Bibliography

Primary Sources

Blackmun, Harry. Roe v. Wade. Accessed November 27, 2010. http://americanhistory.abc-

clio.com/Search/Display/254990?terms=medical+controversies.

This source is the ruling of Justice Blackmun in the Supreme Court case Roe v. Wade.
This court case was one of the most controversial and far-reaching decisions of the 20th century
because it lead to several pressing issues with the idea of legal abortion because the state was
concerned for the safety of the mother and of the prenatal birth. This decision lead to
amendments in the federal law regarding abortion, and now the state has power based on which
trimester a pregnant women is in. This source allowed us to take a look at another controversial
issue known as abortion, which is still being debated today.

Brennan, William J. Eisenstadt v. Baird (1972). Accessed November 28, 2010.

http://americanhistory.abc-clio.com/Search/Display/254229?terms=medical
%20controversies.

This source represents the ruling of Supreme Court Justice William J. Brennan for the
case Eisenstadt v. Baird. This case revolved around the issue of the possession of contraception
and it established the right for unmarried people to possess contraception on the same basis that
married couples were given. We used this source to show the amount of controversy was with
such a small topic like the possession of contraception. This source helped us understand the
extent to which medical controversies occurred in the 1970’s and 1980’s.

Budetti, Peter P., Edward E. Bartlett, Helen T. Bartlett, and Teresa M. Waters. Medical
Malpractice Law in the United States. Accessed November 27, 2010.
http://www.kff.org/insurance/upload/Medical-Malpractice-Law-in-the-United-States-
Report.pdf.

This research report is from the Kaiser Family Foundation that talks about the changes in
medicine malpractice law since the 1970’s. The report talks about how there has been a steady
increase in the amount of insurance claims and how there are more and more appeals to the
supreme court about medical controversies such as issues regarding life-sustaining treatment. We
used this source to show how the law has changed from 1970, and how the court cases become
more and more personal towards whether the patient should be allowed to live or not. This
source helped us map out the change that the United States has gone through as a result of these
medical controversies that occur.

Chief Judge Wachtler. Fosmire v. Nicoleau. Accessed December 5, 2010.

http://jehovah.to/gen/legal/blood/fosmire2.htm.

This source describes the case Forsmire v. Nicoleau in 1990 in the Court of Appeals of
New York. This case revolved around the issue of whether treatment should be given, after a
patient has made a decision to deny all treatment even when it depends on the survival of that
patient. This case also involved religious influence when making a decision about life-sustaining
treatment. This court case helped us further understand the religious controversy that arouse with
the treatment. We used this source to describe how religion can cause several problems with the
process of medical treatments.

Court of Appeals California. Bouvia v. Superior Court. Accessed December 5, 2010.

http://www.lawlink.com/research/caselevel3/63073.

This source describes the event of the court case Bouvia v. Superior Court. This case was
about Elizabeth Bouvia, a completely mentally competent yet quadriplegic and incapable to do
anything on her own. Unable to financially support herself, she came to the conclusion that she
would have the hospital assist her in ending her own life by starving herself. The court denied
this, and Bouvia ended up suing the hospital staff. Eventually the court continued to deny
Bouvia’s request because her prognosis justified the state’s interest in preserving her life. We
used this source as an example to show how sometimes the court can over rule a patient’s
request, even if the patient has the right to decide his/her treatment. This source helped us
understand the controversy of when the court denies a patient’s request regarding medical
treatment.

Douglas, William O. Grisworld v. Connecticut (1965). Accessed November 27, 2010.

http://americanhistory.abc-clio.com/Search/Display/254364?terms=medical
%20controversies&webSiteCode=SLN_AMHIST&returnToPage=/Search/Display/2543
64%3fterms
%3dmedical+controversies&token=086450B79ACF12C4A648D9D738C3D422&casErr
or=False.

This document is the Mr. Justice Douglas’s ruling of the Supreme Court Case Grisworld
V. Connecticut in 1965. This case was on the issue of whether the use of any birth control device
was legal or not. It involved the Connecticut law that prohibited the use of contraceptives as a
method of birth control. Eventually the Supreme Court invalidated the law on the grounds that it
violated the right to marital privacy. We used this source to describe the different types of
medical controversies which included birth control. This source helped us understand the
different types of medical controversies that had been argued in court. It made us realize that the
Constitution was open to interpretation and that each ruling had been made based on a different
interpretation of the constitution.

Haber, Joram Graf. “In re Storar: Euthanasia for Incompetent Patients, a Proposed Model.” Pace
Law Review 3, no. 2 (Winter 1983): 351-374. Accessed December 5, 2010.
http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1641&context=plr.

