holding “that no legal proceedings are necessary in the great majority of cases involving the termination of life sustaining treatment to persons in [the instant patient’s] condition,” namely, a persistent vegetative state
How later courts described this case
- holding “that no legal proceedings are necessary in the great majority of cases involving the termination of life sustaining treatment to persons in [the instant patient’s] condition,” namely, a persistent vegetative state
- “eight of the nine justices [in Cruzan] found a federal due process liberty interest in refusing unwanted medical treatment”
- "[T]here is no need for a court to intervene in this decisionmaking process unless there is disagreement between the interested parties, who are usually identified as the medical professionals involved in treating and evaluating the patient and the patient's family or guardian."
Written by the judges who cited it.
The opinion
CAVANAUGH, Judge,
dissenting.
The tragic plight of Daniel Joseph Fiori and his mother, Rosemarie Sherman, presents issues which challenge the competence of the judicial process. We are confounded because the issue presented is one where law, metaphysics and theology intersect, thus, overtaxing our poor powers to provide a proper solution.
While I esteem the sensitive and reasoned dispositions espoused by my learned colleagues, I find myself in agreement with the position of the Attorney General of Pennsylvania and would adopt a position which coincides with his.
Which is to say that I would find that the court erred in failing to appoint a guardian ad litem for Mr. Fiori, who, after all, has his continued human existence as the subject matter of *673 this litigation. I would hold that this was basic and fundamental error which transcends the strictures of Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255 , 322 A.2d 114 (1974). I would further hold that life sustaining medical care and treatment should not be withdrawn absent clear and convincing evidence of Mr. Fiori’s intent to terminate life-sustaining procedures. I would reverse and remand for proceedings consistent with these requirements.