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Publicatie

Dealing with the ambiguity of end-of-life decision-making.

Boekbijdrage - Hoofdstuk

Ondertitel:Living wills and patients’ rights in Belgian end-of-life advocacy in the 1980s and 1990s
Korte inhoud:This contribution offers a historical case study of medical uncertainties related to patient rights and end-of-life decisions through Belgian advanced care directives of the 1980s. The goal of the right to die movement, which had established living will databanks, was to support the individual’s desire for their end to be hastened. As active euthanasia was punishable by law, submitters hoped that handing in the living will annually would convince medical professionals of the durable nature of their request, whereas the document itself could potentially provide statutory immunity to physicians that complied in good faith. The first proposal of law on the subject was handed in in 1984. It centred around combating the then-novel notion of therapeutic tenacity by using living wills to intitle physicians to end a treatment they deemed futile. The proposal failed, as would many of its successors. Both the concept of living wills and therapeutic tenacity are at the forefront of end-of-life debates between patients and medical professionals. For the latter, living wills could be considered a tool to reduce insecurities in various ways. Firstly, the medical professional is assured of the patients’ position. Secondly, the penal code included an option to acquit the professional based on a “force majeure”. Lastly, living wills provided an opportunity to open up a dialogue with their patient. Although some forms of advanced case directives are legal in Belgium, they hold that weight in few countries. This case provides an example that aids in making current medical students more receptive to tackle ambiguous medical situations and consult with patients on the implications of any decision
Boek: Dealing with medical uncertainty in and through the history of medicine
Series: Clio Medica Studies in the History of Medicine and Health
Volume: 108
Pagina's: 231-252
ISBN:978-90-04-72411-2
Jaar van publicatie:2025
Toegankelijkheid:Open
Reviewstatus:Peerreview