Doukas D J, Brody H
Department of Family Practice, University of Michigan, Ann Arbor 48109.
J Am Board Fam Pract. 1992 Mar-Apr;5(2):201-5.
In the case of Nancy Cruzan, involving an incompetent patient's right to have artificial feeding withdrawn, the Supreme Court of the United States upheld the State of Missouri's right to set evidenciary standards prior to the discontinuation of care. The "clear and convincing" standard of the Cruzan ruling highlights the primary care physician's importance in proactively addressing advance directives with patients in the outpatient setting. Primary care physicians need to familiarize themselves with and discuss with patients such advance directives as the living will and the durable power of attorney. Physicians also need to understand the legal requirements of advance directives, as well as the implications of the clear and convincing standard in their own state.
在南希·克鲁赞案中,涉及无行为能力患者拒绝人工进食的权利,美国最高法院支持密苏里州在停止治疗前设定证据标准的权利。克鲁赞案裁决中的“清晰且有说服力”标准凸显了初级保健医生在门诊环境中积极与患者讨论预先指示的重要性。初级保健医生需要熟悉并与患者讨论诸如生前遗嘱和持久授权书等预先指示。医生还需要了解预先指示的法律要求,以及本州“清晰且有说服力”标准的影响。