This source is an article written to review the ruling of the “In re Storar” court case of
1983 and the ruling that resulted from the case. This court case was about a similar controversial
issue of whether one can withhold medical treatment from an incompetent individual. The case
resulted in a ruling that allowed the treatment to be withdrawn, because it was said that the
patient while being competent, had said that he did not want his life to be prolonged artificially.
This court case was different from the others because it involved a catholic organization,
bringing with it a religious perspective to the field of medicine. This case helped our
understanding of the topic because it brought a religious insight in to the field of medicine. We
used this source to portray an example of when religion takes part in medicinal controversies.

“The Hippocratic Oath: Classical Version.” PBS. Accessed January 23, 2011.
http://www.pbs.org/wgbh/nova/doctors/oath_classical.html.

This primary source is a direct translation of the Hippocratic Oath from Greek to English.
This oath was believed to be written by Hippocrates, known as the Greek father of medicine. It
was not till the 1960’s when this oath was rewritten to the modernized version. Reading this
source allowed us to look at what kind of ethics were present in medicine before the 20th
century. It helped us deduce that in the old days, medical philosophy was geared towards the
doctor. The oath talks about several things that the doctor is forbidden from doing, and certain
things that he is obligated to do. It mentions no where about the welfare of the patient. This
source helped us mark the transformation of medical ethics from being geared towards doctors,
to being geared towards the patients.

“The Hippocratic Oath: Modern Version.” PBS. Accessed January 23, 2011.
http://www.pbs.org/wgbh/nova/doctors/oath_modern.html.

This primary source is the modernized version of the Hippocratic Oath, written by Louis
Lasagna, Academic Dean of the School of Medicine at Tufts University in 1964. The
modernized version of the Hippocratic Oath is radically different from the original version. The
modern version is geared towards the patients’ welfare rather than the do’s and don’ts for the
doctors. This source allowed us to see the differences in the purpose for medicine before the 20th
century and after the 20th century. It assisted us in understanding the change in medical
philosophy throughout United States history.

New York Court of Appeals. Live or Let Die; Who Decides an Incompetents Fate? In re Storar
and In re Eichner. Accessed December 5, 2010.
http://lawreview.byu.edu/archives/1982/2/bat.pdf.

This source is a case analysis of two highly controversial cases: “In re Storar” and “In re
Eichner.” This two cases revolved around the controversial issue of who has the right to make
decisions about an incompetent patient on his/her behalf. This analysis helped us understand the
smaller examples of issues about decision making for incompetent patients. We used this source
to show examples of court cases that involved treatment of incompetent patients.

Rehnquist, William. Cruzan v. Director of Missouri Department of Health (1990). Accessed

December 5, 2010. http://americanhistory.abc-clio.com/Search/Display/254128?
terms=in+re+storar.

This source is a direct opinion of Supreme Court Chief Justice Rehnquist on the case
Cruzan v. Director of Missouri Department of Health. This case was significant because it
involved the validity of a patient’s statement when deciding whether to accept treatment or not.
We used this source to delineate examples of a medical controversy. This source helped us
further understand the debate and controversy that occurs when there are issues with the validity
of a patient’s statement regarding his/her treatment.

Secondary Sources

Angell, Marcia. “The Case of Helga Wanglie: A New Kind of ‘Right to Die’ Case.” The New
England Journal of Medicine. Accessed December 5, 2010.
http://www.psy.vanderbilt.edu/courses/hon182/Angell--Wanglie.pdf.

This source is a journal article written about the case with 86-year old Helga Wanglie.
This case was about how the Wanglie family wanted to continue Helga Wanglie on a respirator
even though she was not responding and the hospital believed that it was not appropriate for her
condition. This case gave us a different point of view on medical controversies because normally
in the past, it is the families who want to remove life-sustaining treatment. This case gave us a
situation where the sides were the exact opposite.

“The Animal Rights Debate - History of The Animal Rights Debate.” libraryindex.com.
Accessed December 6, 2010. http://www.libraryindex.com/pages/2158/Animal-Rights-
Debate-HISTORY-ANIMAL-RIGHTS-DEBATE.html.

This source talks about a the medical issue of animal testing which is not talked about
people but is highly debated amongst physicians and animal rights activists. This source talks a
lot about the history of how animal rights came into play in the medical world and how animal
testing has continued to be emphasized even today. This source helped us understand that there
are controversial issues in the medicine world that do not apply to humans such as animal
testing. We used this source to portray another aspect of medical controversies that is completely
different from humans.

