Doe v. Wilson.

HELD: A fully competent adult patient in latter stages of amyotrophic lateral sclerosis (ALS) may successfully seek a declaratory judgment permitting her physician to disconnect life support without incurring criminal or civil liability. Jane Doe, a middle-aged farmer's wife, was hospitalized in 1984 suffering from advanced stages of amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease. Doe v. Wilson, No. 90-364-II, slip op. at 1-2 (Ch. Ct. Davidson County, Tenn. filed Feb. 12, 1990). ALS is a degenerative, fatal disease that attacks spinal cord, resulting in progressive loss of control of muscles of body and by increasing paralysis. Id. at 1. While paralysis progressively renders body useless, the mind typically remains clear until death. Id. Such was case with Jane Doe. At time of her hearing, Mrs. Doe was almost completely paralyzed, and though she could hear and understand speech, her ability to communicate had regressed to thumbs up or thumbs down responses. Id. at 2. She was also respiratory dependent. Id. While her physical condition was certain to deteriorate even more, her mental capacity remained keen and aware. Id. Faced with hopelessness of her situation, Jane Doe had requested, both personally and in writing, that her physician, Dr. James P. Wilson, disconnect her respirator. Id. Dr. Wilson would later testify that following such a directive would reduce Mrs. Doe's life expectancy to less than one-half hour. Id. Jane Doe was fully aware of consequences of respirator removal. Id. Jane Doe then sought a declaratory judgment that would permit Dr. Wilson to disconnect her respirator, as she had requested, without fear of prosecution or civil liability. Id. at 1. As a case of first impression in state of Tennessee, court heard oral arguments, conducted a bedside hearing, and considered an amicus brief submitted by state attorney general. Id. Chancellor Allen High began his consideration of matter by reviewing law concerning of a competent patient to decline medical treatment. Id. at 2-3. The court acknowledged long established common law right of a person to control his own body. Id. at 3. This had been extended to include declining medical lifesaving treatment in case of State v. Northern, 563 S.W.2d 197, 214 (Tenn. 1978). Slip op. at 3. Furthermore, this common law was embodied in Tennessee's will statute. (Tenn. Code Ann. $S 32-11-101.) Id. While Mrs. Doe had executed a living will, court found such an instrument to be ineffective because of her retained capacity to make decisions. …