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Landmark Case

Case Name: Nancy Beth CRUZAN
v. DIR, MISSOURI DEPT OF HEALTH

Date, Location, Cite: 1990 MO
760 S.W.2d 408 (Mo '88) afmd. 110 S.Ct.. 2841
US SUPREME COURT

    State Courts usually decide Right to Die; (see QUINLAN,'76) Most have felt that competent patients have right to refuse treatment and that a surrogate can decide. MO Supreme Court said there was no Clear & Convincing (~75%) evidence of this particular patient's wishes, so refused her parent's request made for her.

      Supreme Court said RIGHT TO DIE includes even feeding, but MO law was NOT unconstitutional just because it was tight on 14th right to not be deprived of life without due process.    

        US Does NOT REQUIRE Clear & Convincing (~75%); Just Says States CAN Make That Rule.(5-4 decision)
    Conclusion: MAKE A LIVING WILL!