Introduction

In the quarter century since the landmark Karen Ann Quinlan case, an ethical, legal, and societal consensus supporting patients' rights to refuse life-sustaining treatment has become a cornerstone of bioethics. Patients now legally can write advance directives to govern their treatment decisions at a time of future incapacity, yet in clinical practice their wishes often are ignored.

Examining the tension between incompetent patients' prior wishes and their current best interests as well as other challenges to advance directives, Robert S. Olick offers a comprehensive argument for favoring advance instructions during the dying process. He clarifies widespread confusion about the moral and legal weight of advance directives, and he prescribes changes in law, policy, and practice that would not only ensure that directives count in the care of the dying but also would define narrow instances when directives should not be followed. Olick also presents and develops an original theory of prospective autonomy that recasts and strengthens patient and family control.

While focusing largely on philosophical issues the book devotes substantial attention to legal and policy questions and includes case studies throughout. An important resource for medical ethicists, lawyers, physicians, nurses, health care professionals, and patients' rights advocates, it champions the practical, ethical, and humane duty of taking advance directives seriously where it matters most-at the bedside of dying patients.

About the Author

"Olick's book is a fine analysis of many important conceptual issues underlying advance directives....Helps refute the many naysayers about advance directives."―Norman L. Cantor, professor of law and Justice Nathan Jacobs Scholar, Rutgers Law School

"Professor Olick's admirable scholarship and public service uniquely inform and authenticate this distinguished and humane work. His exacting analysis reaffirms the central role of patient and family in medical decision making and contributes greatly to the contemporary, American quest to improve the care and treatment of the dying. This book is a signal and valuable contribution to understanding the history and evolution of the patients' rights movement."―Paul W. Armstrong, Judge of the Superior Court of New Jersey

Link: https://www.amazon.com/Taking-Advance-Directives-Seriously-Prospective/dp/1589010299/ (Amazon)