Bouvia V. Superior Court - 1645 Words

1.3 Bouvia v. Superior Court Dawnyel Donaldson Franklin University Healthcare Law and Ethics HCM742-H1WW (F14) Julia Matthews JD/MPH November 13, 2014 The case of Elizabeth Bouvia v. Superior Court is a well-known case in the patient’s right to refuse treatment. Elizabeth Bouvia was born with cerebral palsy, which worsened, as she grew older and subsequently caused her to become a quadriplegic. She additionally developed severe degenerative arthritis that caused her to be in continuous unbearable pain. At the age of twenty-eight her condition had worsened to the point that she was said to be bed ridden and completely dependent on others for her activities of daily living. Although she had many physical challenges she was a†¦show more content†¦The Superior Court of Los Angeles County became a pivotal case in a patient’s right to refuse treatment. In the initial case Ms. Bouvia and her legal team sought a court order to have the NGT removed and to stop all medical treatments she did not consent to. She argued that this treatment would not be a cure for her condition and would not improve her quality of l ife. The hospital staff argued the interest of the state prevailed over a patient’s right to refuse treatment. They noted that the state and healthcare teams viable interests include: â€Å"(1) preserving life, (2) preventing suicide, (3) protecting innocent third parties, and (4) maintaining the ethical standards of the medical profession, including supporting the right of physicians to effectively render necessary and appropriate medical services† (Liang amp; Lin, 2005). Additionally they sighted Ms. Bouvia’s failed previous attempt to â€Å"starve herself to death† in 1983 with the assistance of her medical team. The court denied her request citing these key interests and the fact that medical professionals felt that Ms. Bouvia could live 15-20 additional years with supplemental nutrition justified the state’s interest in preserving her life. The court also stated that any other decision would be condoning a medical team to aid and abet sui cide. Immediately after the decision Ms. Bouvia filed a petition for a writ of mandamus with the California Court of Appeals to have the NGT removed immediately andShow MoreRelated Euthanasia Essay: The Hemlock Society and Assisted Suicide1080 Words   |  5 Pagescome a more tolerant attitude to the other exceptional cases. nbsp; Or take the actions of Hemlock leaders in the case of Elizabeth Bouvia. Writing about the Bouvia case, Humphrey expressed Hemlocks support of the right to voluntary euthanasia for a person terminally ill, or severely handicapped and deteriorating.... Hemlock Quarterly 14 (1984). But Ms Bouvia was not deteriorating. Cerebral palsy is not degenerative. The open-ended term deteriorating can be made to mean almost anything in