Charlie Gard: How Did Things Go Wrong?
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Piercing the Veil: the Limits of Brain Death As a Legal Fiction
University of Michigan Journal of Law Reform Volume 48 2015 Piercing the Veil: The Limits of Brain Death as a Legal Fiction Seema K. Shah Department of Bioethics, National Institutes of Health Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Health Law and Policy Commons, and the Medical Jurisprudence Commons Recommended Citation Seema K. Shah, Piercing the Veil: The Limits of Brain Death as a Legal Fiction, 48 U. MICH. J. L. REFORM 301 (2015). Available at: https://repository.law.umich.edu/mjlr/vol48/iss2/1 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. PIERCING THE VEIL: THE LIMITS OF BRAIN DEATH AS A LEGAL FICTION Seema K. Shah* Brain death is different from the traditional, biological conception of death. Al- though there is no possibility of a meaningful recovery, considerable scientific evidence shows that neurological and other functions persist in patients accurately diagnosed as brain dead. Elsewhere with others, I have argued that brain death should be understood as an unacknowledged status legal fiction. A legal fiction arises when the law treats something as true, though it is known to be false or not known to be true, for a particular legal purpose (like the fiction that corporations are persons). -
Autonomia Jednostki W Międzynarodowym Prawie
Agata Wnukiewicz-Kozłowska Wybór tematu recenzowanej monografii należy uznać za wyjątkowo trafny. Aktualność i doniosłość poznawcza podjętej problematyki, a tak- że, co ważne, również jej wartość praktyczna, nie budzą wątpliwości. Syn- tetyczny tytuł pracy jest w pełni adekwatny, dobrze oddaje jej zawartość Agata Wnukiewicz-Kozłowska i główną ideę. [...] Całość rozważań zawartych w monografii koncentruje się na uzasad- nieniu jej głównej tezy o wykształceniu się nowego rodzaju prawa, wywo- Autonomia jednostki w międzynarodowym prawie biomedycznym dzącego się z prawa międzynarodowego publicznego oraz uwzględniają- cego klasyczny kanon praw i wolności jednostki, ale charakteryzującego się istotną odrębnością przedmiotową i specyfiką podmiotową. [...] za- prezentowane w pracy bardzo szerokie uzasadnienie głównej tezy jest wyjątkowo solidne, wszechstronne i przekonywające. Zostało ono oparte Autonomia na imponującym pod względem wielkości i różnorodności materiale ze- branym i wykorzystanym przez Autorkę w toku badań. [...] poza bardzo jednostki licznymi źródłami prawa w ścisłym tego słowa znaczeniu (traktaty, akty w prawa UE, ustawy i inne akty normatywne) w pracy wykorzystano boga- te orzecznictwo sądów międzynarodowych i krajowych, różnego rodzaju międzynarodowym dokumenty, wyniki badań empirycznych, a nawet materiały publicystycz- ne. Autorka dostrzegła i uwzględniła rosnącą, choć ciągle jeszcze niedo- prawie określoną rolę soft law. To bogactwo materiału wykorzystanego w pracy biomedycznym jest jej niewątpliwą zaletą. z recenzji wydawniczej -
To See the Full Programme for the Battle of Ideas 2017
CONTENTS The Battle of Ideas is an annual festival which 2 Ticket prices and festival information 3 Why the Battle of Ideas? brings together 400-plus speakers for over 3 Registration times 100 debates over the course of the weekend, and through stand-alone satellite events held SATURDAY from September to November throughout the 4 Welcome Address UK and Europe. You can find out more about 4 Saturday Keynote Controversies 6 The Politics of the Personal these satellite events on pages 52–59. 8 Intellectual Life 10 Understanding America This brochure will help you plan and navigate your visit to 12 The New Political Landscape the festival weekend. The debates are organised by room 14 Battle for the Economy or by themed topic areas we call ‘strands’. For example, the 16 Culture Wars ‘Science and Ethics’ strand covers contemporary issues in 18 City Life medicine, genetics and space exploration. The festival is 20 Contemporary Controversies organised so that you can follow one strand throughout the day, or pick and choose debates from different strands on WEEKEND ATTRACTIONS topics that interest you. 22 Battle Specials Whatever you decide to do, with such a wide range of 23 Book Club Salons debates and discussion, we are sure there will be plenty for 24 Lunchtime Shorts everyone to think about. 25 Festival Attractions and Entertainment ESSENTIAL INFORMATION 28 Battlefields: Barbican maps 30 Saturday Timetable 31 Sunday Timetable SUNDAY 32 Sunday Keynote Controversies 34 Eye on the World 36 Debating the Past 38 Law and Order 40 Tech Futures 42 Crisis of Political Language 44 Battle for Education 46 Contemporary Controversies 48 State of the Nation 50 Science and Ethics SATELLITES 52 UK Satellite Events 56 Battle of Ideas Europe 60 Thanks BATTLEOFIDEAS.ORG.UK 1 BOI Brochure 2017 1.7.indd 1 12/10/2017 18:56 BATTLE OF IDEAS TICKETING INFORMATION The Battle of Ideas takes place at the Barbican, London, on Saturday 28 and Sunday 29 October. -
Care of Dying Children and Adults. Ethics, Principles and Issues for Law Reform
