Duty-to-die claim
Five Days at MemorialThe Duty-to-die claim holds that some people should relinquish life-sustaining care so that medical resources can be used elsewhere. The book traces the claim from arguments about expensive technology and aging into the emergency decisions at Memorial Medical Center, where a narrow medical instruction became entangled with judgments about whose life was worth saving. Its central tension is between allocating scarce care and converting that necessity into permission to rank lives by presumed value.
Origins in the cost of life-prolonging care
In 1997, LifeCare leased the seventh floor of Memorial’s main building to operate a long-term acute care hospital. Medicare payment changes had encouraged these arrangements across the country. Some Memorial doctors argued over coffee that too many resources were being spent on LifeCare’s typically elderly, infirm patients; one called them “turkeys” and proposed letting them go. Medical staff president Horace Baltz answered, “You have no right to decide who lives and who dies.” His objection was not that resources were unlimited, but that cost and age could not by themselves authorize one person to decide another’s fate.
The argument recalled Colorado governor Richard Lamm’s 1984 criticism of costly high-tech medicine that might keep some patients alive almost indefinitely, whatever their age or prognosis. Lamm’s formulation, “We’ve got a duty to die,” stirred nationwide controversy after a Denver Post reporter publicized it. By then, crash carts and intensive-care medicine had extended hospitals’ ability to sustain life, while Medicare covered new technologies regardless of cost. The public debate exposed a widening conflict between the business motive and medicine’s end-of-life dilemmas.
The ethical stakes of rationing
The claim draws force from genuine pressures: medical spending was rising, and increasingly sophisticated devices could repair or replace failing organs. But the book sets those pressures against powerful reasons to resist assigning different worth to different lives. Limiting rescue conflicts with the impulse to save individuals in extremis; restricting new treatments can look like abandoning the search for cures. The recent history of eugenics and Nazi medicine had made the idea of “lives not worth living” especially dangerous, because judgments about social benefit could be used to justify excluding people deemed burdensome.
There was also an imbalance in what medicine could do. Life support advanced faster than the practice of relieving physical and existential pain, while patients unable to speak for themselves often had little say in how much intervention they would have wanted. The public briefly faced difficult questions: how death should be defined, and when withholding or withdrawing life-sustaining treatment might be permissible. The attention did not last. The book’s account of the debate’s quick retreat underscores how easily an unresolved moral problem can be displaced rather than answered.
When a category becomes a judgment
At Memorial during the flood emergency, the dilemma acquired immediate operational consequences. The hospital’s hastily organized command effort focused on acting before power failed; nearly two hundred patients needed safety, including people dependent on life support and mechanical aids. Doctors nevertheless made an exception to the plan to move the sickest patients first: patients with Do Not Resuscitate orders would be evacuated last. There were four such patients in the intensive care unit, including Helen Breckenridge and Jannie Burgess.
A DNR order meant that a patient whose heartbeat or breathing stopped should not be revived. It was not the same as a living will requesting that life-sustaining procedures be withheld or withdrawn in a terminal, irreversible condition. Yet medical chairman Richard Deichmann later said he believed DNR patients had to have a certified terminal or irreversible condition and therefore had the “least to lose” if disaster struck. The evacuation decision thus translated a limited instruction about resuscitation into a broader judgment about priority and risk. Burgess’s history made that judgment especially resonant: she had spent decades caring for patients in private hospitals that would not treat her because she was Black, and had only been able to become a patient at Memorial after more than four decades of its existence. The book does not equate that history with the DNR decision, but it places the supposedly neutral sorting of patients against a history in which access to care had already been unequally assigned.
Comfort, intention, and the aftermath
Later questioning also exposed how contested the boundary between comfort and hastened death could become. Susan Mulderick said that discussions about medicating patients were intended to provide palliative comfort, not to speed dying. She offered Ativan as an example of a drug that might relax patients. But prescriptions seized during the search showed that Ativan and other ordinary comfort medications had already been prescribed for patients by Anna Pou and other doctors during the disaster. The evidence complicates any simple account in which the medication discussion began with a need to introduce comfort care; it does not, by itself, settle what anyone intended in a particular case.
The crisis’s aftermath shows that these decisions did not end when the hospital was evacuated. Gina Isbell suffered nightmares about her patients and remained angry that help had come too slowly; she also held to the belief that she and her colleagues had done the best they could. Karen Wynn found that preparing to testify could make her feel as if she were reliving the events, sometimes taking weeks to recover her footing. John Thiele, critically ill months later, described frightening, distorted experiences during sedation; a nurse who spoke with him thought he seemed remorseful, but Thiele later denied that account and said he remained confident in what he had done. These different recollections do not resolve the dispute over particular actions. They show instead how questions of duty, intention, and responsibility persisted in the people who had lived through the emergency.
Significance
The Duty-to-die claim is more than an argument about medical budgets: it asks whether scarcity creates an obligation for some patients to disappear from the claim on care. Baltz’s refusal to let colleagues decide who should live stands against Lamm’s call for patients to yield resources, while the DNR-last policy reveals how such reasoning can enter practice without an explicit declaration that a life is less valuable. The book keeps the distinction between triage, refusal of treatment, comfort care, and intentional hastening of death in view, even as disaster conditions blur them. Its account leaves the reader with the consequence of that blur: a label intended to govern one intervention can become a proxy for a much larger judgment about whose life deserves rescue.
