The essay deals with a few judicial decisions to withdraw or withhold life-prolonging treatment, when there is no chance that the patient might recover. The analysis is conducted through the scrutiny of two couples of different cases: on one hand, there are situations in which an incapable patient is provided with medical care and treatment in the absence of his consent or indication, because he never said anything about his intentions, when he had capacity to decide. On the other hand, there are situations in which a patient – who has the capacity to make his own decision about his life-prolonging treatment – wants to withhold that treatment and medical care and, as an effect, to die.The answers given by the English and Italian courts are different, but they have a common core: a mentally competent patient has an absolute right to refuse – in an expressed or presumed way – medical treatments, even where that decision may lead to his own death.In conclusion, it is possible to acknowledge not a right to die, but a right to live in a natural way – accordingly with the patient’s informed choice – without any artificial prolonging of suffering.
|Numero di pagine||32|
|Rivista||ANNUARIO DI DIRITTO COMPARATO E DI STUDI LEGISLATIVI|
|Stato di pubblicazione||Published - 2015|