Joint International Doctoral (Ph.D) degree in Law, Science and Technology
Living wills and withdrawing treatment from an incompetent patient: ethical and legal issues in Italy INTRODUCTION
PROBLEM STATEMENT
RESEARCH METHODS ETHICS:
Artificial nutrition and hydration: basic care or medical
Sanctity of life versus Autonomy
treatment?
LAW:
The role of advance directives: blinding legal force or simple statements?
Legal consequences for physicians in case of withdrawing treatment from a incompetent patient: consensual homicide or fulfilment of the patient’s autonomy? End-of-Life Decision Making: withholding treatment, withdrawing treatment from a competent patient, withdrawing treatment from an incompetent patient, PAS, Euthanasia
AIM OF THE RESEARCH Recognization of the blinding legal force of advance directives: a tentative model for living wills in Italy
Interpretation of constitutional principles Case study Analogy Comparison with other legislations
SOCIO - CULTURAL ASPECTS: Questionnaires to patients and their families
CLINICAL ASPECT: Questionnaires to physicians
RESULTS
SANCTITY OF LIFE
AUTONOMY
Incompetent patients do not have the right to withdraw medical treatment
Incompetent patients have the right to withdraw medical treatment Kidnapping or duress (Artt. 605, 610 and 613 PC)
Homicide of the consenting person (art.579 PC)
(Exculpation act) Fulfilment of duty (art.51PC)
(Exculpation act) Necessity to save patient’s life (art. 54 PC)
CONCLUSIONS
New interpretation of article 32 of the Italian Constitution which recognizes the “right to health” and therefore grants patients the right to consent or withhold or withdraw from medical treatments. Denard Veshi Doctoral candidate of Joint International Doctorate in Law, Science and Technology Contact details: e-mail.: denard.veshi@studio.unibo.it Phone: +34 657 669 679.
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