Rifiuto delle cure e diritto di morire
Pubblicato: febbraio 28, 2007
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All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.
Autori
Docente di Diritto, Scuola di specializzazione in Medicina Legale e delle Assicurazioni, Facoltà
di Medicina e Chirurgia "A. Gemelli", Università Cattolica del Sacro Cuore, Roma, Italy.
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The writing intends to underline the difficult problematic nature, under the legal point of view, of life support care refusal matter by the patient and of the relief that such a will (provided that be free and conscious) has for the physician. In such perspective, it gives an account of how, in the matter, interfere (and enter contrast) two fundamental interests, both protected by the order, i.e. that of person's moral freedom and that of life and it explains as such conflictual situation concerns really (also) about the recent judicial provision on the "Welby" case. The court of Rome, in fact, later have widely highlighted the univocal protection ensured by the legal system to the patient self-determination freedom, has to take into account the indisputable and absolute tutelage assured to the good life, basically identifying the fulfilment to the recognition of bond, for the physician, of a will of cessation of the cares suitable to the maintenance in life, expressed by the patient. One observes as, in the first (real) close examination of the problem (of the limits of importance of the will of the patient compared to the guarantee position of the doctor) by a national judge, is shared - against to the opinions ruling in the doctrinal debate, the position according to which the unavailability of the fundamental life good places, also according to the current normative state, as limit to the recognition - of the refusal aware of sustaining-life treatments - as subjective juridical situation protected, always and anyway, by the order.
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