KMID : 1025620090120010043
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Korean Journal of Medical Ethics 2009 Volume.12 No. 1 p.43 ~ p.60
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Reflections on the Ethics of Withdrawing Life-prolonging Medical Treatment: The Decision of the Seoul Western District Court
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Lee Dong-Ik
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Abstract
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This article examines the ethical issues involved in a recent decision of the Seoul Western District Court stating that a hospital in Seoul has an obligation to comply with a request made by the family of a 76-year-old female patient to remove the patient from the respirator on which she is dependent. This article defends the following claims concerning this court decision: 1) that removing the respirator from this patient is not a form of euthanasia; 2) that the removal of the respirator does not infringe the patient¡¯s right to treatment; 3) that the free will of the patient may have been respected, even though there was no written consent; and 4) that the court¡¯s decision does not acknowledge the right to death of the patient. The article also examines the concept of death with dignity, since the removal of a respirator that meaninglessly prolongs a patient¡¯s life has implications for a dignified death. When treatment merely delays the time of death, it is more of a source of pain for the patient than it is a form of medical treatment. Hence it is inhumane. However, even in these cases ¡°ordinary treatment¡± should not be neglected.
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KEYWORD
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Life-prolonging treatment, Presumed consent, Vegetative state, Artificial respirator, Advance medical
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