Bouvia v. Superior Court (Glenchur)

Wests Calif Report. 1986 Apr 16:225:297-308.

Abstract

KIE: The California Court of Appeal ruled that a patient in a public hospital was entitled to a peremptory writ of mandamus requiring removal of a nasogastric tube which was inserted and maintained against her will and without her consent by physicians who sought to keep her alive through force feeding. The patient, Elizabeth Bouvia, is a 28-year-old quadriplegic afflicted with severe cerebral palsy. In reaching its decision, the court recognized that a patient who is mentally competent and understands the risks involved has a right to refuse treatment, and that the state's interest in preserving life does not outweigh this right.

Publication types

  • Legal Case

MeSH terms

  • California
  • Civil Rights*
  • Enteral Nutrition*
  • Euthanasia, Passive*
  • Freedom
  • Hospitals, Public
  • Humans
  • Jurisprudence*
  • Nutritional Support*
  • Personal Autonomy
  • Persons with Disabilities*
  • Privacy
  • Quality of Life*
  • Right to Die*
  • Stress, Psychological
  • Suicide
  • Treatment Refusal*
  • Value of Life
  • Withholding Treatment*