Hostname: page-component-cd9895bd7-8ctnn Total loading time: 0 Render date: 2024-12-28T20:48:55.602Z Has data issue: false hasContentIssue false
  • English
  • Français

What Actually Happened: An Informed Review of the Linares Incident

Published online by Cambridge University Press:  29 April 2021

Gilbert M. Goldman ,
Karen M. Stratton  and
Max Douglas Brown
Get access Rights & Permissions [Opens in a new window]

Extract

Last April, 23 year-old Rudy Linares disconnected his 15-month-old comatose son, Sammy, from the mechanical ventilator that was maintaining the infant's life. He then used a gun to keep hospital staff from interfering while he withdrew the machine, allowing his son to die of acute respiratory failure. The death of this infant stirred great controversy among doctors, nurses, lawyers and ethicists. It also generated much discussion in the news media. The clearest common denominator of this discussion has been the willingness of commentators to advance opinions and interpretations without knowledge of the facts of the case. Some of the opinions have been critical of the hospital, the doctors, and/or the nurses. The present report is not intended to answer such criticism. The report will simply provide the facts and legal opinions as to the case. To the extent this information leads the reader to understand or agree with the management of the case the report will serve as a defense of these actions. To the extent it leads to rejection or criticism of the management, the report will support the detractors.

Type
Article
Information
Law, Medicine and Healthcare , Volume 17 , Issue 4 , Winter 1989 , pp. 298 - 307
Copyright
Copyright © American Society of Law, Medicine and Ethics 1989

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Task Force for the Determination of Brain Death in Children, “Guidelines for the determination of brain death in children,” Annals of Neurology, July 1987;Vol. 22, No. 1.Google Scholar
O'Rourke, P.P., “Outcome of children who are apneic and pulseless in the emergency room,” Critical Care Medicine, 1986;14(5):466–8; Zaritsky, A. Nadkarni, V. Getson, P. Kuehl, K., “CPR in children,” Annals of Emergency Medicine, October 1987;16:1107–11; Lewis, J.K. Minter, M.G. Eschelman, S.J. Witte, M.K., “Outcome of pediatric resuscitation,” Annals of Emergency Medicine, October 1983;12:297–9.CrossRefGoogle Scholar
Simon, J.E. Smookler, S. Guy, B., “A regionalized approach to pediatric emergency care,” Pediatrics Clinics of North America, August 1981;28(3):677–97.Google Scholar
Chameides, L., ed, Textbook of Pediatric Advanced Life Support. American Heart Association and American Academy of Pediatrics. 1988;81–92; “Standards and guidelines for cardiopulmonary resuscitation(CPR) and emergency cardiac care (ECC)” JAMA 1986;255:2980.Google Scholar
See note 1 above.Google Scholar
Suter, C., “Brain death,” in: Pellock, J.M. Myer, E.D., ed. Neurologic Emergencies in Infancy and Childhood. Harper & Row Publishers: Philadelphia, 1984:343–9.Google Scholar
Feinberg, W.M. Ferry, P.C., “A fate worse than death,” American Journal of Diseases in Children, February 1984;138:128–30; Executive Board, American Academy of Neurology, “Position of the American Academy of Neurology on certain aspects of the care and management of the persistent vegetative state patient,” Neurology, January 1989;39:125–26.Google Scholar
Gillies, J.D. Sesia, S.S., “Vegetative state following coma in childhood: Evolution and outcome,” Developmental Medicine and Child Neurology 1980;2(2):2–642.Google Scholar
Cranford, R.E., “The persistent vegetative state: The medical reality (getting the facts straight),” Hastings Center Report February/March 1988;27–32.Google Scholar
See Note 7 above; See Note 8 above.Google Scholar
Joint Report of the Council on Scientific Affairs and the Council on Ethical and Judicial Affairs (1989).Google Scholar
See Note 7 above.Google Scholar
See Note 7 above.Google Scholar
See Note 8 above.Google Scholar
Chicago Sun Times (May 6, 1989).Google Scholar
Chicago Tribune (May 5, 1989).Google Scholar
Chicago Tribune (June 2,1989).Google Scholar
S.H.A. ch. 38, S9–1Google Scholar
S.H.A. ch. 23, S2051 et seq.Google Scholar
S.H.A. ch. 38, S9–1(c).Google Scholar
In re Haymer, 115 IlApp l. 3d 349 (1st Dist. 1983).Google Scholar
S.H.A. ch. 110-1/2, S701 et seq.Google Scholar
S.H.A. ch. 110-1/2, S804–1 et seq.Google Scholar
Rasmussen v. Fleming, 741 P.2d 674 (Ari z. Supr. Ct., en banc, 1987); Barber v. Superior Court, 195 Cal. Rptr. 484 (Ct. App 2d Dist. 1983); John F. Kennedy Memorial Hospital v. Bludworth, 452 So. 2d. 921 (Fla. Supr. Ct. 1984); Matter of Spring, 405 N.E. 2d 115 (Mass. 1980); Matter of Quinlan, 355 A. 2d 647 (N.J. Supr. Ct. 1976 Matter of Storar, 438 N.Y.S. 2d 266; Matter of Welfare of Colyer, 660 P. 2d 738 (Wash. 1983).Google Scholar
In re P. V. W., 424 So. 2d 1015 (La. 1982) In re L.H.R., 321 S.E. 2d 716 (Ga. 1984) In re Guardianship of Barry, 445 So. 2d 365 (Fla. App. 2 Dist. 1984).Google Scholar
In re Estate of Longeway (Illinois Supreme Court No. 67318).Google Scholar
In re E.G. (Illinois Supreme Court No. 66089).Google Scholar
S.H.A. ch. 23 S2053.Google Scholar
42 U.S.C.A. S5106g(10).Google Scholar
In re Jobes, 510 A. 2d 133 (N.J. Super. Ct. 1986).Google Scholar
Letter dated June 8, 1989 from Max Brown to Daniel Coyne (attorney for Rudolfo Linares).Google Scholar
Statement attributed to Lawrence J. Nelson, Associate with Bioethics Consultation Group of Berkeley, California in Medical Ethics Advisor (Vol. 5, No. 6; June 1989).Google Scholar
20 Am. Jur. 2d Courts S203.Google Scholar