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The “duty to die” argument

Five Days at Memorial

The “duty to die” argument asks whether a person should relinquish life-prolonging treatment so that medical resources, money, or social capacity can be directed elsewhere. The book presents it not as a settled medical rule but as a contested idea: it collides with the impulse to rescue, the danger of ranking lives by their perceived worth, and the unanswered question of who has authority to decide when treatment should end. The argument’s force—and its peril—becomes clearer when abstract debate meets a hospital crisis in which staff must act amid failing infrastructure and limited means.

Origins and the cost of life-prolonging medicine

In 1984, Colorado governor Richard Lamm criticized expensive, high-technology medicine that could keep some patients alive almost indefinitely, regardless of age or prognosis. At a meeting of the Colorado Health Lawyers Association, he invoked a critique of antiaging research by University of Chicago bioethicist Leon R. Kass and argued that older people had a responsibility to make way for younger generations. The remark that people had a duty to die was reported nationally and provoked a furor.

The controversy had a material background. From the 1960s and 1970s onward, crash carts and intensive-care medicine made hospitals increasingly capable of sustaining life. Medicare covered new technologies regardless of cost, while by the 1980s policymakers worried about the projected growth in medical spending. Lamm’s claim gave public language to a conflict between the business motive in medicine and the difficult decisions raised by end-of-life care. It also made visible the question of whether the capacity to prolong life should itself determine whether treatment is provided.

Horace Baltz’s opposition

At Memorial’s predecessor, Baptist Hospital, physician Horace Baltz had urged colleagues to preserve compassion and to be selective about adopting new technology. He supported establishing an ethics group and took part in discussion of the Clarence Herbert case, in which doctors were tried after withdrawing life support and intravenous fluids from a comatose patient. The charges were dismissed, but the case exposed how contested end-of-life decisions could divide doctors and nurses; Herbert’s family also alleged that doctors had misrepresented his prospects of recovery to secure agreement to withdraw treatment. Baltz’s conclusion was that the means of dying required careful consideration.

Years later, after LifeCare leased the hospital’s seventh floor in 1997 to operate a long-term acute-care hospital, Baltz continued debating colleagues over coffee. Some argued that too many resources were being spent on LifeCare’s typically elderly and infirm patients, and one colleague suggested that such patients should be allowed to die. Baltz rejected the premise that a doctor had the right to choose who lived and who died. He understood the position he opposed as a version of Lamm’s philosophy: a social judgment about resource use becoming a clinical judgment about which patients should receive care.

Why the argument unsettles

The book sets the appeal of rationing against several powerful counterforces. Limiting life-saving treatment can deny the human impulse to rescue a person in extremis; restricting new treatments can also seem to halt the continuing search for ways to extend life. In a culture organized around technological achievement and competition, the prospect of curing cancer—or even defeating death—could appear as both a medical aspiration and a public ambition. The duty-to-die claim therefore challenged more than a particular treatment decision: it challenged expectations about progress, rescue, and what medicine is for.

Its most troubling implication lies in the possibility of assigning lower value to some lives. The recent histories of eugenics and Nazi medical crimes had made Americans wary of the notion that certain lives were not worth living, or that removing some people could improve the health of a larger social body. This history does not settle every question about treatment, but it makes social benefit a dangerous rationale when the people who bear its cost are patients who are old, ill, or unable to speak for themselves.

The argument also emerged as life support advanced faster than the practice of relieving physical and existential suffering. Critically ill patients who could no longer speak for themselves were not always given much say in how much of the new medicine they would want. That gap makes a duty imposed by others ethically different from a patient’s own decision to refuse treatment. The debate consequently turns on more than the distribution of medical resources: it asks how death is defined, and when withholding or withdrawing life-sustaining care can be permissible. The brief period of public attention to those questions faded quickly, but the book shows that the underlying dilemmas did not.

