2023-11-02 18:37:55
He Córdoba Court of Justice (TSJ) resolved decline the appeal filed by the Municipality of Córdoba. The medical team of Emergency HospitalImmediately, must remove life support measures from JSas their relatives had requested.
According to the members, when certain clinical circumstances occur (terminal or irreversible state), “whether the patient has taken precautions and has issued a DVA [declaración de voluntad anticipada]whether their legal representatives have reconstructed their will (hypothesis of consent by representation), The directives are an order addressed to the doctor”, which must be followed and not prosecuted.
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The magistrates insisted that, if the affected person (by himself or through his representatives) “states that he does not want to be subjected to certain procedures or practices that would only artificially prolong his life, such instruction must be followed.”. “Therefore, professionals must withdraw life support (artificial nutrition or hydration) and adapt (reduce) the therapeutic effort. From this it is inferred that doctors cannot reactivate efforts either if there was no authorization in that sense from the affected person himself,” they stressed.
The TSJ also urged the Provincial Ministry of Health to implement a Training program “in order to guarantee full respect for the autonomy and dignity” of patients that, within the framework of current legislation, “reject certain procedures considering that they only prolong their life artificially”.
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Furthermore, “the concept of dignity is nuclear since each person, irreducibly, has the right to configure how they want to live – and with what meaning -, including their last days or hours. And this may imply the decision to minimize the physical pain or emotional suffering that certain medical practices or treatments might entail,” the TSJ noted.
In this sense, he urged that these very personal determinations are respectedeven “when I didn’t share them,” because make the possibility of having a dignified death; that is, without “humiliation, mortification or indignities.”
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