A Judge's Perspective: The New York Rulings
Law, Medicine and Health Care. 1991 Spring-Summer; 19(1-2): 60-62.
...We have repeatedly noted the limited utility of the common law process for resolving the many problems presented by the new technology. The courts can only decide the cases that actually come before them. But what is needed is a body of law which anticipates the problems and provides solutions before they arise so that those facing a crisis in the hospital do not also have to face a crisis in the courtroom. Only the legislature can do that by holding hearings to fully explore the medical, legal and moral implications of the advances in medical technology. Only the legislature can formulate guidelines and rules and speak to cases which have not yet come into the court and eliminate the legal uncertainty which only adds to the cost and anguish of those forced to make these painful medical choices....
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