Le refus de soins anticipé : une décision impossible ?

Abstract : Context: The current debates concerning the end of life deal with legal, judicial and social issues. What is clear is they all highlight some serious social, ethical and political concerns in France and in the world. The case « Vincent Lambert » shows exactly the difficulties of medical situations between the life and the death of patients, which puts in evidence the limits of the legal framework. Indeed, several judicial reversals happened in this case and illustrate well how difficult it is to make a right medical decision when the patient, their relatives and medical staff have conflicting views. Objective: The objective of our research was to identify which are the difficulties when medical staff has to make a decision applying an anticipated refusal of treatment. As a consequence, the challenge was to answer the following question: is an anticipated refusal of treatment an impossible decision? Methods: Our work was divided into three parts. The first part aimed at asking patients’ opinions as well as assessing their knowledge of the different ways to express their will in advance. Then, the second part had to determine which criteria ensure a good application of advance directives. This study was based on an analysis of the scientific literature and a work in Comparative Law. In the end, the third part presents both practical and judicial problems regarding the application of a decision whose the goal is to withhold and withdraw a life-sustaining treatment Conclusion: This research has raised several issues and it draws our attention on the need to devise effective ways to give an anticipated consent about the end of life. If people want to write advance directives, they should have the possibility to do so and make sure their right to refuse a treatment is respected. In addition, even though someone is unable to give their consent because of their condition or disease, they should be able to use the same right to refuse a treatment and should be sure their decision is respected.
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Theses
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http://docnum.univ-lorraine.fr/prive/DDOC_T_2015_0280_GUYON.pdf
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https://hal.univ-lorraine.fr/tel-01754574
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Submitted on : Friday, March 30, 2018 - 9:53:39 AM
Last modification on : Saturday, March 31, 2018 - 1:24:36 AM

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Gaëlle Guyon. Le refus de soins anticipé : une décision impossible ?. Médecine humaine et pathologie. Université de Lorraine, 2015. Français. ⟨NNT : 2015LORR0280⟩. ⟨tel-01754574⟩

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