Cruzan v. Director, Missouri Department of Health
Encyclopedia
Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 case argued on December 6, 1989 and decided on June 25, 1990. In a 5-4 decision, the Court affirmed the ruling of the Supreme Court of Missouri
Supreme Court of Missouri
The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820, and is located in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to give the Supreme Court exclusive jurisdiction- the sole legal power to hear -...

 below and ruled in favor of the State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 of Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...

, finding it was acceptable to require "clear and convincing evidence" for removal of life support
Life support
Life support, in medicine is a broad term that applies to any therapy used to sustain a patient's life while they are critically ill or injured. There are many therapies and techniques that may be used by clinicians to achieve the goal of sustaining life...

.

Background

On January 11, 1983, Nancy Cruzan
Nancy Cruzan
Nancy Beth Cruzan was a figure in the right-to-die movement. After an automobile accident left her in a persistent vegetative state, her family petitioned in courts for three years, as far as the U.S. Supreme Court , to have her feeding tube removed...

 lost control of her old car
Čar
Čar is a village in the municipality of Bujanovac, Serbia. According to the 2002 census, the town has a population of 296 people.-References:...

 that had no seat belt
Seat belt
A seat belt or seatbelt, sometimes called a safety belt, is a safety harness designed to secure the occupant of a vehicle against harmful movement that may result from a collision or a sudden stop...

s, was thrown from it and landed face down in a water-filled ditch. Paramedics found her with no vital signs
Vital signs
Vital signs are measures of various physiological statistics, often taken by health professionals, in order to assess the most basic body functions. Vital signs are an essential part of a case presentation. The act of taking vital signs normally entails recording body temperature, pulse rate ,...

, but they resuscitated her. After a couple weeks of remaining dormant within a coma
Coma
In medicine, a coma is a state of unconsciousness, lasting more than 6 hours in which a person cannot be awakened, fails to respond normally to painful stimuli, light or sound, lacks a normal sleep-wake cycle and does not initiate voluntary actions. A person in a state of coma is described as...

, she was diagnosed as being in a persistent vegetative state
Persistent vegetative state
A persistent vegetative state is a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. It is a diagnosis of some uncertainty in that it deals with a syndrome. After four weeks in a vegetative state , the patient is...

 (PVS). Surgeons inserted a feeding tube for her long-term care. Her husband and parents waited for a more substantial recovery, but eventually, after four years, accepted that there was no hope. The accident occurred seven years before they went to the Supreme Court.

Issues presented

The issue of this case was whether the State of Missouri had the right to require "clear and convincing evidence" in order for the Cruzans to remove their daughter
Daughter
A daughter is a female offspring; a girl, woman, or female animal in relation to her parents. The male equivalent is a son. Analogously the name is used on several areas to show relations between groups or elements.-Etymology:...

 from life support.

Decision

In a 5-4 decision, the Court found in favor of the Missouri Dept. of Health. However, it upheld the legal standard that competent persons are able to exercise the right to refuse medical treatment under the Due Process Clause. Because there was no "clear and convincing evidence" of what Nancy Cruzan wanted, the Court upheld the state's policy.

Following the decision

After the case was decided the family
Family
In human context, a family is a group of people affiliated by consanguinity, affinity, or co-residence. In most societies it is the principal institution for the socialization of children...

 went back and found more proof that Nancy Cruzan would have wanted her life support terminated and eventually won a court order to have her removed from life support. Cruzan died 11 days later on December 26, 1990.

See also


External links

  • http://oyez.org/cases/1980-1989/1989/1989_88_1503 Cruzan v. Director, Missouri Dept. of Health], 497 U.S. 261 (1990) from The Oyez Project
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