• Medicine and law · Dec 2013

    Ethical and legal issues in cases of withdrawing treatment from an incompetent patient in Italy.

    • Denard Veshi.
    • University of Bologna. Via San Donato, 9, Bologna (BO) 40126, Italy. denard.veshi@gmail.com
    • Med Law. 2013 Dec 1;32(4):577-85.

    AbstractThe traditional approach towards end-of-life decision-making in Italy has changed. Whilst article 32 of the Italian Constitution recognizes the 'right to health' that grants patients to withhold or withdraw medical treatment, the Italian Medical Ethics Code neglects any kind of assistance during death or euthanasia. Although norms seem clear, ethicists and lawyers continue to discuss if withdrawing treatment from an incompetent patient should be classified as immoral and/or illegal. This is the result of acceptance of concepts such as patient's autonomy and the "right to die". On one hand, ethicist and lawyers, valuing the patient's autonomy, believe that letting die cannot be punished. On the other hand, however, some conservative ethicists and lawyers argue that the right to life is absolute and imperative and therefore a physician must do everything possible to protect one's life.

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