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Cornell Law Faculty Publications

Quinlan case

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Severe Neurological Impairment: Legal Aspects Of Decisions To Reduce Care, H. Richard Beresford May 1984

Severe Neurological Impairment: Legal Aspects Of Decisions To Reduce Care, H. Richard Beresford

Cornell Law Faculty Publications

Decisions to reduce care for patients with severe neurological impairment may raise legal questions. The laws of most states now authorize physicians to stop care for those who have suffered irreversible cessation of all functions of the brain (“brain death”). Where state law is not explicit, it is nevertheless probably lawful to regard brain death as death for legal purposes so long as currently accepted criteria are satisfied. Several courts have ruled that it is lawful to reduce care for patients in vegetative states, but have prescribed differing standards and procedures for implementing such decisions. The issue of whether parents …


The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford Nov 1978

The Role Of Judges In Life/Death Decisions For The Neurologically Impaired, H. Richard Beresford

Cornell Law Faculty Publications

The Massachusetts Supreme Court has recently ruled that decisions about withholding care from hopelessly ill, legally incapacitated patients must be made by judges. It clearly rejected the view that families and attending physicians should be empowered to make such decisions. In this respect, the ruling contrasts with that of the Quinlan case and highlights the issue of whether judges or physicians and families are better able to make medically and morally sound decisions respecting this class of patients.


Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford Nov 1978

Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.