The Saikewicz Decision: Judges as Physicians

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Abstract
IT is a fundamental canon of medical ethics that physicians should begin treatment only with the consent of the patient, except in emergencies, when they are expected to take appropriate lifesaving action on the patient's behalf even without consent. But what if the patient, because of age, illness or mental retardation, is incapable of giving consent and the decision involves starting (or stopping) therapy that could not be considered lifesaving, but could at best be expected only to prolong a terminal condition? The question is not far-fetched. Physicians face this kind of dilemma frequently.Traditionally, doctors responsible for the care . . .

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