Morire tentando di vivere : spunti comparatistici sulla volontà del paziente di mantenere i trattamenti di sostegno vitale a fronte del parere contrario dei medici

Abstract

The essay addresses the issue of the withdrawal of life-support treatments on a patient who has expressed the will to continue such treatments despite the contrary opinion of doctors. Law No. 219/2017 does not regulate this case, leaving the interpreter with the delicate task of determining the correct balance between the patient’s self-determination and the physician’s professional autonomy. By analysing several English judgments, the author will highlight the risks underlying adopting a general rule in such cases involving inter-twined ethical and legal issues. These risks range from always allowing the patient’s wishes to prevail over the physician’s opinion, even where individual preferences are patently at odds with good clinical practice to, on the other hand, assigning utmost relevance to the medical recommendations to such an extent that who does not adhere to them is considered incompetent.