Hamline Law Review, Vol. 36, p. 239, 2013
27 Pages Posted: 16 Oct 2013
Date Written: 2013
This Essay considers the different approaches to end of life decision making for incapacitated patients in the United States and in the United Kingdom. In the United States, individual patient autonomy is the primary guidepost for making end of life decisions for incapacitated patients. In the United Kingdom, patient preference is openly and deliberately supplemented with a careful consideration of the patient’s best interest. To contrast the two approaches, the Essay focuses on two cases involving patients in permanent vegetative states (PVS) for whom little was known about their respective individual preferences, and it analyzes the differences in conceptualization and resolution of disputes concerning these patients’ care. Finally, the Essay considers whether and how U.S. physicians and patients might more actively incorporate a “best interests” principle into end of life decision making for patients in PVS.
Keywords: End of life care, end of life decision making, incapacitated patients, Theresa Schiavo, Anthony Bland, United Kingdom, best interest analysis, permanent vegetative states, PVS
Suggested Citation: Suggested Citation
Noah, Barbara A., Two Conflicts in Context: Lessons from the Schiavo and Bland Cases and the Role of Best Interests Analysis in the United Kingdom (2013). Hamline Law Review, Vol. 36, p. 239, 2013; Western New England University School of Law Legal Studies Research Paper No. 13-16. Available at SSRN: https://ssrn.com/abstract=2340514