Download - Veshi poster em last jd nov 2013
SANCTITY OF LIFE
Incompetent patients do not have the right to withdraw medical
treatment
Homicide of the consenting person (art.579 PC)
(Exculpation act)
Necessity to save patient’s life (art. 54 PC)
New interpretation of article 32 of the Italian Constitution which recognizes the “right to health” and therefore grants patients the
right to consent or withhold or withdraw from medical treatments.
CONCLUSIONS
RESULTS
Joint International Doctoral (Ph.D) degree in Law, Science and Technology
Denard Veshi Doctoral candidate of Joint International Doctorate in Law, Science and Technology Contact details: e-mail.: [email protected] Phone: +34 657 669 679.
Living wills and withdrawing treatment from an incompetent patient: ethical and legal issues in Italy
INTRODUCTION
End-of-Life Decision Making: withholding treatment, withdrawing treatment from a competent patient, withdrawing treatment from an incompetent patient, PAS, Euthanasia
PROBLEM STATEMENT
AIM OF THE RESEARCH
Artificial nutrition and hydration: basic care or medical treatment? The role of advance directives: blinding legal force or simple statements? Legal consequences for physicians in case of withdrawing treatment from a incompetent patient: consensual homicide or fulfilment of the patient’s autonomy?
Recognization of the blinding legal force of advance
directives: a tentative model for living wills in Italy
RESEARCH METHODS ETHICS: Sanctity of life versus Autonomy LAW: Interpretation of constitutional principles Case study Analogy Comparison with other legislations SOCIO - CULTURAL ASPECTS: Questionnaires to patients and their families CLINICAL ASPECT: Questionnaires to physicians
www.last-jd.eu
AUTONOMY
Incompetent patients have the right to withdraw medical treatment
Kidnapping or duress
(Artt. 605, 610 and 613 PC)
(Exculpation act) Fulfilment of duty (art.51PC)