מצגת באנגלית -צוואה מחיים דין השוואתי

מוסד לימוד
מקצוע ,
מילות מפתח ,
שנת הגשה 2006
מספר מקורות 4

תקציר העבודה

מהי צוואה מחיים בע"פ The right of every individual to the possession and control of his own person, free from all restraint or interference of others. This right is sacred, and carefully guarded by the common law.  Acknowledging the right of the patient to accept medical treatment contains also the recognition in his right to refuse medical treatment.
No.2
In the past, "living will" was a declaration of intent, without specific diagnose and proper care.
Today, the "living will" is the written directive of the patient, instructing what to do with him, if he will lose his judgment capability in the time when the decision to prolong his life has to be made.
מעמד הצוואה בע"פ The lack of a legal settlement forces the terminally ill patients to ask the aid of the courts.
Those requests desire to accept the courts recognition in the right of controlling your life, an equal right to the patients who aren't terminally ill.
No. 3
The patients establish their pleads on two main arguments:
The disease companied with pain and suffering, physical and mental, thus the connections to the respiration machines causes them more suffering and agony, causing them to lose their self respect and the humanism in them. The legal argument- that they have the right to control their life, as in the "Aware of consent" doctrines בע"פ The court doesn't use as a substitute to the doctors, and cannot dictate the doctors to avoid giving medical assistance against his professional judgment and his obligation to the patient.
חולים סופניים מתחלקים לשלוש קבוצות No.4
עמדת הדת היהודית בע"פ No.5
עמדת ביהמ"ש בע"פ No.7
הצעת החוק בע"פ In
1 992 the bill of patients' rights brought up before the Knesset, a specified document in the principle/value level and in the practical level, by a worthy balance between the following values:
No.8
Shefers' case בע"פ No.9
Steinberg Committee בע"פ .     Conclusion בע"פ The decision to avoid medical treatment is a judgmental decision determined by a medical observation about the terminal of the illness.
In the cases that the terminally ill patient refuses to medical treatment, he's in fact asking the same right given to all of the patients, not to enforce medical treatment, including a treatment that can save life against his will.
From a review of the judgments I conclude that the court agrees to the plead of the terminally ill patient, when the patient understand and internalize the meaning and the result of his request.
In the case that the patient will lose his ability, the court will use the assumption that he hasn't changed his mind. In addition, according to the Arad case, there is no difference between connecting a patient to a resuscitation machine than to disconnect it from him. If the sincerity of the patient plead, to end his life, will be proven to the court, there wouldn't be any prevention to disconnect him from the resuscitation machine.
This judgment may cause a "slippery slope", because of the supporting position of the medical organization, the ministry of health and other systems:
No.13
מצגת שקופיות בת 13 שקופיות