Legal Case Study: A Ouestion of Futllity-Baby K, 832 F. Supp. 1993). 1022(E.D.Va. the In this case, infant girl wasborn with the congenitalmalformation anencephaly which left only her brain stem functioning.This limited function allowed for a conshe tinuation of respirationbut the infant was permanendy unconscious; could not see,or interact with her environment.At birth the physiciansand an institutional ethics committee advisedthe mother that the use of a ventilator that had been put wasfutile and should be withdrawn.The mother into placeawaitinga firm diagnosis the resistedthese recommendationsand, becauseof the disagreement, hospital attempted to have the baby transferredto another hospital.'Whenno comprehensive d to a nursing home. the hospital would acceptthe transfer, infant was m the following the transfer, infant wasreadmittedto the hosoccasions On several pital and given ventilatory support.Although the hospital attempted to resistthese The court deterst provide the services. the courts held that they admissions, mined that to refuse care to the infant would be in violation of the Emergency Medical Treatment and Active Labor Act (EMTALA), a federal statuteconcerning the child abuse, Americans with DisabilitiesAct (ADA), the Rehabilitation Act of 7973, end parental decision-making rights as guaranteed by the Fourteenth Amendment to the Constitution. 1. How would you resolvethis dilemma? to is resources it reasonable require the hospitalto provide 2 . In a time of scarce seeminglyfutile services?

3 . How would you define futility? 4 . Read over the EMTALA statuteto seewhy the courts haveusedit to cover this case.

REVIEWEXERCISES
1. Respond to the idea that our current acceptance of a right to die, especially-for those who are unconscious and need a proxy decision maker, is a rather slippery slope that may in the furure be used not to proreciindividual autonomy or privacy but rather to serve as a facade to rid us of individuals whose lives we do not value. and deterrnine what is the appropriate Iegd and moral action. 2. Respond to the following cases a. Ms.Jones is brought into the hospital following an overdose of a variety of_prescription drugs. It is clear that this is a suicide attempt.While in the emergency room she was intubatJ and placed on a ventilator and later transferred to the intensive care.The following morning she begins to awaken but is angry with the health care providers for interfering with her decision to end her life.