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Life, Death, and Incompetent Patients: Conceptual Infirmities and Hidden Values in the Law

Abstract

The legal principles used to determine if incompetent parties should continue to receive life-sustaining treatment have not kept pace with medical technology. Because incompetent patients have interests which differ from competent patients, the most widely used methods to evaluate continued treatment actually reflect values and interests not directly relevant to the incompetent patient. This Article examines the use of these methods and proposes some alternatives which better reflect the interests truly at stake in contemporary treatment of incompetent patients.

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28 Ariz. L. Rev. 373 (1986)

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