditions at a nursing home. All these problems left him weakened and physically dependent on others. For terminally ill patients like my grandfather, where death was inevitable and would have been less painful than living, euthanasia should be a consideration or an option. Euthanasia is a way of relieving ill people 's pain and save them from the agony of their illness.…

    • 782 Words
    • 4 Pages
    Good Essays
  • Good Essays

    These individuals should have the choice to end their torment and have the right to choose how their lives will end when they choose to. These patients should not have to die alone or move to an entirely different state in order to attain the help they need. To deny a terminally ill patient, this very fundamental right is a cruel and unusual punishment. While many states are finally acknowledging the need for “physician-assisted suicide” (Drum 28), there is still much work to be done to ensure patients can remain in their home states and still have access to “end-of-life” (Drum 29) care, if so they desire. “Physician-assisted suicide” (Drum 28), should not be seen as a homicide, but rather an act of…

    • 1440 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Bastian 1 Euthanasia, the act of relieving the prolonged pain and suffering of terminally ill patients by inducing death, has been the subject of controversy for sometime. Dying with dignity, the kind of end we hope for ourselves as well as others, has in some ways become more difficult. With the advancements in medicine having leaped forward within the last 20 years, prolonging life by means of technology has become common place in the medical community. These life-sustaining advances in treatments have brought up moral issues of whether it is the right of an individual to suppress his or her own life-sustaining treatment if they so desire. Our society has become a youth-worshipping society. It is almost as if we have taken on old-age and death as just another disease that need to be conquered. The fact is, we all die sooner or later. Death is not our enemy. It is as much a part of living as being born. Some seventy percent of the deaths that occur here in the U.S. take place in a hospital or institution, and almost three-quarters of the people who die each year are over sixty-five.(Ogg 2) This figure has not always been the case though. Before immunizations of infectious childhood diseases, death at a young age was common. In 1915 the average life expectancy was 54.5 years. Today the average is about 75 years. Most adults who died were not really old by today's standard. (Ogg 2) Death was part of living, commonly taking place at home with family and friends. Bastian 2 Today, as the figures show, death is highly institutionalized. This hiding away makes death easier for everyone to deny. The question of how to treat the dying surfaces. As one doctor stated, "there is a time to resist a disease and a time to recognize that future resistance would be inhumane, as well as futile." (Kubler-Ross 8) Traditionally, doctors had the responsibility for deciding what should or should not be done for dying patients. Now,…

    • 1402 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    Euthanasia is the intentional killing by act or omission of a dependent human being for his or her alleged benefit.” People all over the world, suffer from painful diseases and illnesses and become desperate for assisted suicide. There are two types of euthanasia. The first is voluntary euthanasia, is when the person who is killed has requested to be killed. The second type is involuntary euthanasia. This occurs when “euthanasia is performed on a person who is able to provide informed consent, but does not, either because they do not choose to die or because they were not asked.” It is our decision whether we want to live or die, or how long we want to live or die, therefore voluntary euthanasia is appropriate, for somebody who is suffering…

    • 1240 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Death and Dying

    • 1195 Words
    • 5 Pages

    When a person is declared dead this meant that the patient is not breathing and the heart has stopped beating. New medical technology has helped in prolonging a life by making the heart and lungs function artificially; sometimes permitting one to recover. The heart and lungs functionality can be restored even if there is a complete and irreversible loss of all brain function with the use of artificial machinery. This has led to the proposal of a new set of clinical signs; the definition of ‘brain death’ is:‘the functionality of respiration and circulation is lost along with consciousness, thought and feelings.’ A lot of questions emerge, because with this reasoning if a person has spontaneous functioning of heart and lungs but no other vital signs are evident, then they are dead. What about people who are in a coma; those showing weak signs of “human life”; those mentally retarded or senile? Should they be considered as beings that don’t show sufficient…

    • 1195 Words
    • 5 Pages
    Good Essays