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Recording 5 (Cases (Karen Ann Quinlan (** very important case. very…
Recording 5
Cases
- DeVries & Rott. clinicians in non western setting.
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Karen Ann Quinlan
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1968 - legal definition of brain death. death no longer in the realm of religion or faith. not necessarily in the human body.
mid 1970 - establish of brain death criteria through a few cases.
p141 - competition between courts and physicians. up until now, physicians have enjoyed freedom to do as they please without competition. this case challenged them.
court have to decide between family and doctor (protected by hospital). court give the power to physician but give the power to family to decline under certain conditions. higher court : on one hand patient autonomy, on the other gave physicians. technology situation: have to be made in advanced -- must be saved or can be allowed to die.
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reason case is so influential is because death have changed. instead of saying a person has died, now we have this matrix of human and technology.
DNR law in TX have changed. now physicians are not allowed to terminate life even with DNR in place. Insurance have caps. Hospital have no caps, but they can turn it over to the state.
Physicians have a moral obligation. Hospitals have their own moral obligation. State have their own moral obligation. Religion, cost.
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