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Health Care Case Summary

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case Facts Michael Martin sustained debilitating injuries as a result of an auto accident (Pozgar, 2013). He suffered severe subcortical brain damage that impaired physical and cognitive function (Pozgar, 2013). He was paralyzed on his left side, not able to speak, eat, or maintain control of bladder or bowel function (Pozgar, 2013). He was aware of his surroundings, and communicating very minimally with head nods (Pozgar, 2013). His wife and legal guardian wanted to have his food and fluids withdrawn , indicating years before the accident Michael had made statements indicating he would never want to maintained as a vegetable (Partnership for Caring, 2001). Summary of Case This case talks about the right a the spouse in end of life decision making. Michael Martin’s wife presented evidence that her husband previously expressed desire not to be kept alive in such a condition such as the one he was in (Pozgar, 2013). Michael's mother and sister petitioned the court otherwise, wanting to remove Martin’s wife as guardian. Utilizing specific circumstances set forth from the matter of Claire Conroy, supreme court case of 1985, there are three circumstances …show more content…

Spouses, in particular should be very clear about their ability to make health care decisions about their partners, spouses assume if their husband or wife become incapacitate and are unable to make decisions, they have the automatic right to step in. When incapacitated, a patient's inability to understand consequences may or may not be temporary. Under these circumstances a patient's spouse is not statutorily authorized to be first in line to make decisions (Vergari, 2007). Probate code only places a spouse in the category of a family member (Vergari, 2007). Established case law states that marital status alone does not create authorization, in essence all family members have equal right (Vergari,

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