In re Quinlan | |
---|---|
Court | New Jersey Supreme Court |
Full case name | In the matter of Karen Quinlan, an alleged incompetent |
Decided | March 31, 1976 |
Citation(s) | 70 N.J. 10; 355 A.2d 647 (1976) |
Court membership | |
Judge(s) sitting | Chief Justice Hughes, Justices Mountain, Sullivan, Pashman, Clifford and Schreiber and Judge Conford |
Case opinions | |
Majority: Hughes (unanimous) |
In re Quinlan (70 N.J. 10, 355 A.2d 647 (NJ 1976)) was a landmark [1] 1975 court case in the United States in which the parents of a woman who was kept alive by artificial means were allowed to order her removal from artificial ventilation.[ citation needed ]
Karen Ann Quinlan was 21 years old in 1975. After a night of drinking alcohol and ingesting tranquilizers, Quinlan lost consciousness and ceased breathing for two 15-minute periods. After it was determined that she was in a persistent vegetative state, her father, Joseph Quinlan, wished to remove her from the medical ventilator. Quinlan's primary physician and the hospital both refused.
Quinlan's father retained attorneys Paul W. Armstrong, a Morris County, New Jersey, Legal Aid attorney, and James M. Crowley, an associate at the New York City law firm of Shearman & Sterling with degrees in theology and Church law, and filed suit in the New Jersey Superior Court in Morris County, New Jersey, on September 12, 1975, [2] to be appointed as Quinlan's legal guardian so that he could act on her behalf. Armstrong would later become involved in the Nancy Cruzan case and later still become a judge. [3] Crowley is, as of 2017, legal counsel and advisor to several Vatican-related entities. Judge Armstrong is currently a Senior Policy Fellow and Judge in Residence at the Bloustein School of Planning and Public Policy at Rutgers University.
The Court denied his request on November 10, 1975. [4] Joseph Quinlan appealed the decision to the Supreme Court of New Jersey, which on March 31, 1976, held that he could authorize the cessation of ventilation; and that Saint Clare's Hospital was bound to proceed with this order.
After being removed from the ventilator, Quinlan continued to breathe until her death, in 1985, from pneumonia. [5]
The autopsy of Quinlan's brain found extensive damage to the bilateral thalamus. [6]
Karen Ann Quinlan was an American woman who became an important figure in the history of the right to die controversy in the United States.
Brain death is the permanent, irreversible, and complete loss of brain function which may include cessation of involuntary activity necessary to sustain life. It differs from persistent vegetative state, in which the person is alive and some autonomic functions remain. It is also distinct from comas as long as some brain and bodily activity and function remain, and it is also not the same as the condition locked-in syndrome. A differential diagnosis can medically distinguish these differing conditions.
Life support comprises the treatments and techniques performed in an emergency in order to support life after the failure of one or more vital organs. Healthcare providers and emergency medical technicians are generally certified to perform basic and advanced life support procedures; however, basic life support is sometimes provided at the scene of an emergency by family members or bystanders before emergency services arrive. In the case of cardiac injuries, cardiopulmonary resuscitation is initiated by bystanders or family members 25% of the time. Basic life support techniques, such as performing CPR on a victim of cardiac arrest, can double or even triple that patient's chance of survival. Other types of basic life support include relief from choking, staunching of bleeding by direct compression and elevation above the heart, first aid, and the use of an automated external defibrillator.
A vegetative state (VS) or post-coma unresponsiveness (PCU), is a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. After four weeks in a vegetative state, the patient is classified as being in a persistent vegetative state (PVS). This diagnosis is classified as a permanent vegetative state some months after a non-traumatic brain injury or one year after a traumatic injury. The term unresponsive wakefulness syndrome may be alternatively used, as "vegetative state" has some negative connotations among the public.
The right to die is a concept based on the opinion that human beings are entitled to end their life or undergo voluntary euthanasia. Possession of this right is often understood that a person with a terminal illness, incurable pain, or without the will to continue living, should be allowed to end their own life, use assisted suicide, or to decline life-prolonging treatment. The question of who, if anyone, may be empowered to make this decision is often the subject of debate.
The Terri Schiavo case was a series of court and legislative actions in the United States from 1998 to 2005, regarding the care of Theresa Marie Schiavo, a woman in an irreversible persistent vegetative state. Schiavo's husband and legal guardian argued that Schiavo would not have wanted prolonged artificial life support without the prospect of recovery, and in 1998, he elected to remove her feeding tube. Schiavo's parents disputed her husband's assertions and challenged Schiavo's medical diagnosis, arguing in favor of continuing artificial nutrition and hydration. The highly publicized and prolonged series of legal challenges presented by her parents, which ultimately involved state and federal politicians up to the level of President George W. Bush, caused a seven-year delay before Schiavo's feeding tube was ultimately removed.
