Texas Tech Estate Planning & Community Property Law Journal
Permanent URI for this collectionhttps://hdl.handle.net/2346/72462
Browse
Browsing Texas Tech Estate Planning & Community Property Law Journal by Subject "Advanced directive"
Now showing 1 - 1 of 1
- Results Per Page
- Sort Options
Item Conflict of Conscience: Refusal of a Health Care Provider to Withdraw Life Support(Texas Tech Estate Planning & Community Property Journal, 2011) Castleman, Don R.Explores potential civil liability, or other penalty, and potential judicial intervention when a health care facility or health care provider (physicians, nurses, and other medical professionals) refuses to carry out an advance directive to withhold life-sustaining treatment. Not concerned with any refusal to provide such life sustaining treatment, but assumes that the patient has executed a valid "living will" or advance directive that satisfies any applicable statute and that any person purporting to act as surrogate for the patient has valid authority to do so. Also assumes that the patient is terminally ill or in a persistent vegetative state, and that the refusal of the health care facility or the health care provider is not based on any disagreement in that regard. Moreover, assumes that the refusal to honor the directive, or to follow the instruction from the surrogate pursuant to a directive, is based on religious, moral, ethical, or conscientious objections on the part of the health care provider either as a person or as an institution and discusses the liabilities that might occur because of this objection.