Catholic Medical Quarterly Volume 68(3) August 2018 www.cmq.org.uk Care of dying children and adults. Ethics, principles and issues for law reform Dr Adrian Treloar, FRCP, MRCPych, MRCGP Background The cases of Alfie Evans, Charlie Gard, Charlotte Wyatt, David Glass and Ayesha King have all hit headlines and reverberated around the world. Many have been shocked to see doctors applying to the courts in order to curtail treatment against the clearly expressed wishes of the child's parents. Fierce public debates have raged about the appropriateness of withdrawing treatment but even more strongly about also the denial of parents’ wishes when plans they have made for their child do not appear unreasonable. Whilst public debate on the appropriateness of withdrawing treatment from the child has been fierce that debate has been yet more fierce on the denial of the parents' wishes to have the treatment continued even though their wishes do not appear unreasonable My conclusion is that while limitation of treatment and withdrawal of some treatments is appropriate, the de facto removal of parental authority as a result of referral to the High Court is wrong, and deeply unjust. As well as that, I argue that, in the case of Alfie Evans, the decision by the High Court to deny transfer to other care facilities is deeply concerning and should not have happened. Key issues in the care of dying children and adults Underlying those conclusions and within all the complexity of the debates there are several key issues each of which I explore further in this paper. -
Issues with the Determination of Brain Death: the Case for Religious and Moral Exceptions
Seton Hall University eRepository @ Seton Hall Law School Student Scholarship Seton Hall Law 2020 Issues with the Determination of Brain Death: The Case for Religious and Moral Exceptions Alyson Schwartz Follow this and additional works at: https://scholarship.shu.edu/student_scholarship Part of the Law Commons Recommended Citation Schwartz, Alyson, "Issues with the Determination of Brain Death: The Case for Religious and Moral Exceptions" (2020). Law School Student Scholarship. 1106. https://scholarship.shu.edu/student_scholarship/1106 I. Introduction The double doors open to the emergency room, where paramedics are wheeling in patients, a child is receiving stiches while holding her mother’s hand, and a patient behind a curtain is screaming as nurses run to him. The hospital corridor is stuffy, and the air has an undertone of bleach. The walls are painted a slate gray and are scraped in places from the hundreds of gurnies that have bumped into them. The pictures on the walls in the waiting room are cheap prints of uplifting scenes. Here in the waiting room, loved ones sit, with anxious faces, some silent and staring off into the distance, others tapping a foot and rustling through last week’s New York Times to keep themselves occupied, others weeping silently in the corner. When a physician walks into the waiting room, all heads turn towards the door, watching the physician, restless to hear their names being called, in hope to find out the fate of their loved one(s). A family’s name is called, and they are escorted into another room. Here they are told that their son was in a major car accident, leading to a traumatic brain injury. -
Defining Death: Getting It Wrong for All the Right Reasons
TRUOG.TOPRINTER.RESUBMIT2.DOCX (DO NOT DELETE) 6/8/2015 11:39 AM Defining Death: Getting It Wrong for All the Right Reasons Robert D. Truog* The Uniform Determination of Death Act defines death as either the irreversible cessation of all circulatory and respiratory functions or of all func- tions of the entire brain. As a matter of scientific fact, many patients declared dead for purposes of organ donation do not meet this legal requirement. In addition, many of these patients have not lost “the integrated functioning of the organism as a whole,” a scientific standard that defines life across the entire biological spectrum, not just in humans. As such, current practices violate the implicit ethical and legal principle known as the “dead donor rule,” which states that vital organs may never be removed from patients before they are dead. I claim that while current practices of organ procurement do cause the death of the patient, they are nevertheless ethical because: (1) they are performed with the patient’s or surrogates’ consent (principle of respect for autonomy), and (2) they do not harm or set back the interests of the patient (principle of nonmaleficence). While the ideal long-term solution is to reframe the ethics of vital-organ donation in terms of these principles rather than the dead donor rule, a more practical short-term solution may be to conceptualize current approaches to defining death as socially acceptable “legal fictions,” acknowledging that they are not biologically valid. Not only would this solution create a more honest and transparent public policy, but it would save lives by increasing both the quantity and the quality of organs available for transplantation. -
On Charlie Gard: Ethics, Culture, and Religion
