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Pages:
5 pages/β‰ˆ1375 words
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6 Sources
Style:
APA
Subject:
Literature & Language
Type:
Essay
Language:
English (U.S.)
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Topic:

Terminating Life-Sustaining Medical Treatment

Essay Instructions:

They must be a minimum of 240 words each questions. The corporate concepts should consist with NJ statue regulatory that each court case must provide the "Which test did apply for making the argument in the court and why did the court reject or agree on this argument ", and constitutional fundamental legal reasoning---> This is for making the legal analysis
There are 5 writers that had posted their arguments on DQ6.1 & 6.2 that you are going to provide me responses . The responses must contain the critical legal analysis that are consist with our reading lists for making legal argument against these 5 writers that why you are disagree or agree if it is then why you are disagree or agree.
The main question was
Dq6.1: In a case such as Matter of DH, who should make the determination that removal of life-sustaining treatment would be in the child’s best interests—parents, health care providers, or the court? Is it ethical to keep DH on a ventilator indefinitely? Should physicians defer to parents’ determination that withdrawal of life-sustaining treatment is in the child’s best interests?
DQ 6.2: Illinois courts have held that the State cannot override a pregnant woman's decision to refuse a cesarean section or blood transfusion but, as illustrated by Jefferson v. Griffin Spalding, not all courts agree. As one court has noted, enforcement of a court-ordered cesarean would require that the pregnant woman “be fastened with restraints to the operating table, or rendered unconscious by forcibly injecting her with an anesthetic and then subjected to unwanted major surgery. Such actions would surely give one pause in a civilized society especially when [the pregnant woman] had done no wrong.” Most doctors would be unwilling to forcibly subject a competent patient to an invasive procedure, and the American Medical Association has recommended against judicial intervention in these cases. Are the difficulties of enforcing such orders sufficient reason not to override a pregnant woman’s decision to reject treatment even when her decision poses a significant risk of severe injury or death to the fetus?
****The following is a list of the readings for Week 6:
A. Life-Sustaining Treatment
- Rosebush v. Oakland (Ct App Mich. 1992)
- In the Matter of DH (NY Sup. 2007)
- McKinney's Public Health Law § 2994-e
- W. Va. Code, § 16-30C-6
B. Risk to the Fetus
- In re Fetus Brown (Ill App. 1997)
- Jefferson v. Griffin Spalding County Hospital Authority (Ga. 1981)

Essay Sample Content Preview:
Terminating Life-Sustaining Medical Treatment
The decision to terminate or maintain life-sustaining medical treatment for a minor has always been difficult for the parents and the medical staff. Parents and health care professionals always try their best to do what is best for the child. Pediatric and child health researchers have analyzed circumstances in which intensive medical treatment may stop to be in the child's best interest. Before terminating life-sustaining medical support, ethical justification must also be considered (Rholl et al., 2022). Most laws view a minor as incompetent in life-changing medical decisions and award the privilege or responsibility to the parents or guardians. Minors cannot understand the full extent and consequences of the action they might consider.
Terminating life-sustaining medical treatment revolves around a no-chance, unbearable and no-purpose situation. Yet, determining what makes up a no chance, unbearable, and no purpose situation is a case of legislative debate. Justice dictates that in cases of intractable disagreement between the parents and the medical professionals, institutional procedures like ethical consultation should be sort for a fair resolution of the conflict. State interest in such matters looks at the preservation of life and the protection of innocent third parties. Additionally, prevention of life and the maintenance of ethical integrity of the medical profession is considered. In the matter of D.H., the court ruled that the patient be left on life support despite the parents disagreeing with the medical staff (Justia). The parents wanted termination of life-sustaining medical support, yet the medical team wanted the patient to be left on treatment. The biggest deciding factor in the case was that the patient was aware of and enjoying certain things in life, like watching cartoons.
Question One
In responding to the first part of Jon's first question on who should decide in the event, a child is in a comma with a low likelihood of recovery. In the same case, the parents want to continue with lie support treatment, while the medical staff wants to terminate the treatment. Parents hold a tight bond with their children and might have difficulty deciding to terminate life-sustaining medical support that will end their child's life. Yet, consideration must be put that the life-sustaining treatment equipment is a public resource that serves a vast majority, not just the current patient with a low likelihood of survival.
Legal considerations for such matters are limited since the medical field has evolved to include procedures and cures for diseases that would have been impossible in the past (Haward & Janvier, 2020). Therefore, as discussed above, an ethical compass must be employed in the decision-making. To continue sustaining a patient with minimal likelihood of recovery on equipment that would otherwise be used to sustain other patients with a higher likelihood of survival is unethical and selfish. The medical team, on this occasion, should be allowed to decide and terminate the treatment.
In the second part of Jon's first question, the parents wish to stop life support while the medical team disagrees. In this case, we look at the medical expense's financial bu...
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