Legal Opinion
State v. Herbert
Supreme Court of Florida
Decided September 13, 1990No. 74174PublishedCited by 1 opinion
1Opinion of the Court
BARKETT, Justice.
We have for review In re Guardianship of Browning, 543 So.2d 258 (Fla. 2d DCA 1989), in which the district court certified the following question as one of great public importance:
Whether the guardian of a patient who is incompetent but not in a permanent *8vegetative state and who suffers from an incurable, but not terminal condition, may exercise the patient’s right of self-determination to forego sustenance provided artificially by a nasogastric tube?
Id. at 274.1 We answer the question in the affirmative as qualified in this opinion.
I. THE FACTS
On November 19, 1985, a…
2Cases cited32 opinions
- Cruzan Ex Rel. Cruzan v. Director, Missouri Department of HealthSupreme Court of the United States · 1990
- Holly v. AuldSupreme Court of Florida · 1984
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- In Re QuinlanSupreme Court of New Jersey · 1976
- Superintendent of Belchertown State School v. SaikewiczMassachusetts Supreme Judicial Court · 1977
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3Cited by1 opinion
- In Re Guardianship of BrowningSupreme Court of Florida · 1990