Stephanie Keene, better known by the pseudonym Baby K, was an anencephalic baby who became the center of a major American court case and a debate among bioethicists.
Paul Brophy was a firefighter in Massachusetts who entered a persistent vegetative state with no believed chance of recovery. Opposing viewpoints between his family and his doctors on how to deal with his condition sparked an early legal case on the right to die.
The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging the validity of state laws under the state constitution. It has the sole authority to prescribe and amend court rules and regulate the practice of law, and it is the arbiter and overseer of the decennial legislative redistricting. One of its former members, William J. Brennan Jr., became an associate justice of the Supreme Court of the United States.
Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990), was a landmark decision of the Supreme Court of the United States involving a young adult incompetent. The first "right to die" case ever heard by the Court, Cruzan was argued on December 6, 1989, and decided on June 25, 1990. In a 5–4 decision, the Court affirmed the earlier ruling of the Supreme Court of Missouri and ruled in favor of the State of Missouri, finding it was acceptable to require "clear and convincing evidence" of a patient's wishes for removal of life support. A significant outcome of the case was the creation of advance health directives.
Anthony David Bland was a supporter of Liverpool F.C. injured in the Hillsborough disaster. He suffered severe brain damage that left him in a persistent vegetative state as a consequence of which the hospital, with the support of his parents, applied for a court order allowing him to "die with dignity". As a result, he became the first patient in English legal history to be allowed to die by the courts through the withdrawal of life-prolonging treatment including food and water for the injuries.
Haleigh Poutre is an American woman who became the subject of a legal controversy regarding the removal of life support for patients in persistent vegetative states. In 2006, eleven-year-old Poutre awoke from a coma shortly before she was scheduled to be removed from life support. Poutre had a severe brain injury thought to be caused by abuse by her adoptive mother. The case brought about many changes in the Massachusetts Department of Social Services, both in the way they handle reports of child abuse as well as their policies on end-of-life care for children in their custody.
Mordechai Dov Brody, nicknamed Motl or Motyl, was a 12-year-old Hasidic Jewish boy from Brooklyn, New York, United States.
Fred Plum was an American neurologist who developed the terms "persistent vegetative state" and "locked-in syndrome" as part of his continuing research on consciousness and comas and care of the comatose.
Betancourt v. Trinitas Hospital, 1 A.3d 823 (2010), is a New Jersey legal case concerning whether a hospital may unilaterally refuse care to a patient on the grounds that it is futile to prolong the person's life because there is little chance that the condition will improve. It has become the focal point of the ongoing debate surrounding denial of care among professional bioethicists.
Since March 2018, passive euthanasia is legal in India under strict guidelines. Patients must consent through a living will, and must be either terminally ill or in a vegetative state.
Jahi McMath was a thirteen-year-old girl who was declared brain dead in California following surgery in 2013. This led to a bioethical debate engendered by her family's rejection of the medicolegal findings of death in the case, and their efforts to maintain her body using mechanical ventilation and other measures. Her parents considered these measures to constitute life support, while her doctors considered this to be futile treatment of a deceased person. In October 2014, the McMath family attorney made the unprecedented request that Jahi McMath's brain death declaration be overturned. The attorney later withdrew this request, saying he wanted time for the court-appointed medical expert and his own medical experts to confer. In March 2015, McMath's family filed a malpractice lawsuit against Children's Hospital Oakland and against the surgeon who performed McMath's surgery, indicating they were prepared to argue as part of the lawsuit that McMath is not dead, but profoundly disabled. The family lawyer stated that a preliminary second death certificate was issued on June 22, 2018, listing extensive bleeding relating to liver failure as the cause of death.
The Charlie Gard case was a best interests case in 2017 involving Charles Matthew William "Charlie" Gard, an infant boy from London, born with mitochondrial DNA depletion syndrome (MDDS), a rare genetic disorder that causes progressive brain damage and muscle failure. MDDS has no treatment and usually causes death in infancy. The case became controversial because the medical team and parents disagreed about whether experimental treatment was in the best interests of the child.
Alfie James Evans, was an infant boy from Liverpool with an undiagnosed neurodegenerative disorder, later revealed to be GABA-transaminase deficiency. The medical team and the child's parents disagreed about whether to maintain his life support or to withdraw it, resulting in a legal battle. Alder Hey Children's NHS Foundation Trust sought a declaration that continued mechanical ventilation was "unkind and inhumane", and not in the child's best interests. Alfie's parents, Kate James and Thomas Evans, contested the application.
Ms B v An NHS Hospital Trust[2002] EWHC 429 (Fam) is a decision of the United Kingdom High Court of Justice which ruled that if a patient is mentally competent, they have the right to refuse life saving medical treatment.