| Statutory Citations | Pennsylvania |
Pennsylvania Durable Powers of Attorney Act [1982, 1999], Pa. Stat. Ann. tit. 20, §§5601 to 5607, as interpreted by Pocono Medical Center v. Harley, No. 3467 (Pa. Ct. Com. Pl. Monroe Co. Dec. 14, 1990)
Documents
Free advance directive documents and instructions from Partnership for Caring.
| Court Cases |
Pennsylvania |
| Case | In re Fiori, 673 A.2d 905 (Pa. 1996). |
| Court | Supreme Court of Pennsylvania |
| Year | 1989 |
| Patient (age) | Daniel "Joey" Fiori (46) |
| Nutrition + hydration | Gastrostomy |
| Mental capacity | Persistent Vegetative State (PVS) |
| Decision maker(s) | Rosemary Sherman (mother) |
| Setting | A suburban Philadelphia nursing home |
| Patient's Wishes | Fiori's mother testfied that "My Joey's between two worlds. . . I want my son to die with dignity. . . If he could speak, there is no way he would want to live this way" (Hoefler: 10). |
| Court's Decision |
The court argued that a patient's right to be free from unwanted medical treatment is supported by common law, and that family members may give voice to this right using the substituted judgment standard when a patient is incompetent to make a decision from him- or herself. Regarding the state's interest in preserving life and preventing suicide, the court noted that a "PVS patient's right to self-determination outweighs any interests the state may have in maintaining life-sustaining treatments." The court's decision was narrowly drawn, however. It indicated that the ruling only covered once competent patients who were now in a Persistent Vegetative State, noting that the court would rule on other variations of end-of-life decision making as they came before it. |
| Outcome | Fiori died of pneumonia with his gastrostomy tube in place before the final ruling of the court was issued. |
| Citation | Partnership for Caring, Inc. (2001), Fact Sheet, In re Fiori.
Managing Death, James M. Hoefler, PhD [1997]
|
 |
 |
