Cruzan v. Director, Missouri Dept. of Health
497 U.S. 261 (1989)
Cruzan was involved in a car
crash and ended up in a 'persistent vegetative state'. Her parents asked
the hospital to withdraw the feeding tube to let her die.
Cruzan was breathing on her
own, but had no cognitive functions.
The hospital told the
parents to get a court order.
Cruzan's parents went to court
and asked for an order to remove the feeding tube.
Cruzan's parents argued that
Cruzan had stated to her roommate that she didn't want to be kept alive
artificially.
The Trial Court granted the
order to remove the feeding tube. Missouri appealed.
The Trial Court found that a
person in Cruzan's condition had a fundamental right to refuse or
withdraw "death prolonging procedures."
The Missouri Supreme Court
reversed. Cruzan's parents appealed.
The Missouri Supreme Court
found that Cruzan's out-of-court statements regarding her wishes were
unreliable (aka hearsay) and
insufficient to support her parents' claim to exercise judgment on her
behalf.
The Court found that there
must be clear and convincing evidence of a person's wishes before treatment
can be withdrawn.
The US Supreme Court affirmed.
The US Supreme Court found
that a competent person has a constitutionally protected right to refuse
lifesaving treatment.
However, the Court found
that an incompetent person cannot make an informed and voluntary choice,
and requires a surrogate to make that choice for them.
The Court found that
Missouri's procedural requirement that there is clear and convincing
evidence of the incompetent person's wishes was not a violation of the
person's constitutional rights.