Legal Developments
Author: Margaret R. Moreland, J.D., M.S.L.S..
Source: Volume 08, Number 06, September/October 2007 , pp.81-83(3)
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Abstract:
Forced Feeding in Conflict With the Right to Refuse Medical Treatment? In Cruzan v. Missouri Department of Health, 497 U.S. 261 (1990), the United States Supreme Court clearly established that the Fourteenth Amendment does create a liberty interest in refusing unwanted medical treatment, including food and hydration, although earlier that same year, in Washington v. Harper, 494 U.S. 210 (1990), the Court had also held that such rights in a prison environment need to be balanced against legitimate penological interests.Keywords: malnutrition, dehydration, ex parte, Washington v. Harper, Exigent Circumstances, Evidentiary Hearing
Affiliations:
1: Pace University School of Law Library.