About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

11 Pace L. Rev. 565 (1990-1991)
Specific Intent, Substituted Judgment and Best Interests: A Nationwide Analysis of an Individual's Right to Die

handle is hein.journals/pace11 and id is 573 raw text is: Notes and Comments

Specific Intent, Substituted Judgment and
Best Interests: A Nationwide Analysis of
an Individual's Right to Die
The tremendous advancements in medical technology in the
last several years have made it possible to sustain a person who
has minimal brain functioning .... It is now possible to hold such
persons on the threshold of death for an indeterminate period of
time by utilizing extraordinary mechanical or other artificial
means to sustain their vital bodily functions. The procedures used
can be accurately described as a means of prolonging the dying
process rather than a means of continuing life.'
Medical technology has effectively created a twilight zone of
suspended animation where death commences while life, in some
form, continues. Some patients, however, want no part of a life
sustained only by medical technology. Instead, they prefer a plan
of medical treatment that allows nature to take its course and
permits them to die with dignity.2
As scientific advances make it possible for us to live longer
than ever before, even when most of our physical and mental ca-
pacities have been irrevocably lost, patients and their families are
increasingly asserting a right to die a natural death without un-
due dependence on medical technology or unnecessarily pro-
tracted agony -   in short, a right to die with dignity.'
1. John F. Kennedy Memorial Hosp. v. Bludworth, 452 So. 2d 921, 923 (Fla. 1984).
2. Rasmussen v. Fleming, 154 Ariz. 207, 211, 741 P.2d 674, 678 (1987).
3. In re Conroy, 98 N.J. 321, 343, 486 A.2d 1209, 1220 (1985).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most