Topic > Procedure in the Case of Mrs. Bouvia - 1448

Bouvia was in a competent state of mind when she made her decision and was not comatose or terminally ill. Regardless, the Los Angeles Superior Court held that refusal of treatment was limited only to terminally ill patients. However, under the Natural Death Act passed by the California legislature in 1976, which specifies: Procedures that a terminally ill patient can follow to ensure that his or her right to refuse medical treatment is respected. The Bouvia court said that although the law was aimed at terminally ill patients, it expresses state policy that competent adults have the fundamental right to make decisions about their own medical care. (Fisher, 1987) Therefore, the court decided that there was no reason to limit this right only to terminally ill patients. The appeals court ruled in favor of the plaintiff, upholding his claim to uphold the right to refuse treatment, informed consent, the right to privacy, and not just terminally ill patients. These are valid and legal human rights, which were uniquely his and neither the medical profession nor the judiciary have any veto power. The district court failed to recognize and protect his exercise of this