Deciding life and death in the courtroom. From Quinlan to Cruzan, Glucksberg, and Vacco--a brief history and analysis of constitutional protection of the 'right to die'

This article analyzes judicial determinations on the "right to die" from Quinlan to Cruzan, Glucksberg, and Vacco. The body of law known as right-to-die cases extends ordinary treatment refusal doctrine to end-of-life decisions. The courts, having affirmed a right to refuse life-sustaining treatment, held that certain categorical distinctions that had been drawn lacked a rational basis. No rational distinction could be made between competent vs incompetent patients, withholding vs withdrawing treatment, and ordinary vs extraordinary treatment. The courts, however, had persistently affirmed one categorical distinction: between withdrawing life-sustaining treament on the one hand and active euthanasia or physician-assisted dying on the other. In Washington v Glucksberg and Vacco v Quill, the Supreme Court unanimously held that physician-assisted suicide is not a fundamental liberty interest protected by the Constitution. Notably, five members of the Court wrote or joined in concurring opinions that took a more liberal view. The Court powerfully approved aggressive palliation of pain. The Supreme Court, hinting that it would find state legalization of physician-assisted suicide constitutional, invited the nation to pursue an earnest debate on physician assistance in the dying process.

Eugenics and public health in American history

Supporters of eugenics, the powerful early 20th-century movement for improving human heredity, often attacked that era's dramatic improvements in public health and medicine for preserving the lives of people they considered hereditarily unfit. Eugenics and public health also battled over whether heredity played a significant role in infectious diseases. However, American public health and eugenics had much in common as well. Eugenic methods often were modeled on the infection control techniques of public health. The goals, values, and concepts of disease of these two movements also often overlapped. This paper sketches some of the key similarities and differences between eugenics and public health in the United States, and it examines how their relationship was shaped by the interaction of science and culture. The results demonstrate that eugenics was not an isolated movement whose significance is confined to the histories of genetics and pseudoscience, but was instead an important and cautionary part of past public health and a general medical history as well.

Under the shadow of Tuskegee: African Americans and health care

The Tuskegee Syphilis Study continues to cast its long shadow on the contemporary relationship between African Americans and the biomedical community. Numerous reports have argued that the Tuskegee Syphilis Study is the most important reason why many African Americans distrust the institutions of medicine and public health. Such an interpretation neglects a critical historical point: the mistrust predated public revelations about the Tuskegee study. This paper places the syphilis study within a broader historical and social context to demonstrate that several factors have influenced--and continue to influence--African American's attitudes toward the biomedical community.

Legal history of emergency medicine from medieval common law to the AIDS epidemic

The early development of legal obligation in emergency medicine is traced through medieval English common law to the first stages of American law after Independence. An identifiable set of legal principles in the nineteenth and early twentieth centuries is described. The movement away from an absence of legal and ethical duties to answer any emergencies, or to offer any emergency services in hospitals, toward a growing demand for access to emergency services in the middle decades of the twentieth century is reviewed. The enactment of Good Samaritan Laws is described, along with other federal and state law reforms. In the modern era, there has been a substantial legal and ethical change to a requirement of extensive duties to operate open-admission emergency services in virtually all acute-care hospitals. The AIDS epidemic is utilized as a case example of expanded legal and ethical duties to offer emergency care in a nondiscriminatory manner to all patients presenting at hospital emergency departments.

The federal government's use of Title VI and Medicare to racially integrate hospitals in the United States, 1963 through 1967

Explicit discrimination against minorities existed in the 1960s in hospital patient admissions and physician and nurse staff appointments. With passage of the Civil Rights Act of 1964, along with Medicare legislation in 1965, civil rights advocates within the federal government had both a legislative mandate to guarantee equal access to programs funded by the federal government in Title VI and a federal program that affected every hospital in the country in Medicare. This study was conducted to determine the extent to which the Medicare hospital certification program was a major determinant in the racial integration of hospitals throughout the United States. In-depth interviews were conducted with individuals involved in hospital and health care policy in the 1950s and 1960s. Other primary resources include archival and personal manuscripts, government documents, newspapers, and periodicals.

What would a socialist health care system look like? A sketch

In this paper I argue that, since institutions must reflect the societies in which they are placed, a socialist health-care system cannot be understood unless democratic socialism--which would assure all of basic necessities of existence, full education and health-care to all members of the community--is not incompatible with a flourishing market for other products. In contrasting single with multiple tiered health care systems, I suggest that a single tiered system in which all have equal access to health care and none can buy more, is most consistent with the ideals of democratic socialism.

Advance directives outside the USA: are they the best solution everywhere?