BBC News. “Past NHS Medical Controversies.” April 2, 2006. Accessed December 6, 2010.
http://news.bbc.co.uk/2/hi/programmes/panorama/4852340.stm.

This source provides us with a small description of past medical controversies where
physicians have been convicted and charged with counts of murder. We used this source to show
that even though the supreme court has control over an issue, there are still the possibility of
consequences such as death as shown in this article. This source helped us understand the gravity
and seriousness of a medical controversy, because if taken the wrong way, there can be sever
consequences and many lives can be lost.

Behuniak, Susan M., and Arthug G. Svenson. Physician-Assisted Suicide: The Anatomy of a
Constitutional Law Issue. Vol. 14. Maryland: Rowman & Littlefield Publishers, Inc.,
2003. Accessed December 5, 2010.
http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/behuniak-svenson104.htm.

This source provided us with a detailed breakdown of all the factors that are consisted of
in a Physician-Assisted suicide. This book reviewed the laws and several cases that involved
debate on whether physician-assisted suicide was a crime in the hospital or not. This book
allowed us to look at all the ethical and moral issues that are included in the debate on physician
assisted suicides. We used this source to examine all the different factors that are involved with
medical controversies.

Colgrove, James, and Ronald Bayer. “Could It Happen Here? Vaccine Risk Controversies and
the Specter of Derailment.” Health Affairs 24, no. 3: 729-739. Accessed December 6,
2010. http://www.mailman.columbia.edu/sites/default/files/Could%20It%20Happen
%20Here%20Colgrove%20Bayer.pdf.

This source is a journal article that questions whether vaccinations will become a medical
controversy in the future. It states the fact that the 1970’s and the 1980’s were the prime time
when anti-vaccination leagues and anti-vaccination organizations took control and protested
against vaccinations. Many of these organizations were based off religious beliefs about how
vaccinations were unethical and morally wrong. This source provided us with insight on how
religion and medicine have clashed throughout history. It helped our understanding with the
history of vaccines and how the vaccination of a person is such a controversial topic.

“Court and the End of Life - Substituted Judgement.” LibraryInded. Accessed December 6,
2010. http://www.libraryindex.com/pages/583/Court-End-Life-SUBSTITUTED-
JUDGMENT.html.

This website augemented our research on the Saikewicz Supreme Court case in 1977. It
gave us a new angle on the case and further analysis on its controversy. The Supreme Court
decided that “subsituted judgement” would be the best policy in such matters. This policy is
allowing the court to step into the shoes of the incompetent patient and make an educated
decision for him/her. However, the court rejected a proposal for an ethics committee to make
such a decision, and instead left the responsibility of deciding the fate of a vegetative or
incapapble patient in their own hands. In another case, the case of a mentally retarded man, John
Storar, in 1981, the court ruled that a parent or guardian could not deprive a child of a life-saving
treatment, but that their decision on the medicine for their children will be respectfully taken into
account by the court.

DiSomma, Anthony V. “Gray v. Romeo.” Issues in Law & Medicine 4, no. 4 (Spring 1989): 535-
540. Accessed November 27, 2010. http://find.galegroup.com/gps/infomark.do?
&contentSet=IAC-
Documents&type=retrieve&tabID=T002&prodId=IPS&docId=A7476984&source=gale
&srcprod=SRCG&userGroupName=sara98049&version=1.0.

This article is an analysis and a brief description of what happened during the court case
of Gray v. Romeo which involved the health care of Marcia Gray, a patient in a vegetative state
on feeding apparatuses. The issue was that her family believed that she was not going to awake
from the coma, thus her feeding should be ceased and she should just be left to die. On the other
hand the hospital believed that it was unethical to stop feeding a patient. This controversy lead to
the case of Gray v. Romeo in Rhode Island Supreme Court. I used this source as an example of a
possible medical issue, and the parties that are involved with the decision. It helped me
understand all the different opinions on whether a person in vegetative state should be kept on
life support or not.

Hafemeister, Thomas L., Ingo Keilitz, and Steven M. Banks. “The judicial role in life-sustaining
medical treatment decisions.” Issues in Law & Medicine 7, no. 1 (Summer 1991): 53-72.
Accessed November 27, 2010. http://find.galegroup.com/gps/infomark.do?
&contentSet=IAC-
Documents&type=retrieve&tabID=T002&prodId=IPS&docId=A11039576&source=gale
&srcprod=SRCG&userGroupName=sara98049&version=1.0.