RESEARCH ETHICS/COMPARATIVE CULTURE AND RELIGION J. Heal Ethics Admin Volume 4 | Number 2 (Fall/Winter 2018) www.jheaonline.org ISSN 2474-2309 | doi:10.22461/jhea.1.71618 https://doi.org/10.22461/jhea.1.71618 Published Dec. 20, 2018 On Charlie Gard: Ethics, Culture, and Religion PETER A. CLARK, SJ, PH.D.1 MARVIN J. H. LEE, PH.D.2 AND OLIVIA NGUYEN3 [email protected],1 [email protected],2 [email protected] 1. 2. 3. The Institute of Clinical Bioethics, Saint Joseph’s University, Philadelphia, Pennsylvania, U.S.A. Keywords: Charlie Gard, comparative culture, Richard McCormick, medical futility. Abstract: The 2017 story of Charlie Gard is revisited. Upon the British High Court’s ruling in favor of the physicians that the infant should be allowed to die without the experimental treatment, the view of the public as well as the opinions of bioethicists and Catholic bishops are divided, interestingly along with a cultural line. American bioethicists and Catholic bishops tend to believe that the parents should have the final say while British/European bioethicists and Catholic bishops in general side with the court’s decision. The paper explores the place of culture in bioethical reasoning between the UK/Europe and the US while claiming that cultural differences are more important than geopolitical or religious differences to understand the bioethical positions of a group. In addition, the authors introduce a decision-making program for handicapped neonates which is developed by the American Jesuit Bioethicist, Richard McCormick, and modified further by the contemporary American Jesuit Bioethicist, Peter A. -
Philosophy and Practice of Bioethics Across and Between Cultures
Philosophy and Practice of Bioethics across and between Cultures Editors: Takao Takahashi, Nader Ghotbi & Darryl R. J. Macer Eubios Ethics Institute 2019 ii Philosophy and Practice of Bioethics Across and Between Cultures Eubios Ethics Institute Christchurch Tsukuba Science City Bangkok Cataloging-in-Publication data Philosophy and Practice of Bioethics across and between Cultures / Takahashi, Takao / Ghotbi, Nader / Macer, Darryl R.J. Christchurch, N.Z.: Eubios Ethics Institute ©2019. Copyright © 2019 Eubios Ethics Institute All rights reserved. The copyright for the complete publication is held by the Eubios Ethics Institute. The material may be used in education provided the copies are provided free of charge. No part of this publication may be reproduced for commercial use, without the prior written permission of the Eubios Ethics Institute. http://www.eubios.info/ 1 v. 22 Chapters. ISBN 978-0-908897-33-9 1. Bioethics. 2. Medical ethics. 3. Ethics. 4. Peace. 5. Philosophy. 6. Justice. 7. Disaster. 8. Information technology ethics. 9. Japan. 10. Asian Studies. 2. I. Takahashi, Takao, 1948. II. Ghotbi, Nader, 1967. III. Macer, Darryl Raymund Johnson, 1962. IV. Eubios Ethics Institute. V. Title (Philosophy and Practice of Bioethics across and between Cultures). The Eubios Ethics Institute is a nonprofit group that aims to stimulate the discussion of ethical issues, and how we may use new technology in ways consistent with "good life". An important part of this dialogue is to function as an information source for those with similar concerns. Publications are available through the website www.eubios.info, and refer to the ordering guidelines in this book. The views expressed in this book do not necessarily represent the views of the Eubios Ethics Institute, nor the editors. -
The Charlie Gard Case: British and American Approaches to Court Resolution of Disputes Over Medical Decisions
OPEN Journal of Perinatology (2017) 37, 1268–1271 www.nature.com/jp COMMENTARY The Charlie Gard case: British and American approaches to court resolution of disputes over medical decisions JJ Paris1,2, J Ahluwalia3, BM Cummings4, MP Moreland5 and DJ Wilkinson6,7 Journal of Perinatology (2017) 37, 1268–1271; doi:10.1038/jp.2017.138; United States identified by the court as ‘Dr I.’ To finance the published online 19 October 2017 treatment the parents raised £1.3 million. The disagreement between the parents and the physicians in this case was not about cost, it was whether or not the experimental therapy ought to be tried on Charlie. The parents wanted it done. The physicians were For those whose bodies are riddled with disease, [Aclepius] opposed. They believed that continued intensive care and the did not attempt to prescribe a regimen in order to make proposed nucleoside treatment were ‘futile.’ their life a prolonged misery. Medicine isn’t intended for A British Court was petitioned to approve an order ‘that it is ’ fi such people ... even if they are richer than Midas. lawful, and in Charlie s best interests, for arti cial ventilation to be Plato, The Republic, Bk III. withdrawn ... and for his treating clinicians to provide him with palliative care only.’ The request was a direct challenge to the parent’s hopes. The case was assigned to Mr Justice Francis of the Family Division INTRODUCTION of the High Court. The judge made clear from the outset that ‘This ’ ‘ On 8 June 2017, the Supreme Court in the United Kingdom case is not about money. -