This article evaluates the potential role of advance directives outside of their original North American context. In order to do this, the article first analyses the historical process which has promoted advance directives in recent years. Next, it brings to light certain presuppositions which have given them force: atomistic individualism, contractualism, consumerism and entrepreneurialism, pluralism, proceduralism, and "American moralism." The article next studies certain European cultural peculiarities which could affect advance directives: the importance of virtue versus rights, stoicism versus consumerist utilitarianism, rationalism verus empiricism, statism versus citizens' initiative, and justice versus autonomy. The article concludes by recognising that autonomy has a transcultural value, although it must be balanced with other principles. Advance Directives can have a function in certain cases. But it does not seem adequate to delegate to advance directives more and more medical decisions, and to make them more binding everyday. It is indispensable to develop other decision-making criteria.

Biological weapons control. Prospects and implications for the future

The Biological and Toxin Weapons Convention (BWC), which prohibits the acquisition of biological materials for hostile purposes and armed conflict, entered into force in 1975 and now has the participation of 140 nations (158 nations have signed the BWC, but only 140 of these have also ratified it). However, there is no monitoring mechanism associated with the BWC. Diplomatic efforts are now under way to create a supplemental, legally binding protocol to strengthen the convention. Measures to strengthen the BWC are analogous to the diagnostic processes familiar to physicians; the problem facing negotiators is to identify procedures with high positive and negative predictive value. Few proposed measures meet these criteria. However, the investigation of unusual disease outbreaks and allegations of use are highly diagnostic of illicit activities while avoiding false-positive accusations. At the same time, such information generated by the BWC can contribute to worldwide efforts to improve public health, control emergent disease, and establish an international norm against biological weapons proliferation.

The new Italian code of medical ethics

In June 1995, the Italian code of medical ethics was revised in order that its principles should reflect the ever-changing relationship between the medical profession and society and between physicians and patients. The updated code is also a response to new ethical problems created by scientific progress; the discussion of such problems often shows up a need for better understanding on the part of the medical profession itself. Medical deontology is defined as the discipline for the study of norms of conduct for the health care professions, including moral and legal norms as well as those pertaining more strictly to professional performance. The aim of deontology is therefore, the in-depth investigation and revision of the code of medical ethics. It is in the light of this conceptual definition that one should interpret a review of the different codes which have attempted, throughout the various periods of Italy's recent history, to adapt ethical norms to particular social and health care climates.

Enemies of the people: the moral dimension to public health

This essay explores the effects of morality on health policy. Moral images and stereotypes, I argue, have powerful political consequences. They are the differences between fighting poverty and fearing the poor, between expanding social welfare programs and cracking down on crime, between public health campaigns and drug wars. I begin by locating morality within traditional paradigms of American politics (which are designed to overlook the issue); I then suggest how moral stigmas are constructed; show how they are deployed in debates over public health issues, such as alcohol abuse and drug addiction; and briefly sketch an alternative approach to defining community and seeking public health.

Industrial action by nurses: the Italian situation

Those who want to know anything about strike action by Italian nurses will find very little written about it. This contribution intends to show that, whatever they are prepared to admit, Italian nurses are not used to strike action because they mostly think of their profession as a form of mission. Even if we could agree with the idea of nursing as a profession subscribing to an ideal of service, we have to distinguish between a real profession and philanthropic work; vocational motivation is not enough to make a good professional. Historically, nurses perceived strikes as contradictory to human need and action; patients must never be left alone. However, Italian nurses are now interested in a dramatic transformation of many aspects of their professional life, becoming conscious of the duty to protect themselves from every kind of exploitation, even if the typical idealism and dedication of nurses makes them vulnerable.

Not just a labour of love: industrial action by nurses in Australia

Deciding to take industrial action or go on strike has been an issue of great concern for nurses. While it is typical for most groups of workers to undertake industrial action in the pursuit of better wages and working conditions or improved quality of services, historically, nurses have found this a difficult course to pursue. Frequently, nurses have been caught between acceptance of themselves as ordinary workers and a professional model, which has carried with it the implication that a profession does not engage in industrial action (although, in reality, professions, including medical practitioners, have undertaken industrial action). Nurses in Australia have gone on strike, although widespread industrial action was not undertaken until the 1980s, when lengthy industrial campaigns, including strikes, were used in an effort to achieve enhanced status for the profession, improved career paths and increased salaries. While debate remains about the efficacy of this course of action, large numbers of nurses have been involved in these campaigns. Significant changes in salaries and status were achieved in the 1980s.

Is research into ethnicity and health racist, unsound, or important science?

Much historical research on race, intelligence, and health was racist, unethical, and ineffective. The concepts of race and ethnicity are difficult to define but continue to be applied to the study of the health of immigrant and ethnic minority groups in the hope of advancing understanding of causes of disease. While a morass of associations has been generated, race and ethnicity in health research have seldom given fundamental new understanding of disease. Most such research is "black box epidemiology." Researchers have not overcome the many conceptual and technical problems of research into ethnicity and health. By emphasising the negative aspects of the health of ethnic minority groups, research may have damaged their social standing and deflected attention from their health priorities. Unless researchers recognise the difficulties with research into ethnicity and health and correct its weaknesses, 20th century research in this subject may suffer the same ignominious fate as that of race science in the 19th century.