The California Natural Death Act
The California Natural Death Act allows patients to instruct doctors and other medical care providers to withhold or stop any measures undertaken to preserve life--if predetermined criteria are met.
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Eligibility
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Any adult aged 18 years or older may decide to sign a Natural Death Act Declaration, provided the patient is competent to make the determination. Two witnesses to the declaration must also sign it. If the patient is physically incapable of signing the declaration, someone may do so on her behalf.
Features
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Before a California Natural Death Act Declaration goes into effect, the state requires three conditions first be met. The patient must inform the doctor in charge of care that a declaration has been signed. The patient must have proof, in writing, by the primary care physician as well as a second doctor, that he is terminally ill or unconscious without hope of ever gaining consciousness. The patient must also be incapable of making further decisions regarding treatments that could preserve life.
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Exceptions
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A California Death Act Declaration may not go into effect during pregnancy if the primary physician is aware the patient is pregnant. A patient in California may not be denied medical care or insurance because she has or has not signed a Natural Death Act Declaration.
Benefits
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The California Natural Death Act Declaration must always be kept as part of the patient's medical record so that all medical staff are aware. Although the patient has made the decision not to have life-saving procedures performed, medical staff must provide palliative care and pain relief.
Expert Insight
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Any health care provider reluctant to comply with a Natural Death Act Declaration must communicate that with the patient as soon as possible. When that happens, it is the responsibility of the doctor to find a physician willing to respect the declaration and turn care of the patient over to that physician.
Legal Action
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A patient signing the California Natural Death Act Declaration provides medical personnel with immunity from court proceedings or disciplinary actions within their profession, provided they act in good faith and adhere to accepted medical standards. Medical practitioners are also not liable for a death that occurs because the patient revoked the declaration without the knowledge of the physician.
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References
Resources
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