The Maladaptation of Miranda to Advance Directives: A Critique of the Patient Self-Determination Act

Health Matrix: Journal of Law-Medicine, Vol. 9, No. 1, Winter 1999

64 Pages Posted: 29 Sep 1999 Last revised: 6 Nov 2013

Thaddeus Mason Pope

Mitchell Hamline School of Law; Queensland University of Technology - Australian Health Law Research Center; Saint Georges University; Alden March Bioethics Institute

Abstract

In this Article, Thaddeus Pope argues that the Patient Self Determination Act (PSDA) is a failure on its own terms. The Article first identifiesthe central purpose of the Act as the protection of patient autonomy. The Article then reviews much of the empirical research on the implementation of the Act. This research suggests that the medical preferences expressed in advance directives completed pursuant to the PSDA are usually not based on real understanding because patients are merely "Mirandized" of their right to direct their post-autonomous medical care. Although some scholars contend that this is the most that can be expected of the PSDA, Mr. Pope argues that patient autonomy is not an impossible goal.
The Article concludes that patient autonomy can still be protected if advance directives are completed with adequate informed consent.

Suggested Citation

Pope, Thaddeus Mason, The Maladaptation of Miranda to Advance Directives: A Critique of the Patient Self-Determination Act. Health Matrix: Journal of Law-Medicine, Vol. 9, No. 1, Winter 1999. Available at SSRN: https://ssrn.com/abstract=174749

Thaddeus Mason Pope (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Avenue
Room 320
Saint Paul, MN 55105
United States
651-695-7661 (Phone)

HOME PAGE: http://www.thaddeuspope.com

Queensland University of Technology - Australian Health Law Research Center ( email )

2 George Street
Brisbane, Queensland 4000
Australia

Saint Georges University ( email )

West Indies
Grenada

HOME PAGE: http://www.thaddeuspope.com

Alden March Bioethics Institute ( email )

47 New Scotland Ave
MC 153
Albany, NY 12208
United States

HOME PAGE: http://www.thaddeuspope.com

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