49 rutFOOTNOTES - Page p 49 Rutgers L Rev 1 FOOTNOTES n1...

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Page p 49 Rutgers L. Rev. 1, * FOOTNOTES: n1 Robert Kastenbaum, Childhood: The Kingdom Where Creatures Die, 3 J. Clinical Child Psychol. 11, 11 (1974). n2 For the purpose of this Article, life-sustaining treatment is defined broadly to protect the patient's right to self-determination. Thus, lifesustaining treatment is medical treatment, not including diagnostic procedures, that would prevent the patient's death in the foreseeable future. See The Hastings Center, Guidelines on the termination of lifesustaining treatment and the care of the dying 4 (1987) [hereinafter "Hastings Center Guidelines"] (defining life-sustaining treatment as "any medical intervention that is administered to a patient in order to forestall the moment of death"); cf. 2 Alan Meisel, The Right to Die section 11.9, at 99 (1995) (" life- sustaining treatment is one that will serve only to prolong the process of dying."). Life-sustaining treatment may be provided for illnesses or conditions in which the threat of death is imminent, such as the need for a respirator. Such treatment may also be provided for conditions or illnesses in which death is more remote, such as chemotherapy for cancer or artificial hydration and nutrition. The essence of life-sustaining treatment is that the child is weighing the significance of death because, without the treatment, the child could die. See infra Part II.A. Consequently, treatments for nondeadly, chronic illnesses are not addressed in this Article. This definition of life-sustaining treatment is broader than the definitions contained in living wills and health care proxy statutes. Generally, these statutes address decisions made when death is imminent. See Haw. Rev. Stat. Ann. section 327D-2 (Michie 1992); 755 Ill. Comp. Stat. Ann. 40/10 (West 1995); Me. Rev. Stat. Ann. tit. 18A, section 5-801 (West Supp. 1995); Md. Code Ann., Health-Gen. I section 5-601 (1995); N.J. Stat. Ann. section 26:2H-55 (West 1995); Pa. Stat. Ann. tit. 20, section 5402 (West Supp. 1995); Utah Code Ann. section 75-2-1103 (Supp. 1995); Va. Code Ann. section 54.12982 (Michie 1994); see also statutes cited infra notes 139-58. The broader term of right to die--which includes refusal of life-sustaining treatment, physician-assisted suicide, and voluntary active euthanasia--has been deliberately avoided. See Jean K. Cipriani, Note, The Limits of the Autonomy Principle: Refusal of Life-Sustaining Medical Treatment for Incompetent Persons, 22 Hofstra L. Rev. 703, 705-06 (1994) (explaining that the right to refuse life-sustaining treatment is not the same as the right to die). This Article focuses on a right that is clearly established for adults--the right to refuse life- sustaining treatment--and analyzes to what extent the right extends to children. Because the minor's right to refuse treatment generally has been thoroughly discussed by other scholars, it will not be addressed in this Article. See generally Nancy Batterman, Under Age: A Minor's Right to Consent to Healthcare, 10 Touro L. Rev. 637 (1994) (examining whether the "mature minor " and "emancipated minor " doctrines have survived recent legislative attempts to permit minors to consent to certain categories of medical procedures); Rhonda Cohn,
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