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| Physician Law Review |
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| Advance Directives |
| 2. |
Courts Uphold Properly Executed Advance Directive |
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Courts generally uphold the validity of a
properly executed advance directive. In Rettinger
v. Little John, (No. 9CVD455, Forsythe, North
Carolina General Court of Justice, September 2,
1991), the court held that the patient had validly
executed a court declaration of desire for a
"natural death" under a North Carolina statute,
and the court ordered a nursing home to honor any
requests by patient's wife to withdraw a
nasogastric tube. The court added that the nursing
home, its' officials, and Mr. Rettinger's
physician would be absolved from criminal or civil
liability for complying with the spouses
request.
Similarly, in Re: Ray, (No. 9-2202ca A, Circuit
Court of Oskaloosa, Florida, July 29, 1991), the
court concluded that a living will was valid and
thus ordered the cessation of all life supports,
including the removal of feeding tubes within
twenty-four hours.
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