“Withdrawing treatment means discontinuing the treatment once it has already been started. Withholding treatment means not starting the treatment because the patient’s wishes are known beforehand.” “ It is always legally and ethically easier to withhold life support than to withdraw it. Some healthcare professionals feel that withdrawing life support is against their code of ethics, which is to provide beneficence, or promote the well-being of patients.” [ CITATION Jon14 \l 1033 ] . For example, in Terri Schiavo’s end-of-life treatment was withdrawing because she had a feeding tube that was placed before her death occurred and doctors agreed on her treatment that was provided.
CASE IN POINT: TERRI SCHIAVO AND CASE IN POINT: ANGELA CARDER 4 D. In the case of Angela Carder, what type of tort might have been committed (assault, battery, fraud, defamation of character, false imprisonment, or invasion of privacy)? Why? The type of tort I think might have been committed is assault. As stated in the book in Chapter 7, “ While violent physical acts upon a person do occasionally happen in healthcare settings, most assault cases involve unwanted touching or performing a procedure without consent. Patients generally sign consent forms before having any medical procedure. Oral consent is also considered legally binding but can be much more difficult to prove in court. ” [ CITATION Jon14 \l 1033 ] Medical procedures were performed without Angela consent and were not performed as she wants for example, cancer treatment. The rights of a pregnant mother come before the rights of the fetus and Angela denied the court order.
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- Summer '19
- Terri Schiavo, Health care proxy, Advance health care directive, Angela Carder