Brief Fact Summary. Saikewicz (Defendant) was incompetent from birth, and the issue arose as to whether he was required to receive lifesaving medical treatment.
Synopsis of Rule of Law. A person who is incompetent from birth is not required to receive lifesaving medical treatment.
Issue. Is a person who is incompetent from birth required to receive lifesaving medical treatment?
Held. (Liacos, J.)Â No.Â A person who is incompetent from birth is not required to receive lifesaving medical treatment.Â Principles of equity and respect for all individuals mandate that lifelong incompetent people have the opportunity that other citizens have to refuse medical treatment.Â Since an incompetent person cannot choose for himself, the state as parens patriae must try to assess, it its substituted judgment, that which is in the best interests of the incompetent person.Â When there is evidence that those interests are not served by providing lifesaving medical care, this care should not be mandated.Â This standard should be as subjective as possible, taking into account all relevant factors regarding the incompetent person.Â Here, the facts on the record support the proposition that Saikewicz (Defendant), if competent, would have refused treatment.
It is a right subject to at least four countervailing State interests: (1) the preservation of life; (2) the protection of interests of innocent third parties; (3) the prevention of suicide; and (4) the maintenance of the ethical integrity of the medical profession.View Full Point of Law