Article on Don’t Pull the Plug on Bioethics Mediation: The Use of Mediation in Health Care Settings and End of Life Situations
Amy Moorkamp recently published an Article entitled, Don’t Pull the Plug on Bioethics Mediation: The Use of Mediation in Health Care Settings and End of Life Situations, J. Disp. Resol. (2017). Provided below is an abstract of the Article:
Theresa Marie “Terri” Schiavo was a woman who suffered cardiac arrest in 1990 which left her in a persistent vegetative state.1 Terri Schaivo’s case made headlines in 2005 in a well-publicized right-to-die case. The controversy festered in the clashing of opinions voiced from both Schaivo’s husband (her legal guardian) and Schaivo’s parents. Schaivo’s husband argued that his wife would not have wanted prolonged artificial life support without the prospect of recovery, and advocated for removal of her feeding tube. Conversely, Terri Schaivo’s parents advocated for a continuation of artificial nutrition and hydration for their daughter. This well-documented conflict amounted to an array of legal challenges, ultimately involving state and federal politicians alike, including President George W. Bush. The result was a seven-year delay before eventual removal of Terri Schaivo’s feeding tube.
A hefty decision, such as the life or death of a loved one, requires more than a few minutes of deliberation and a handful of outside consultations. Delicate, emotional, and potentially contentious medical decisions compel a structured, compassionate approach to produce quality and well-informed results. Due to the magnitude of the decision being made, as well as the abundance of other considerations, (emotional, religious, historic, financial, etc.) the case for a creative, problem-solving process of dispute resolution, such as mediation, is ripe.
This Comment will explore the use of mediation in bioethical disputes. In Part II, the Comment will give an overview of bioethics and examine its inherent nuances and complexities. Part III will examine mediation and its application in healthcare settings. Finally, Part IV will advocate for increased use of mediation in bioethics disputes in recent, applicable scenarios and cases.
Special thanks to Stacie Strong, Manley O. Hudson Professor of Law, for bringing this article to my attention.