End-of-life Decision Making, Therapeutic Jurisprudence, and Preventive Law: Hierarchical v. Consensus-Based Decision-Making Model
Thomas L. Hafemeister
Arizona Law Review, Vol. 41, Pp. 329-373, 1999
In addressing how end-of-life decisions should be made, courts have mandated the use of a hierarchical model in which one person is provided sole decision-making authority. However, this exclusionary approach fails to consider the well-being of a range of individuals deeply affected by these decisions. In contrast, a consensus-based model has been widely endorsed and applied by health care providers. The integrated principles of Therapeutic Jurisprudence and Preventive Law and data from an empirical study of laypersons provide further support for a consensus-based model.
Accepted Paper Series
Date posted: October 5, 1999
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