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Clinical Ethics and Public Policy: Reflections on the Linares Case

Published online by Cambridge University Press:  29 April 2021

David C. Thomasma
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Extract

When the Linares case broke in Chicago, the media immediately began contacting ethicists and hospital lawyers in the area. Eventually, and somewhat wistfully as one paper reported, they were unable to find a single ethicist who did not think that the decision should have been made to withdraw treatment from Samuel far earlier in his treatment. Furthermore, ethicists argued that the family and physician should have made that decision. There was no need to consult with lawyers and especially not with courts.

On the other hand, most lawyers contacted felt it was necessary to go to court to obtain permission to withdraw the respirator, since the legal status of such decisions in Illinois (as in most other states) was terribly unclear. Lack of “clarity” was a catchword in these interviews.

This dichotomy between the instinctive reactions of ethicists and lawyers is natural. It should be so. The ethicists consulted, philosophers, theologians, and physicians, are all skilled in clinical ethics.

Type
Article
Information
Law, Medicine and Healthcare , Volume 17 , Issue 4 , Winter 1989 , pp. 335 - 338
Copyright
Copyright © American Society of Law, Medicine and Ethics 1989

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References

Flaherty, Roger and Lehmann, Daniel J., “Ending Life Support for Hopeless Cases Called Morally Right,” Chicago Sun-Times, Thursday, April 27, 1989, 5. In this article, William May and Joseph Cardinal Bernadin are cited as arguing that withdrawal of care is not active euthanasia, but removing burdensome treatment.Google Scholar
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Legislative recommendations like this are being considered by the Cook County State's Attorney's Task Force on Withdrawing Life-Sustaining Treatment that was established after the Linares case by the newly appointed State's Attorney, Cecil Partee. The examples I have included here are entirely my own, and are not intended to reflect the thinking of that committee even though I am appointed to the committee and to the subcommittee drafting such legislative proposals.Google Scholar