Western New England Law Review Volume 9 9 (1987) Article 7 Issue 1 1-1-1987 DEATH AND THE MAGIC MACHINE: INFORMED CONSENT TO THE ARTIFICIAL HEART George J. Annas Follow this and additional works at: http://digitalcommons.law.wne.edu/lawreview Recommended Citation George J. Annas, DEATH AND THE MAGIC MACHINE: INFORMED CONSENT TO THE ARTIFICIAL HEART, 9 W. New Eng. L. Rev. 89 (1987), http://digitalcommons.law.wne.edu/lawreview/vol9/iss1/7 This Article is brought to you for free and open access by the Law Review & Student Publications at Digital Commons @ Western New England University School of Law. It has been accepted for inclusion in Western New England Law Review by an authorized administrator of Digital Commons @ Western New England University School of Law. For more information, please contact
[email protected]. DEATH AND THE MAGIC MACHINE: INFORMED CONSENT TO THE ARTIFICIAL HEARTt GEORGE J. ANNAS· INTRODUCTION Jay Katz introduces his remarkable and insightful book, The Si lent World of Doctor and Patient,1 by recounting a portion of Solzhenitsyn's Cancer Ward. 2 He describes an encounter between a patient, Oleg Kostoglotov, and his doctor, Dr. Ludmilla Afanasyevna. The doctor wanted to use experimental hormone treatment, but the patient refused. Katz argues that what made conversation impossible between them was the patient's undisclosed intention of leaving the hospital to treat himself with "a secret medicine, a mandrake root from Issyk Kul." He could not trust the doctor with this information because the doctor would make the decision for the patient in any event, because the doctor believed, "doctors are entitled to that right ..