Legal and Ethical Issues in Healthcare: Landmark Cases and Debates

This essay delves into critical legal and ethical issues within healthcare, focusing on landmark cases that highlight complex moral and legal dilemmas. The analysis begins with the case of Marlise Muñoz, a pregnant woman declared brain-dead, sparking controversy over the application of Texas law and the ethical considerations of extending somatic life. The essay then examines the Terri Schiavo case, a pivotal legal battle concerning the right to die and the challenges of persistent vegetative state diagnoses. Furthermore, the paper explores the controversial figure of Jack Kevorkian and the ongoing debate surrounding physician-assisted suicide, referencing the Oregon Death with Dignity Act and other state laws. The essay emphasizes the ethical considerations of patient autonomy, end-of-life care, and the role of legal frameworks in navigating these sensitive issues. The paper incorporates references to support the arguments made and provides a comprehensive overview of the key ethical and legal challenges in modern healthcare.

Running head: LEGAL AND ETHICAL ISSUES IN HEALTHCARE
LEGAL AND ETHICAL ISSUES IN HEALTHCARE
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1LEGAL AND ETHICAL ISSUES IN HEALTHCARE
1. The case of Marlise Nicole Muñoz was on medical ethics controversy in from November
2013 to January 2014. The patient was suspected with pulmonary embolism and was
stated brain death. Since, she was pregnant, doctors kept her in ventilation in the
intensive care unit regardless of her brain death. Her husband started a legal battle in
order o remove her organ support. However, a Texas law restricted the implementation of
advance directives in the pregnant women. Moreover, Muñoz's husband was not ready to
accept the fact and argued that the law will not be applicable in this case since his wife
was legally dead. The hospital was therefore ordered by a judge to remove the organ
support of the patient.
There are several views and opinions on ethical decisions to extend the somatic
life of a pregnant woman who was dead, often influenced by the gestation of the fetus
when a female suffered injury. Benefits for both the fetus and the mother and their right
to life direct many ethical arguments. It can be considered ethical if extending the
mother's life is possible to have a positive outcome for the foetus (Said et al., 2013).
2. The Terri Schiavo case was a legal right to die case in the United States between 1990
and 2005 that involved a woman who was on an irreversible persistent vegetative state.
Her legal guardians and also her husband argued that she do not want prolonged artificial
of life support without the chance of recovery and voted to remove the feeding tube.
However, her parents argued and challenged her medical condition in favor of giving her
a continuous artificial nutrition and hydration.
The conflict raised from this tragic incident gives a valuable lesson in medicine,
law and ethics. Despite the public interest and media saturation, there was a widespread
confusion regarding persistent vegetative state diagnosis the judicial process that was

2LEGAL AND ETHICAL ISSUES IN HEALTHCARE
involved and also the appropriateness of the ethical framework (Perry, Churchill &
Kirshner, 2005).
3. Jack Kevorkian was a pathologist and proponent of euthanasia. He is best known for
publicly advocating the right of a terminal patient to die from a clinical suicide, embodied
in his quote "Dying is not a crime". Physician supported suicide is authorized in nine US
states and the Columbia District. The District of Columbia has become the latest bill in
the United States to permit terminally ill patients to end their lives by assisted suicide.
Patients should be deemed capable of taking the decision and have to request the service
voluntarily. Other States that have already adopted laws of the Right to Die (Oregon,
California, Vermont, Washington and Montana in addition to Colorado and the District of
Columbia). On 27 October 1997, nearly two decades ago, the Oregon Death with Dignity
Act came into force (Collier, 2017).

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References:
Collier, R. (2017). Assisted death gaining acceptance in US. CMAJ: Canadian Medical
Association Journal, 189(3), E123.
Perry, J. E., Churchill, L. R., & Kirshner, H. S. (2005). The Terri Schiavo case: legal, ethical,
and medical perspectives. Annals of Internal Medicine, 143(10), 744.
Said, A., Al Jundi Amer, U. R. M., Dirar, A., & Faris, C. (2013). A brain-dead pregnant woman
with prolonged somatic support and successful neonatal outcome: A grand rounds case
with a detailed review of literature and ethical considerations. International journal of
critical illness and injury science, 3(3), 220.