Disagreements in the Care of Critically Ill Children: Emerging Issues in a Changing Landscape
LITERATURE REVIEW Disagreements in the care of critically ill children: emerging issues in a changing landscape Dr Neera Bhatia 1 Senior Lecturer in Law, Deakin University, School of Law, Melbourne, Australia September 2018 Note The author was commissioned by the Nuffield Council on Bioethics to write this review to inform its work on the disagreements that can arise in the care of critically ill children. Any views expressed in the paper are the author’s own and not those of the Nuffield Council on Bioethics. 1 Correspondence to: [email protected] . Dr Neera Bhatia undertook the review and provided the first draft; Dr Giles Birchley (University of Bristol, Centre for Ethics in Medicine) provided advice and comments on the first draft; Professor Richard Huxtable and Dr Jonathan Ives (University of Bristol, Centre for Ethics in Medicine) provided further edits to subsequent drafts. 1 Contents Summary .............................................................................................................................. 3 Introduction ........................................................................................................................... 4 Methodology ......................................................................................................................... 6 Findings ................................................................................................................................ 7 A: The role and impact of the internet, social media, and crowdfunding............................ -
The Charlie Gard Case
CHAPTER 1 The Charlie Gard case ‘Begin at the beginning and go on till you come to the end; then stop.’ Alice in Wonderland, Lewis Carroll Shortly after three o’clock on the 28th of July 2017, in a private room of a specialised hospice in suburban London, staff disconnected the breathing machine that was keeping alive 11-month-old infant Charlie Gard. Lying on either side of him, his parents Connie Yates and Chris Gard held his hands, leaned close and talked to him. They spoke to him of how proud they were of him. They saw him open his eyes briefly, and close them. Minutes later Charlie’s heart stopped, and he was gone.1 This was the conclusion – quiet, private and fleeting – to a dispute about medical treatment that had been none of those things. In the preceding 4 months, a protracted series of court hearings around disputed treatment for Charlie Gard had yielded global media attention and an outpouring of sympathy from onlookers around the world. It had attracted statements of support from many public figures, including US President Trump and the Pope. Charlie’s parents had been seeking experimental treatment that might improve his rare genetic condition. They had raised funds for him to travel to the US, where a medical specialist had offered to provide treatment. Many observers could not understand why the doctors at London’s Great Ormond Street Hospital opposed the requested treatment. Many found it hard to see why the UK and European courtsa had decided against Charlie’s parents and authorised withdrawal of life support. -
Hard Lessons: Learning from the Charlie Gard Case Dominic Wilkinson,1,2 Julian Savulescu1,3,4
Charlie Gard J Med Ethics: first published as 10.1136/medethics-2017-104492 on 2 August 2017. Downloaded from Hard lessons: learning from the Charlie Gard case Dominic Wilkinson,1,2 Julian Savulescu1,3,4 1Faculty of Philosophy, Oxford On 24 July 2017, the long-running, deeply tragic have had no chance at all of securing the improve- Uehiro Centre for Practical and emotionally fraught case of Charlie Gard ment they desired). We have both disagreed about Ethics, University of Oxford, reached its sad conclusion (box 1). Following whether this harm threshold was reached, and Oxford, UK 2Newborn Care Unit, John further medical assessment of the infant, Charlie’s consequently whether Charlie's parents' request Radcliffe Hospital, Oxford, UK parents and doctors finally reached agreement that should have been granted.1 2 3Murdoch Childrens Research continuing medical treatment was not in Charlie’s Institute (Visiting), Melbourne, best interests. Life support was subsequently with- Australia DECISIONS FOR ADULTS VERSUS DECISIONS 4Melbourne Law School drawn and Charlie died on 28 July 2017. (Visiting), Melbourne, Australia Over the course of multiple hearings at different FOR CHILDREN: ALLOW ADULTS TO CHOOSE levels of courts in both London and Strasbourg, the TREATMENT FOR THEMSELVES EVEN IF Correspondence to Charlie Gard case has raised a number of vexed SUBOPTIMAL Professor Julian Savulescu, ethical questions (box 2). The important role of While there has been intense debate about whether Oxford Uehiro Centre for practical ethics in cases like this is to help clarify or not requested treatment should be provided to Practical Ethics, Oxford OX1 1PT, UK; the key concepts, identify central ethical questions, Charlie Gard, it is important not to extrapolate julian.