This journal article is an analysis about the factors that make up a Life-sustaining
Medical Treatment case, and its decision. This article describes the legal, medical and ethical
aspects of initiating, maintaining and withdrawing life-sustaining medical treatment. I used this
article to describe the magnitude of the situation when controversy arises, during medical
treatment. This article helped me understand the factors that the court takes into account when
making a ruling on such medical controversies.

“History of Anti-Vaccination Movements.” The History of Vaccines. Accessed December 6,

2010. http://www.historyofvaccines.org/content/articles/history-anti-vaccination-
movements.

This source is a website that illustrates the history of the controversial issues with
vaccines in the United States. This source talked about the many issues that people had with the
presence of vaccines and therefore created anti-vaccination leagues to protest against the use of
vaccines. This source provided us with information about the controversies that came about with
the invention of vaccines. It helped us look at another aspect of medical controversies. because
many people had religious issues, about vaccines because in the 1960’s there was no promise
that they would help our immune system.

“Medical changes from 1945.” History Learning Site. Accessed December 6, 2010.
http://www.historylearningsite.co.uk/medical_changes_from_1945.htm.

This source is a website that exhibits the changes throughout medicine from 1945. It
shows how ideas such as birth control pills, and euthanasia and other drugs that came about
which also lead to several medical controversies. We used this website to look at the origin of
issues like euthanasia and controversies about abortion. This source helped us further understand
the beginning of these controversial issues and lead us to uncover how these began hot topics in
court.

Medscape Today. “Euthanasia and PAS.” August 1, 2001. Accessed December 6, 2010.
http://www.medscape.com/viewarticle/409026_2.

This source is an article that talks about two of the most controversial medical topics:
euthanasia and physician-assisted suicide. Euthanasia is the term used when a patient voluntary
asks the physician to end his or her life This article provided us with a better understanding as to
the terminology and what is considered a physician-assisted suicide and what is not. We used
this article to categorize the different court cases that occurred throughout the 1970’s and 80’s
and figure out which one was truly an issue of euthanasia and physician assisted suicide.

“Patient Refusal Therapy.” Christian Medical and Dental Assistance. Accessed December 6,
2010.
http://www.cmda.org/wcm/CMDA/Issues2/Healthcare1/General_Healthcare/Ethics_State
ments8/Patient_Refusal_of_T.aspx.

This source, demonstrates the religious point of view on the issue of patient refusal of
therapy. In this specific source, the religion of Christianity is examined. This source shows how
there will always be clash between religion and science because both fields have radically
interests, which are almost always the exact opposite of each other. This source provided us with
insight on what type of religious beliefs cause controversy in the medicine realm. This source
helped us understand the religious beliefs that clash with medicine and prevent science from
moving forward.

“Refusing and Withdrawing Medical Treatment - Historical Background.” JRank. Accessed

December 6, 2010. http://medicine.jrank.org/pages/1449/Refusing-Withdrawing-
Medical-Treatment-Historical-background.html.

We get a taste of an interesting medical background in general of the second half of the
20th century. More and more people started to question the Hippocratic ideal in which an
experienced doctor directed the course of a patient’s care. Instead, patients were no longer ok
with doctors holding control over their medical treatments. As a result, a string of legal and
ethical court cases emerged in the 60s and 70s. This website cites several influential medical
cases of the era, one being the Quinlan case of 1976. In this ruling, it was decided that the patient
or family could stop the treatment even if the doctor felt it unwise or detrimental to the patient’s
health to do so. It seems that more power is given to those under treatment instead of the
professionals themselves.

Reiser, Stanley Joel, Arthur J. Dyck, and William J. Curran, eds. Ethics In Medicine: Historical
Perspectives and Contemporary Concerns. Cambridge, MA: MIT Press, 1977.

This anthology gave us a perspective of the type of philosophy and ethics that was
utilized in the medicine field in the late 1900’s. This anthology was divided into eight specific
sections involving the Hippocratic Oath, the ethical relationship between physicians and patients,
rights and priorities of medical care, and the moral bases of medical ethics. The anthology also
provided us with a list of cases where there were specific moral dilemnas between the physician
and the patient. This source helped us understand the components of medical ethics and on what
basis a physician makes a decision regarding the treatment of his or her patient.

Review of Cruzan v. Director, Missouri Dept. of Health (1990). Information Please. Accessed
December 6, 2010. http://www.infoplease.com/us/supreme-court/cases/ar08.html.

