Lecture Notes
(from Instructor's Manual by Ronald J. Schwartz, J.D., L.L.M. for textbook
Law and Aging - Essentials of Elder Law - 1st Edition - Pearson Publications)

The Patient's Rights in Healthcare Decision Making

Topical Outline
a. Three Typical Case Scenarios
b. Core Issues
   (1) An individual's liberty rights pursuant to the 14th Amendment to the U.S. Constitution
   (2) The state's paramount interest to prevent suicide and keep patients alive under any condition
   (3) The medical profession's dedication to sustaining life
c. Landmark Cases
d.. Physician-assisted suicide
e. Position of the U.S. Supreme Court on a patient's right to die, as of June, 1997

Learning Objectives
a. to learn about the U.S. Constitution's 14th amendment protection of an individual's liberty rights, in connection with patient self-determination
b. to read and interpret the major landmark cases in the area, such as, In re: Quinlan, 1976, O'Connor v. Westchester County Hospital, 1988 and Cruzan v. Director Missouri Department of Health, 1991.
c. to understand the current theories on physician-assisted suicide in the United States, including those of Jack Kevorkian, M.D.

Job Competencies
a. to draft healthcare advance decision making instruments
b. to be able to assist the client in executing healthcare decision making documents
c. to understand how to help a client in the event that no advance directives have been executed
d. to develop relationships with healthcare professionals, such as nurses, psychiatrists, gerontologists and social workers

Key Concepts
Many clients are confronted with problems for which there are no simple solutions. These problems call for crisis intervention or deal with issues of declining quality of life due to degenerative and catastrophic illnesses or imminent mortality. Professionals in this area must have the ability to deal with life-and-death situations on a daily basis. They must learn how to be compassionate, while remaining objective in order to best serve their clients. The major focus of the elder care law practice is to represent clients and their families in planning for and during the end of life. The legal professional must be willing to deal with these problems daily.