ELIZABETH BOUVIA, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HARRY GLENCHUR et al., Real Parties in Interest, 179 Cal. App. 3d 1127

Summary

Petitioner was a young woman severely crippled by the effects of cerebral palsy, which rendered her bedridden, in constant pain, and unable to care for herself in any capacity. She was mentally competent and expressed her desire to die. Real parties in interest, the hospital medical staff, inserted a feeding tube in petitioner against her will because her weight loss from starvation reached a life threatening level. Petitioner sought removal of the tube claiming it was unnecessary. The trial court denied her injunctive and declaratory relief. Petitioner appealed that decision. The court found that in addition to all the other supporting cases and legislative pronouncements, that both the state and federal constitutions vested a fundamental right in patients to refuse such treatment. The real parties in interest contended that the interest of the state should prevail over that of petitioner's rights. The court rejected that argument because petitioner's quality of life should have been ...