LE RESPECT DES VOLONTES ANTICIPEES DE FIN DE VIE : ENTRE JUGEMENT CLINIQUE ET DROIT
Keywords: Comparative Law, Independence, Health law, Medical liability, Right to self-determination, End-of-life wishes, End-of-life directives, Living will, Refusal of treatment, Treatment withdrawal
AbstractThe abandonment of a paternalistic attitude toward medical treatment in favour of an approach more attuned to patient autonomy and quality of dying has led to an increased interest towards advanced end-of-life instructions. Complying with these instructions, however, presents a number of practical difficulties for healthcare providers. This analysis focuses both on the obligation to respect end-of-life advance directives and wishes in Quebec law, as well as on the various factors that enable one to determine whether or not a decision to respect, or not to respect, such instructions is reasonable.
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