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Legal Issues in Medicine
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Volume 330:1542-1545 May 26, 1994 Number 21
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Asking the Courts to Set the Standard of Emergency Care -- The Case of Baby K
George J. Annas

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Almost two decades ago, Dr. Franz J. Ingelfinger predicted that if physicians kept turning to the courts "to resolve essentially medical matters," the medical profession's unfortunate "dependence on the lawyer in reaching essentially medical decisions will continue"1. One can argue about what decisions are "essentially medical," but the trend that worried Dr. Ingelfinger has continued, and now physicians and a hospital have sought legal and judicial guidance about how -- and whether -- to treat an anencephalic infant known as Baby K.

Treating Baby K

Baby K was born by cesarean section on October 13, 1992, at Fairfax Hospital in Falls Church, . . . [Full Text of this Article]

The Opinion of the Trial Court

The Court of Appeals

Mixed Messages and Confused Roles

The Role of Medical Standards

What Should Be Done?

References


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