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8 Rutgers-Cam L.J. 37 (1976-1977)
In Re Quinlan: A Synthesis of Law and Medical Technology

handle is hein.journals/rutlj8 and id is 53 raw text is: IN RE QUINLAN: A SYNTHESIS OF LAW AND MEDICAL TECHNOLOGY* William F. Hylandt David S. Baimett I. INTRODUCTION Today, in every hospital in the country, a shadowy community exists comprised of phantom beings tenaciously clinging to worldly existence. Sharing the attributes of both life and death, they form a new generic class of existence. The startling progress that has taken place in medical science and technology has obliterated the distinction between life and death and raised serious questions regarding the care and treatment of these unfortunate people. The decision of the New Jersey Supreme Court in In re Quinlan1 demonstrates, however, that legal principles have not kept pace with advances in medical science. When the Quinlan litigation was com- menced two questions were presented. The first issue concerned the role of the law in defining life and death; the second revolved around the practice of antidysthanasia.2 A pretrial concession made unnec- essary a decision with respect to judicial recognition of modern medical theories concerning the time and occurrence of death.' Nevertheless, both issues have aroused great public interest and concern, and it is upon these questions that this article focuses. A brief factual recitation of the Quinlan case is necessary at the outset of the discussion. Karen Ann Quinlan was admitted to the * The authors wish to thank Deputy Attorney General John DeCicco and Deputy Attorney General Daniel L Grossman for their invaluable assistance. f Attorney General of the State of New Jersey. B.S., University of Pennsylvania; LL.B., University of Pennsylvania Law School. i Assistant Attorney General, Appellate Section, Division of Criminal Justice. B.A., American University; J.D., Cornell Law School. 1. 70 N.J. 10, 355 A.2d 647 (1976), rev'g 137 N.J. Super. 227, 348 A.2d 801 (Ch. 1975). 2. See Complaint, In re Quinlan, 70 N.J. 10, 355 A.2d 647 (1976). 3. At a pretrial conference, petitioner conceded that, under any definition of death, Karen was legally and medically alive. See 70 N.J. at 20, 355 A.2d at 652. 4. For a more detailed factual background see 137 N.J. Super. at 236-50, 348 A.2d at 806-14.

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