| Statutory Citations |
California |
California Health Care Decisions Law [2000, 2002], Cal. Prob. Code §§ 4600-4805. (Effective July 1, 2000.)
Documents
Free advance directive documents and instructions from Partnership for Caring.
| Case |
Bouvia v. Superior Court (Glenchur), 179 Cal. App. 3d 1127, 225 Cal. Rptr. 297 (Ct. App. 1986), review denied (Cal. June 5, 1986). |
| Court |
California Court of Appeal, 2d District |
| Year |
1986 |
| Patient (age) |
Elizabeth Bouvia (26) |
| Nutrition + hydration |
Nasogastric tube |
| Mental capacity |
capacity |
| Decision maker(s) |
Patient |
| Setting |
High Desert Hospital (public), Los Angeles County, CA |
| Patient's Wishes |
Although she was completely competent, mentally, Bouvia suffered from severe cerebral palsy. Quadriplegic and almost completely immobile since birth, she also suffered pain from degenerative arthritis. When she could not longer be spoon fed without nausea and vomiting, the hospital inserted a nasogastric tube against her will, and contrary to her explicit instructions. |
| Court's Decision |
The court found that the "right to refuse medical treatment is basic and fundamental," and is "recognized as a part of the right to privacy protected by boththe state and federal constitutions. . . . its exercise requires no one's approval. . . . " even if the patient is neither terminally ill or imminently dying. (It was estimated that Bouvia could be sustained by feeding tube for up to twenty years).
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| Outcome |
The Nasogastric tube was removed. Meanwhile, Bouvia was offered and accepted alternative care and therapy and remains alive today. |
| Citation |
Partnership for Caring, Inc. (2001), Fact Sheet, Bouvia v. Superior Court (Glenchur). |
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| Case |
In re Conservatorship of Drabick, 200 Cal. App. 3d 185, 245 Cal. Rptr. 840 (Cal. Ct. App. 1988), rehearing denied (May 12, 1988), review denied (July 28, 1988), cert. denied sub nom. Drabick v. Drabick, 488 U.S. 958 (1988), rehearing denied, 488 U.S. 1024 (1989). |
| Court |
California Court of Appeal, 6th District |
| Year |
1989 |
| Patient (age) |
William Drabick (44) |
| Nutrition + hydration |
Nasogastric tube |
| Mental capacity |
Permanently unconscious (since an auto accident at age 39) |
| Decision maker(s) |
David Drabick (brother) |
| Setting |
California nursing home |
| Patient's Wishes |
David Drabick argued that his brother would not want to be kept alive in his current state. He was supported by three other brothers and Jeanine Gonzalez, William Drabick 's companion of 12 years, who testified that she and Drabick had conversations to this effect before his accident. |
| Court's Decision |
The court sided with the brothers and Gonzalez, arguing that while "William's coma precludes his participation, it is still possible for others to make a decision that reflects his interests more closely than would purely technological decision to do whatever is possible. Lacking the ability to decide, he has a right to a decision that takes his interests into account." |
| Outcome |
The California Supreme Court and U.S. Supreme Court both declined to hear an appeal of the 6th District's decision. Tube feeding was ended and Drabick died several days later. The official cause of death was listed as pneumonia. |
| Citation |
Partnership for Caring, Inc. (2001), Fact Sheet, In re Conservatorship of Drabick. |
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| Case |
Thor v. Superior Court, 5 Cal. 4th 725, 21 Cal. Rptr. 2d 357, 855 P.2d 375 (1993). |
| Court |
California Supreme Court |
| Year |
1993 |
| Patient (age) |
Howard Andrews |
| Nutrition + hydration |
Gastrostomy |
| Mental capacity |
Completely competent |
| Decision maker(s) |
Patient |
| Setting |
Vacaville State Prison |
| Patient's Wishes |
Andrews, a prisoner in the Vacaville State Prison, began refusing medication and food about five months after a prison incident that fractured his neck, rendering him a quadriplegic. |
| Court's Decision |
The court rejected a request filed by Dr. Daniel Thor, prison physician who wanted approval to implant a gastrostomy tube in Andrews's stomach so that he could be fed against his will. The court ruled that "a competent, informed adult has a fundamental right of self-determination to refuse or demand the withdrawal of medical treatment of any form irrespective of the personal consequences."
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| Outcome |
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| Citation |
Partnership for Caring, Inc. (2001), Fact Sheet, Thor v. Superior Court. |
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| Case |
Conservatorship of Robert Wendland, No. S087265 (Cal. Aug. 9, 2001). |
| Court |
California Supreme Court |
| Year |
2001 |
| Patient (age) |
Robert Wendland |
| Nutrition + hydration |
Gastrostomy |
| Mental capacity |
Severely brain damaged, minimally alert |
| Decision maker(s) |
Rose Wendland (wife) |
| Setting |
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| Patient's Wishes |
Rose Wendland claimed that continued feeding would not be something her husband would chose for himself, nor would it be in his best interests. |
| Court's Decision |
Although competent adults (e.g., Bouvia and Andrews) and permanently unconscious adults (e.g., Drabick) have the right to refuse medical treatment (even if such refusal would cause death), life-sustaining treatment may not be withdrawn from patients who are not (1) terminally ill, (2) comatose, or (3) in a persistent vegetative state unless the "clear and convincing evidence" standard can be met. One way (but perhaps not the only way) to meet this standard would be for the patient to have either (1) left formal instructions about medical treatment preferences,or (2) appointed a health care agent or surrogate. The court ruled that Rose Wendland had not met the clear and convincing evidence standard and denied her request that tube feeding be withdrawn from her husband.
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| Outcome |
Robert Wendland died of pneumonia in 2001, while his case was on appeal. |
| Citation |
Partnership for Caring, Inc. (2001), Fact Sheet, In the Matter of Wendland, and Conservatorship of Robert Wendland. |
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