Readify

United States

Five Days at Memorial

The United States is more than the geographic setting of the book’s hospital crises: it is the arena in which racial access to medical care, the right to refuse treatment, and the limits of emergency discretion have been contested in law and practice. The narrative places the Katrina-era decisions at Memorial Medical Center alongside earlier court cases and later disaster-planning debates. Together, these episodes show how categories meant to protect patients can be misunderstood or repurposed under pressure, and how a crisis can expose the distance between a rule’s formal meaning and its consequences for people who depend on care.

Racial Access and the Hospital System

The history of Southern Baptist Hospital, which opened in 1926 and later became Memorial Medical Center, illustrates the unequal terms on which care was available in the United States. Jannie Burgess, a light-brown-skinned nurse who had worked in New Orleans hospitals and nursing homes for thirty-five years, could care for patients at many private hospitals but could not receive treatment at them. Born only months after the hospital opened, she waited more than four decades before she could become its patient. Her experience joined professional service to exclusion: the institution could accept her labor while denying her access as a patient.

Southern Baptist Hospital was among the last Southern hospitals to integrate. In the mid-1960s, federal Medicare and other hospital programs made reimbursement unavailable to institutions that discriminated against or segregated patients. The hospital refused to participate, arguing that federal involvement would dictate its operating terms. Some New Orleanians supported that position in letters to its administrator. The episode places hospital segregation within a national conflict over federal authority and civil rights, while also showing how appeals to institutional independence could preserve discriminatory practice.

Patient Choice and the Law

American medical law increasingly recognized a patient’s right to refuse treatment, but that right developed through cases with different facts and limits. In the Karen Ann Quinlan Case, her parents asked doctors to remove her from a ventilator after she suffered brain damage and was not expected to recover. The doctors refused; the New Jersey Supreme Court held that withdrawal could proceed under her constitutional rights to privacy and liberty, exercised by her father. Quinlan breathed on her own and lived for nine more years. The outcome made the case a landmark, while demonstrating that stopping life support did not necessarily bring about the death clinicians had expected.

The Clarence Herbert Case further distinguished withdrawing treatment from actively causing death. A California appeals court allowed a murder case against doctors who had stopped life support and intravenous fluids to be dismissed. It reasoned that treatment a patient or surrogate had legitimately refused could be stopped, and that discontinuing treatment was not equivalent to actively killing the patient. The ruling applied only in part of California, but the concepts gained wide acceptance. In the Nancy Cruzan Case, the United States Supreme Court ruled by five votes to four that the right to liberty included the right to refuse life-sustaining care. It also allowed states to require clear and convincing evidence of a patient’s wishes. After acquaintances testified about Cruzan’s preferences, a judge permitted her feeding tube to be removed; the case contributed to wider use of living wills and advance directives.

These precedents made the distinction between a do-not-resuscitate order and a living will especially consequential during the Memorial evacuation. A DNR order applied to resuscitation if a patient’s breathing or heartbeat stopped; it did not itself mean that the patient was terminal or should be denied rescue. Yet Memorial’s doctors placed DNR patients last in the evacuation order. Richard Deichmann later explained that he believed DNR status meant patients had a certified terminal or irreversible condition and therefore had less to lose if disaster struck. Four ICU patients, including Jannie Burgess, were affected by the decision. When a nurse explained that her mother’s DNR order could be discontinued, one daughter said she had not understood it to mean that her mother would be left behind; she rescinded the order, and the patient was moved toward rescue. The episode shows how a treatment instruction could become, in practice, an evacuation classification far beyond its intended scope.

Euthanasia, Assisted Suicide, and Palliative Care

The book distinguishes refusal of treatment from intentionally ending a patient’s life. In the United States, active euthanasia remained illegal in the period described, and the American Medical Association’s Code of Medical Ethics continued to prohibit it. The national debate instead included whether life support could be withdrawn or treatment withheld when a patient or authorized surrogate refused it. This legal history did not settle the separate question of physician-assisted suicide, in which a doctor prescribes medication that a patient may use to end their life.

Supporters of assisted suicide argued that access to a painless death at a chosen time could ease the fear and loss of control associated with grave progressive illness, including metastatic cancer. Opponents argued that withdrawing unwanted treatment allows nature to take its course, whereas assistance in suicide is intended to shorten life. They also warned that legal acceptance might deepen the sense of worthlessness or abandonment experienced by disabled people and those with terminal illness. The practice became legal in Oregon and was later permitted in Washington and Vermont; Montana’s state supreme court found that it was not legally forbidden there. Many American doctors nevertheless continued to reject it as unethical. Palliative and hospice care offered another response to suffering: treatment, counseling, and support aimed at easing symptoms and keeping patients comfortable rather than curing illness or intentionally ending life.

Katrina and Conflicting Emergency Responses

The Katrina crisis tested the difference between ordinary medical protections and decisions made under extreme scarcity. At Memorial, emergency plans had accumulated without necessarily creating a unified approach. As floodwaters threatened the hospital, nurse manager Karen Wynn saw the command room shift from a hospital emergency toward a military-style operation focused on acting before the power failed. Nearly two hundred patients needed safety, including people dependent on life support, newborns, high-risk pregnant patients, dialysis patients, and vulnerable bone-marrow-transplant recipients. Staff sought ambulances and helicopter assistance, but evacuation decisions and authority over rescue operations remained difficult to coordinate.

The wider New Orleans response was fragmented, and other hospitals provide an important contrast. Charity Hospital flooded, lost power and essential services, had no helipad or corporate overseers, and took until September 2 to transfer its patients—one day later than Memorial. Its two campuses held about twice as many patients as Memorial, with fewer staff relative to the patient population. Despite the severe conditions, doctors said staff continued caring for patients in their rooms until the end, and fewer than ten patients died. Regular lobby meetings brought together staff across roles; workers also held a talent show by flashlight. The comparison does not erase the danger or disorder there, but it shows that hospitals facing similar threats could organize care differently.

Policy After the Crisis

The Memorial case became part of a national debate over whether normal medical standards should change during disasters. At an American Medical Association meeting, Rick Simmons supported proposals to alter standards and to campaign for laws that would shield doctors from liability in disasters unless they acted maliciously—even where care was grossly negligent. He argued that overwhelmed systems would force some patients to go untreated and that doctors needed protection if they were expected to respond. The debate placed professional judgment, patient protections, and legal accountability in direct tension.

New York’s ventilator-allocation planning offered a more formal approach to scarcity. In 2008, its planners published a protocol shaped in part by the arrests of Memorial health professionals and concern that a severe influenza outbreak could again force providers to choose among patients. Exercises involving H5N1 influenza repeatedly produced shortages of ventilators. The plan established procedures for allocating them and contemplated removing patients who did not improve after a trial period, even without family permission; officials also examined whether emergency powers could suspend state protections against withdrawing life support without consent. The proposal made explicit how quickly exceptional public-health measures might acquire legal force.

After the grand jury declined to indict Anna Pou, she helped write Louisiana disaster-immunity bills and argued that providers using alternate standards of care should not fear prosecution for good-faith decisions in extraordinary circumstances. Yet the Institute of Medicine drew a clear boundary in its subsequent guidance: neither law nor ethics supported intentionally hastening death, even in a crisis. The book’s account of the United States therefore ends not with a settled answer to every question of rationing, but with a distinction that policy-makers were urged to preserve: scarcity may require hard choices about allocating care, but it does not authorize intentional killing.