Pending Nominations: Hearing Before the Committee on Veterans' Affairs, United States Senate, One Hundred Ninth Congress, First Session, September 29, 2005U.S. Government Printing Office, 2006 - 85 páginas |
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activities ARLEN SPECTER Assistant Secretary audits budget burial Chairman CRAIG clear and convincing competent confirmed conflict of interest Congress decision decisionmaking Department of Veterans Director employment ensure erans families Federal law FEMA Government HENKE honor Hurricane Katrina inclusive dates incompetent patients Intergovernmental Affairs issues Jim Nicholson Kay Bailey Hutchison List Members memberships and offices Memorial Affairs ment military service Missouri Supreme Molino Nancy Cruzan Nation's veterans National Cemetery Administration natural death nominated nutrition and hydration offices held OPFER organizations persistent vegetative Planning position potential conflict Preparedness programs Public and Intergovernmental Quinlan Republican National Committee request right to die role rule Secretary for Management Secretary for Memorial Secretary for Policy Senator Akaka Senator OBAMA Specter staff supra surrogate thank tion Tune U.S. Constitution U.S. DEPARTMENT U.S. SENATOR U.S. Supreme Court VA's Veterans Affairs WRITTEN QUESTIONS SUBMITTED
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Página 8 - Do you solemnly swear or affirm that the testimony you are about to give to this subcommittee is the truth, the whole truth, and nothing but the truth, so help you God ? Mr.
Página 17 - Describe any lobbying activity during the past 10 years in which you have engaged for the purpose of directly or indirectly influencing the passage, defeat; or modification of any Federal legislation or for the purpose of affecting the administration and execution of Federal law or policy.
Página 32 - Missouri requires that evidence of the incompetent's wishes as to the withdrawal of treatment be proved by clear and convincing evidence. The question, then, is whether the United States Constitution forbids the establishment of this procedural requirement by the State. We hold that it does not.
Página 32 - Here, Missouri has in effect recognized that under certain circumstances a surrogate may act for the patient in electing to have hydration and nutrition withdrawn in such a way as to cause death, but it has established a procedural safeguard to assure that the action of the surrogate conforms as best it may to the wishes expressed by the patient while competent. Missouri requires that evidence of the incompetent's wishes...
Página 40 - Akaka, and Members of the Committee, good morning, and thank you for the opportunity to testify today.
Página 33 - ... a societal judgment about how the risk of error should be distributed between the litigants." The more stringent the burden of proof a party must bear, the more that party bears the risk of an erroneous decision. We believe that Missouri may permissibly place an increased risk of an erroneous decision on those seeking to terminate an incompetent individual's life-sustaining treatment An erroneous decision not to terminate results in a maintenance of the status quo; the possibility of subsequent...
Página 33 - In sum, we conclude that a State may apply a clear and convincing evidence standard in proceedings where a guardian seeks to discontinue nutrition and hydration of a person diagnosed to be in a persistent vegetative state.
Página 22 - I believe she has an absolute right to effectuate that decision. This state and the medical profession instead of frustrating her desire, should be attempting to relieve her suffering by permitting and in fact assisting her to die with ease and dignity. The fact that she is forced to suffer the ordeal of selfstarvation to achieve her objective is in itself inhumane.
Página 12 - Mr. Chairman and members of the committee, I would be pleased to respond to any questions you may have after the conclusion of Dr.
Página 22 - While preservation of life ... is no doubt a transcendent goal for any society which values human life, the state's interest in maintaining life must defer to the right to refuse treatment of a competent, emotionally stable, but terminally ill adult whose death is imminent and who is, therefore, the best, indeed, the only, true judge of how such life as remains to him may best be spent. (U.) dose to sanctioning even "active" forms of euthanasia and suicide — and mandating that hospitals "assist"...