The patient with Alzheimer's Disease can, and must, be treated in a caring and humane manner throughout the entire course of the disease. The right to choose is one which may be questioned if the patient's cognitive ability is impaired. What are our rights and responsibilities as caregivers, families and possibly as patients? This article explains the law as it was in the past and as it is now.
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References
1.
58 USLW 4916 (1990).
2.
Id. at 4917.
3.
American Academy of Neurology Executive Board. Position of the American Academy of Neurology on certain aspects of the care and management of the persistent vegetative state patient. Neurology (1989), 125-126.
4.
Cruzan, supra note 1, at 4917.
5.
70 NJ 10, 355 A2d 647, cert denied sub nom. Garger v New Jersey, 429 US 922 (1976).
Cruzan v Harmon, 760 SW 408, 416-420 (Mo en banc 1988).
15.
Id. at 425.
16.
Cruzan, supra note 1, at 4916.
17.
Odorizzi MLThe Impact of Cruzan. Presented at "Foregoing Life-Sustaining Treatment" (Seminar, July 1990). See also, Gearing up for the advance directive push. Hosp Ethics. 1990;6(5)2-5.
18.
It is important to note that although the Supreme Court did not address this issue in the majority opinion, Justice O'Connor, in her concurring opinion, stated that: "I also write separately to emphasize that the Court does not today decide the issue whether a State must also give effect to the decisions of a surrogate decision-maker .... In my view, such a duty may well be constitutionally required to protect the patient's liberty interest in refusing medical treatment." Cruzan, supra note 1, at 4923.
19.
Brent NJThe patient with Alzheimer's disease: Retaining the right to make medical treatment decisions. Home Healthcare Nurse . 1989;7(1):6-8.
20.
Id. at 7.
21.
P.L. 101-508, H.R. 5834, November 5, 1990. The effective date of the Patient Self-Determination Act, which is a part of OBRA 1990 legislation, is December 1,1991.
22.
Cruzan, supra note 1, at 4929.
23.
See, for example Lerner MR. I've lost a kingdom: A victim's remark on Alzheimer's disease. J Am Geriatr Soc . 1984.
