UPDATE ON LK AND FORCED SURGERY

In a previous post, I linked to the story of LK, who refused surgery for cervical cancer for religious reasons, but was to be forced by court order to undergo a radical hysterectomy against her will.

From the ABA Journal:

Under legal standards for informed consent, an adult who is mentally competent generally has a constitutional right to refuse medical treatment, even treatment that would be life-saving.
....

The state supreme court...stayed the court order requiring the hysterectomy and provided for the emergency appeal to proceed.

“Normally, we don’t force treatment on adults. Competent adults can refuse even lifesaving treatments on religious terms,” Arthur Caplan of the University of Pennsylvania's Center for Bioethics tells the Missoulian. “The challenge is to establish that they truly are incompetent and that they really do comprehend the risk posed to their life.”

Exactly. The stay is the proper ruling. The burden of proof falls on those who say LK is incompetent.

Thanks to Paul (A.) for the link.