This exposure of the 1990 Cruzan v. Director case exemplifies previously seen
information because it provides a clear rationale for the court’s decision and the constitutional
issues within the case. The question presented in this case is who should decide if Ms. Cruzan
should be withheld from medical treatment. Is it the family, doctor, or the court? In the end, the
court ruled in favor of Missouri state’s interest in keeping her alive as opposed to her family’s
desire to end her vegetative state and allow her to die. The Court claimed they were justified
because Ms. Cruzan did not leave “clear and convincing” evidence that she wanted her feeding
tubes removed. One Justice who dissented from the ruling, stated that Ms. Cruzan’s future
should be decided by family (those that have her best interests at heart), instead of the state
legislature, who does not know her nearly as well.

Smith, Matthew. “MMR, autism and the history of medical controversies.” History & Policy.
Accessed November 27, 2010.
http://www.historyandpolicy.org/opinion/opinion_48.html.

This source was an article written by Matthew Smith who criticized the removal of
Andrew Wakefield from the General Medical Council because of his research into a possible link
between the Measles Vaccine and autism. The Council believed that he had not provided
sufficient evidence for his controversial theory, and that the research he did conduct was
unethical. I used this source to describe the reasons behind medical controversies.It helped me
understand the cause for controversy during a medical idea, whether it is unethical, religiously
incorrect, or there are ambivalent ideas.

Standler, Ronald B. Annotated Legal Cases Involving Right-to-Die in the USA. Accessed
November 27, 2010. http://www.rbs2.com/rtd.pdf.

This source contains a list of 5-6 annotated court cases regarding issues about life-
sustaining treatment, or the “right-to-die” as stated in the source. This source provides facts and
details about each court case, and thoroughly explains each decision in the ruling. This source
helped us identify some major court cases during the 1970’s and 1980’s that involved issues with
life-sustaining treatment. We used this source to provide examples of court cases that involved
major medical controversies.

———. Annotated Legal Cases on Physician-Assisted Suicide in the United States. Accessed
December 5, 2010. http://www.rbs2.com/pas.pdf.

This website gave several court cases that involved the issue of whether a physician is
allowed in assisting suicide, if the patient desires it. Sometimes there is controversy between the
say of the patient and the family which leads to legal issues, and supreme court cases. This
source helped us with understanding the process of a a supreme court case involving physician-
assisted suicide. We used the annotated cases provided by this source, to depict the debate and
controversy that happened in the world of medicine during the 1970’s and 1980’s.

“Suicide and Ethical Aspects Assisted Suicide - The Public Debate over Physician-Assisted
Suicide.” Medicine Encyclopedia. Accessed December 6, 2010.
http://medicine.jrank.org/pages/1705/Suicide-Assisted-Suicide-Ethical-Aspects.html.

This source talked in detail about the debate over euthanasia. This source talks about
several populist movements that occurred during the 1970’s and 1980’s dedicated to enhancing
the autonomy and well-being of terminally ill patients. This source provided us with information
on why people disagreed with the idea of euthanasia. This source helped us further understand
the morals and the ethics about euthanasia and physician-assisted suicide.

Temkin, Owsei. Galenism : Rise and Decline of a Medical Philosophy. New York: Cornell
University Press, 1973.

This book describes a type of philosophy called Galenism. Galenism was one of the first
philosophies created for the practice of medicine. This book describes the rises and falls of
Galenism and the controversies that arose with the policy. This book helped us understand one of
the foundations of medicine and treatment. We used this book to portray how there was a
significant change in medical philosophy during the late 1900’s.

Veatch, Robert M. “How Philosophy of Medicine has Changed Medical Ethics.” Journal of
Medicine and Philosophy 31, no. 6 (December 2006): 585-600. Accessed December 6,
2010. http://www.informaworld.com/smpp/section?
content=a768169827&fulltext=713240928.

This source is a journal article that describes how the ideals of medicine have changed
the ethical issues that arise during practice. This source mentions a fair amount of detail about
each medical issue that has arisen in the past including, competent and incompetent patients, the
abortion technology and many more. This source helped us understand more about the
philosophy of medicine and the different interpretations. It helped us realize that when making
final decisions about patients doctors must take into consideration certain facts about the patients
such as their mental health, physical health, and other factors. We used this source to show the
inner concepts of medical ethics.

———. Medical Ethics. 2nd ed. Mississauga, ON, Canda: Jones and Bartlett Publishers Canada,
1989.

This source was a book that gave details about every single medical controversy that has
arrived in the past from euthanasia, and organ donations to the theory of liability and the duty of
disclosure. This book provided us with key information that was used in cases about the medical
rights of an incompetent patient. This book helped us understand the idea of medical
controversies further because it gave specific details about which situation is considered which
type of medical issue. This book furthered our understanding because it mentioned all the ethics,
and morals that factor into a medical controversy.