The idea under disaster conditions

At Memorial, the practical crisis was not a policy seminar. When Susan Mulderick told staff that floodwaters were approaching, ICU nurse manager Karen Wynn experienced the command room’s shift from hospital emergency to something like a military operation: the immediate objective was to move quickly before power failed. Nearly two hundred patients needed safety. Mulderick proposed moving the sickest first, including patients dependent on life support or other mechanical aids, newborns, high-risk pregnant patients, dialysis patients, and bone-marrow-transplant patients vulnerable to infection. A unit of the United States National Guard was at the hospital, and Acadian ambulances were on the emergency-room ramp, but the scale of the evacuation exceeded what Memorial’s staff could manage alone.

The helipad later showed how emergency allocation could become a dispute over authority and individual responsibility. Doctors argued with a Coast Guard pilot about how many patients his helicopter could carry; the pilot left to rescue people elsewhere. An Air Force captain who was also a nurse took charge of the flight line, clearing doctors and patients from the helipad and moving them to a wind-protection tunnel so pilots could operate. When a helicopter carrying critically ill babies had a flight plan to a hospital other than the one that had agreed to receive Memorial’s neonates, Richard Deichmann said the babies could go wherever the pilot was headed. The nursing director refused to release them unless the flight plan changed. It did, and a later message confirmed that the babies had arrived in Baton Rouge, including the infant whose oxygen level matched what it had been on high-tech machines.

These scenes do not establish that Memorial’s evacuation choices were simply an enactment of the duty-to-die argument. They do, however, make its central danger concrete: a general calculation about what is most efficient cannot substitute for attention to particular patients, their needs, and the obligations owed to them. The nursing director’s resistance, like Baltz’s insistence that physicians could not decide who deserved to live, marks a limit on treating people as interchangeable units in a resource equation.

Comfort, investigation, and lasting conflict

The later inquiry into medication at Memorial brought another distinction into focus. Asked whether discussions had concerned palliative care that might result in death, Mulderick said her discussions were about comfort, not accelerating dying. She described giving a patient Ativan to relax; however, records seized from the pharmacy showed that Ativan and other ordinary comfort medications had already been prescribed by Anna Pou and other doctors during the disaster. The discrepancy complicated Mulderick’s account of where the idea originated. It also illustrates why comfort care and the intentional hastening of death cannot be treated as interchangeable merely because both arise in the presence of suffering.

The investigation widened beyond the bedside. Michael Morales, a prosecutor in the district attorney’s office, realized how substantial the Memorial case would be after following proceedings that had largely unfolded without his office’s involvement. The fact that tested patients who died after helicopters and boats arrived—including nine patients on LifeCare’s floor, nine in the second-floor lobby, and Merle Lagasse—were positive for the drugs became part of the pattern examined by forensic experts and investigators. Those findings prompted questions and legal conflict; they do not, by themselves, settle every question of intention or establish that all the deaths had the same circumstances.

The human aftermath also resists a clean answer. Gina Isbell continued to have nightmares about her patients and remained angry that help had arrived too slowly, yet she believed that she and her colleagues had done the best they could and said she would serve in another storm. Karen Wynn, preparing for possible grand-jury testimony, found that discussing the events could make her feel as though she were living them again; she recognized signs of lasting trauma in herself and coworkers. Meanwhile, John Thiele later rejected the suggestion that he had regretted his actions at Memorial. During his own later critical illness, he distinguished his condition from those of some of the patients there because he believed his problems were potentially reversible. His account underscores how judgments about prognosis, possibility, and the worth of continued treatment can remain disputed even after the emergency has passed.

The duty-to-die argument thus remains a warning as much as a proposal. Scarcity can make choices unavoidable, but the book distinguishes acknowledging limits from turning a social calculation into permission to rank human lives. Its recurring questions—who decides, whose wishes are heard, and what counts as care when cure is uncertain—remain unresolved precisely because catastrophe makes the consequences of an abstract answer immediate.