Skip to main content

Doctor, policeman and heart attack victim

There are three individuals stranded on an island, without radios and with no other way to contact the rest of the world and no one knows they are stranded on this island. The first individual is a doctor, and he has all the tools he needs for his practice with him. The second individual is a policeman, he has a gun, and all the other accoutrements of police work. The third individual is a heart attack victim.

Now, the heart attack victim is in a life and death emergency. The heart attack victim and the doctor have a long history of ill will with the doctor having been the victim of repeated threats and attempts on his life by the now heart attack victim. As a consequence, the doctor refuses to care for the heart attack victim and save his life. At this point, the police officer decides he must intervene: after all, if the doctor does nothing, the heart attack victim will die and this is almost tantamount to murder since the doctor has the capability to save the man's life but is refusing to act.

First, the polieman threatens to imprison the doctor if the heart attack victim dies. The doctor is unmoved by this threat. So, the policeman tasers the doctor in an attempt to force him to treat the heart attack victim... only a few minutes are left until the victim is unrecoverable. Finally, the policeman draws his pistol and places it to the doctor's head and threatens to shoot him if he will not treat the heart attack victim. The doctor still refuses.

Now, if the policeman fires, both men will die. If the policeman does not fire, the heart attack victim will die but the doctor will have gotten away with what the policeman sees as negligent homocide. After the heart attack victim dies, the policeman can place the doctor in handcuffs and imprison him, but to what avail? This will not bring back the heart attack victim to life.

I provide this illustration in order to ask the following question: Is the threat or use of violence against a doctor who refuses medical service to someone who is experiencing a medical emergency morally justified? Does it matter what reasons the doctor has for refusing (no reason, avoidance of legal liability, inability of victim of medical emergency to pay, etc.)? Note that I am not asking whether it is good or bad for a doctor to refuse medical care in this or that situation. Rather, I am asking is the threat or use of violence against a doctor justified in a situation where he or she is refusing medical care to someone in a medical emergency?

Please justify your answer either way.

Comments

Popular posts from this blog

The Constitution has gone to the dogs

Actually, it should have gone to the dogs, but didn't. I'm talking about  Leona Helmsley's estate , of course. The contract clause of the Constitution says, "No State shall ... pass any ... Law impairing the Obligation of Contracts..." This means that private contracts cannot be changed by legislative edict. This clause is incredibly important because the willingness of private individuals to engage in profitable enterprise - which is the foundation of social welfare - crucially depends on their belief that they can realize a profit. In turn, their belief that they can realize a profit depends on their belief that they can hold parties to a contract liable to the terms in the contract. For example, lenders must have confidence that they can repossess the collateral for a loan if the loan is defaulted on. Otherwise, they will not take the risk of giving the loan in the first place. When lenders are too scared to lend, everyone is worse off. In the case of Leona Hel...
So, I spent all weekend watching JFK assassination videos and doing armchair JFK assassination research. Here are my notes: 1) Most of the debate seems to rage around trying to get evidence or proof that JFK's assassination was a conspiracy. This is silly because it grants - from the outset - the bizarre assumption made by the official theories that political figures are as likely to die at the hands of "mad attention-seekers" as they are to be assassinated by their enemies who actually stand to benefit. How many people are insane enough to think that the electric chair is a fair trade for "being remembered" by history, even if in infamy? And of those people how many are resourceful enough to pierce the security perimeter of the President of the United States? Kennedy was threatened by Richard Pavlick in 1960 after Nixon lost the election and, by all accounts, Pavlick was a lone nut. But all we know of his "assassination attempts" are his own tall tale...

What Law Is

Law What is law? Frederic Bastiat, in his treatise The Law, defines law as the collective use of force. As much as I love Bastiat’s treatise, I think his definition is not sufficiently analytical. It is certainly the case that the law plays a role in the collective use of force but the law is something more basic than this. We can begin by looking at law as it is today. The website for the Oregon courts has an excellent summary [1] of modern law and courts. I will quote it at length: Throughout history, people have had disputes and have needed some means to settle their disputes. As civil societies develop, they need an orderly system of conflict resolution. One system that developed in "western" cultures is the "law court" or court of law. In England, those early law courts developed a "body of law" called the common law, which defined both the rights of the people and the government and the duties people owe each other and their government. T...