SANCTITY OF LIFE

Incompetent patients do not have the right to withdraw medical

treatment

Homicide of the consenting person (art.579 PC)

(Exculpation act)

Necessity to save patient’s life (art. 54 PC)

New interpretation of article 32 of the Italian Constitution which recognizes the “right to health” and therefore grants patients the

right to consent or withhold or withdraw from medical treatments.

CONCLUSIONS

RESULTS

Joint International Doctoral (Ph.D) degree in Law, Science and Technology

Denard Veshi Doctoral candidate of Joint International Doctorate in Law, Science and Technology Contact details: e-mail.: denard.veshi@studio.unibo.it Phone: +34 657 669 679.

Living wills and withdrawing treatment from an incompetent patient: ethical and legal issues in Italy

INTRODUCTION

End-of-Life Decision Making: withholding treatment, withdrawing treatment from a competent patient, withdrawing treatment from an incompetent patient, PAS, Euthanasia

PROBLEM STATEMENT

AIM OF THE RESEARCH

Artificial nutrition and hydration: basic care or medical treatment? The role of advance directives: blinding legal force or simple statements? Legal consequences for physicians in case of withdrawing treatment from a incompetent patient: consensual homicide or fulfilment of the patient’s autonomy?

Recognization of the blinding legal force of advance

directives: a tentative model for living wills in Italy

RESEARCH METHODS ETHICS: Sanctity of life versus Autonomy LAW: Interpretation of constitutional principles Case study Analogy Comparison with other legislations SOCIO - CULTURAL ASPECTS: Questionnaires to patients and their families CLINICAL ASPECT: Questionnaires to physicians

www.last-jd.eu

AUTONOMY

Incompetent patients have the right to withdraw medical treatment

Kidnapping or duress

(Artt. 605, 610 and 613 PC)

(Exculpation act) Fulfilment of duty (art.51PC)