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In re Doe.

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Bone Marrow↗

In Re Doe, 12 November 1987.

The natural mother of profoundly retarded woman in custody of the state challenged an order of the Family Court that the pregnancy of her daughter be terminated. The order was made pursuant to the petition of the executive director of the Division of Retardation of the Rhode Island Department of Mental Health, Retardation, and Hospitals. The Court rejected the challenge, holding that the conclusion of the Family Court that the young woman, if she had been able, would have decided to have an abortion, was correct, particularly in light of the fact that she was suffering from seizure disorder and cerebral palsy.

Abortion, Induced↗

In re Jane Doe.

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Amyotrophic Lateral Sclerosis↗

In re Jane Doe.

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Central Nervous System Diseases↗

In re Jane Doe.

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Adolescent↗

In Re Baby Doe, 23 February 1987.

The Court rejected an appeal by the husband plaintiff that he was not responsible for support payments for a child born to his wife as a result of artificial insemination. It held that he had consented to the insemination through his knowledge of and assistance in his wife's efforts to conceive through artificial insemination and was thus the legal father of the child with legal responsibilities toward it.

Americas↗

In re Jane Doe.

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Adult↗

In re Baby Boy Doe.

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Cesarean Section↗

Can healthcare providers obtain judicial intervention against surrogates who demand "medically inappropriate" life support for incompetent patients?

OBJECTIVE: This article analyzes, from a legal perspective, a recent phenomenon involving a clash between the values of attending medical personnel and the instructions of surrogate decision-makers acting on behalf of incompetent patients. Some hospitals have gone to court to challenge decisions by surrogates to continue life support for permanently unconscious or other gravely debilitated patients. Their claim has been that continuation of life support would be medically inappropriate and that the surrogates' decisions ought to be overridden. These petitions have thus far been rejected. The objective here is to explain those decisions and to predict the outcome of future, similar litigation. DATA SOURCES: The primary data are the judicial decisions and legislation accumulated since the Quinlan case in 1976, regarding the medical handling of dying medical patients. CONCLUSIONS: Judicial rejection of healthcare providers' claims in the decided cases is explainable under traditional guardianship principles. The explanation lies in surrogates' authority to make decisions in the best interests of incompetent patients, and in judicial reluctance to brand life preservation of nonsuffering patients as abusive or contrary to patient interests. At the same time, the author anticipates a change in judicial posture, as courts acknowledge the widespread antipathy of people toward being indefinitely preserved in a noncognitive status. Because the judicial approach to the handling of dying persons often seeks to replicate what the patient would have wanted, there is room to consider consensus preferences where the particular patients has never indicated any deviation from those preferences. Courts will eventually override surrogate decisions that do not conform to widely shared preferences for avoiding the indignity of permanent unconsciousness or other gravely debilitated states.

Coma↗