Playing God: Mary Must Die So Jodie May Live Longer
Lugosi, Charles I.
Issues in Law and Medicine 2001 Fall; 17(2): 123-165
In 2000, conjoined twins were born in England. What made this case unique was the fact that if the twins remained unseparated, medical opinion held they would die; if they were separated one twin would live, and one twin would die; the parents refused to consent to separation; and the hospital charged with their care brought the matter to court. The trial court and court of appeal approved of the surgery, which was promptly performed, resulting in the immediate death of the weaker twin. The author argues that there is no justification in law or morality for the courts' decisions, and that, in fact, the courts' decisions over-rule prior precedent and effectively divorced law from morality.
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