| Statutory Citations |
Michigan |
Michigan Power of Attorney for Health Care Act [1990, 2000, 2001], Mich. Comp. Laws Ann., §§700.496.
Michigan Dignified Death Act [1997, 2002], Mich. Comp. Laws Ann., §§ 333.5651-5661. (S.781 & H.5258 - Effective 1.8.02.)
Documents
Free advance directive documents and instructions from Partnership for Caring.
| Case |
In re Martin, 450 Mich. 204, 538 N.W.2d 399 (1995) |
| Court |
Michigan supreme Court |
| Year |
1995 |
| Patient (age) |
Michael Martin (41) |
| Nutrition + hydration |
Gastrostomy |
| Mental capacity |
Conscious but severely impaired; unable to communicate; no hope of improvement |
| Decision maker(s) |
Wife |
| Setting |
Michigan nursing home |
| Patient's Wishes |
Martin's wife testified as to her husband's previously expressed desire not to be kept alive if in a condition such as the one he was in. |
| Court's Decision |
The court indicated that forgoing life sustaining treatment -- including artificially provided nutrition and hydration -- from a patient in Michael Martin's condition would be acceptable if a "clear and convincing evidence" standard of evidence of a patient's previously expressed wishes was met. The court ruled, however, that Martin's wife did not meet the clear and convincing standard, and refused to authorize removal of the feeding tube. The court ruled narrowly on this case, and indicated a looser standard of evidence might be acceptable and appropriate for "patients who have never been competent, patients in a persistent vegetative state, patients experiencing great pain, or patients who are terminally ill."
|
| Outcome |
Michael Martin's artificial feeding continues. |
| Citation |
Partnership for Caring, Inc. (2001), Fact Sheet, In re Martin. |
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