Louis Kutner

An American lawyer, Louis Kutner proposed living wills in 1969 as a simple device to allow patients to say no to life-sustaining treatments they did not wish to have, even when they were too ill to communicate the fact (Kutner, 1969). Their early use revealed many problems in translating the patients' wishes from the documents into specific actions for doctors to follow regarding medical treatments (Living, 2005). The advantages of living wills are: 1) they respect a patient's human rights and their right to refuse medical treatment; 2) they encourage discussion of end of life issues; 3) knowing what the patient wants allows doctors to make appropriate treatment decisions; and 4) they relieve the family and friends of the patient of having to make these important decisions. The disadvantages are that it is difficult to know when you are healthy how you will react in situations where a living will would take effect; it may be difficult to translate a living will into actual medical action; patients may change their minds but not their living wills; and they are of no use if they cannot be found quickly in time of need.

A living will should contain instructions for specific states such as: vegetative states, coma, brain damage which is terminal, brain damage which is not terminal, chronic and incurable disease, and serious but treatable diseases (Living, 2005). It should state which treatments are acceptable to the patient, e.g. treat everything, prolong life as long as

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n given less than two months to live. My mid-1998, Attorney General Janet Reno overturned the DEA ruling, and by the end of 1998, there had been no pro-choice predicted rush of people to make use of the law. Of the 23 individuals who obtained lethal doses of barbiturates in 1998 in Oregon, only 15 used them, six died from their illness, and two survived the year. Thirteen of the 15 suicides were dying of cancer. Everyone who used the medication became unconscious within five minutes and died within an hour. Again, contrary to the belief of pro-lifers, college-educated patients were much more likely to choose physician assisted suicide then the poor and uneducated by a factor of 12 or more. In 2001, Attorney General John Ashcroft reversed Janet Reno's decision, but met with strong opposition on all fronts (Physician, 2005). The Attorney General of Oregon initiated a law suit to have Ashcroft's directive declared unconstitutional. In 2001, 44 terminally ill patients requested lethal prescriptions and 21 used them. In 2002, the government of Oregon initiated a law suit in federal court to block the federal Justice Department from taking legal action against Oregon doctors who prescribe medication to assist terminally ill pa

Category: Government - L