Johnson, Amy M., Peter F. Schnatz, Anita M. Kelsey, and Christine M. Ohannessian. “Do Women Prefer Care from Female or Male Obstetrician-Gynecologists? A Study of Patient Gender Preference.” Journal of the American Osteopathic Association 105 (August 2005): 369–79.
Paul-Emile, Kimani. “Patient Racial Preferences and the Medical Culture of Accommodation.” UCLA Law Review 60 (2012).
Waseem, Muhammad, and Aaron K. Miller. “Patient Requests for a Male or Female Physician.” AMA Journal of Ethics 10, no. 7 (July 2008): 429–33.
Reflection #56
McCabe, Mary S., William A. Wood, and Richard M. Goldberg. “When the Family Requests Withholding the Diagnosis: Who Owns the Truth?” Journal of Oncology Practice 6, no. 2 (March 2010): 94–96.
Oken, Donald. “What to Tell Cancer Patients: A Study of Medical Attitudes.” JAMA 175, no. 13 (1961): 1120–28.
Reflection #57
Appelbaum, P. S., and T. Grisso. “Assessing Patients’ Capacities to Consent to Treatment.” New England Journal of Medicine 319, no. 25 (December 22, 1988): 1635–38.
Fraser, Caroline. “Suffering Children and the Christian Science Church.” Atlantic Monthly, April 1995.
Perry, Candace Lyn, Maria Isabel Lapid, and Jarrett W. Richardson. “Ethical Dilemmas with an Elderly Christian Scientist.” Annals of Long-Term Care 15, no. 3 (March 2007): 29–34.
Reflection #58
Armour, Stephanie. “U.S. Recovers $3.3 Billion in Federal Health-Care Fraud.” Wall Street Journal, March 19, 2015.
Reflection #59
Cohen, Steven B. “The Concentration of Health Care Expenditures and Related Expenses for Costly Medical Conditions, 2012.” Medical Expenditure Panel Survey, October 2014.
Gawande, Atul. “The Hot Spotters: Can We Lower Medical Costs by Giving the Neediest Patients Better Care?” New Yorker, January 24, 2011.
Winslow, Ron. “One Patient, 34 Days in the Hospital, $7,000 Syringes and a $5.2 Million Bill.” Wall Street Journal, August 2, 2001.
Reflection #60
“Allocation of Ventilators in an Influenza Pandemic: Planning Document.” Draft for Public Comment, New York State, March 15, 2007.
Appel, Jacob M. “The Coming Ethical Crisis: Oxygen Rationing.” Huffington Post, July 28, 2009.
Dean, Cornelia. “Guidelines for Epidemics: Who Gets a Ventilator?” New York Times, March 25, 2008.
Reflection #61
Berenson, Alex. “A Cancer Drug Shows Promise, at a Price That Many Can’t Pay.” New York Times, February 15, 2006.
Grewal, David Singh, and Amy Kapczynski. “Let India Make Cheap Drugs.” New York Times, December 11, 2014.
McNeil Jr., Donald G. “Selling Cheap ‘Generic’ Drugs, India’s Copycats Irk Industry.” New York Times, December 1, 2000.
Ornstein, Charles. “New Hepatitis C Drugs Are Costing Medicare Billions.” Washington Post, March 29, 2015.
Ram, Prabhu. “India’s New ‘TRIPs-Compliant’ Patent Regime: Between Drug Patents and the Right to Health.” Chicago-Kent Journal of Intellectual Property 5, no. 2 (2006).
Reflection #62
Coker, Hillary Crosley. “Canadian Sperm Bank Finally Decides Race Mixing Is Okay.” Jezebel, July 29, 2014.
Goff, Keli. “The Real Problem with Sperm Banks.” Daily Beast, October 7, 2014.
Rodriguez, Meredith. “Lawsuit: Wrong Sperm Delivered to Lesbian Couple.” Chicago Tribune, October 1, 2014.
Sheridan, Michael. “World’s Biggest Sperm Bank, Cryos, Tells Redheads: We Don’t Want Your Semen.” Daily News, September 18, 2011.
“Sperm Bank Is For Whites Only—Spokane Effort Reportedly Funded by Tycoon.” Associated Press, August 6, 1996.
Reflection #63
Casey, Liam. “North Bay Hospital to Offer Co-Ed Hospital Rooms.” Star, August 31, 2010.
Miner, John. “Shared Room Sparks Rage Outrage.” London Free Press, June 17, 2010.
Reflection #64
Anderson, Elizabeth. “Nearly Half of Employers ‘Unlikely’ to Hire Overweight Workers.” Telegraph, April 8, 2015.
Cawley, John, and Chad Meyerhoefer. “The Medical Care Costs of Obesity: An Instrumental Variables Approach.” Journal of Health Economics 31, no. 1 (January 2012): 219–230.
Holt, Mytheos. “Texas Hospital Bans Overweight Employees.” Blaze, April 4, 2012.
Koch, Wendy. “Workplaces Ban Not Only Smoking, but Smokers Themselves.” USA Today, January 6, 2102.
Sulzberger, A. G. “Hospitals Shift Smoking Bans to Smoker Ban.” New York Times, February 10, 2011.
Reflection #65
Appel, Jacob M., and Joseph H. Friedman. “Genetic Markers and the Majority’s Right Not to Know.” Movement Disorders 19, no. 1 (January 2004): 113–14.
Howe, Edmund G. “Ethical Issues in Diagnosing and Treating Alzheimer Disease.” Psychiatry 3, no. 5 (May 2006): 43–53.
Nyholt, Dale R., Chang-En Yu, and Peter M. Visscher. “On Jim Watson’s APOE Status: Genetic Information is Hard to Hide.” European Journal of Human Genetics 17, no. 2 (February 2009): 147–49.
Pinker, Steven. “My Genome, My Self.” New York Times Magazine, January 7, 2009.
Reflection #66
Leonhardt, David. “Health Care Rationing Rhetoric Overlooks Reality.” New York Times, June 17, 2009.
Perry, Philip A., and Timothy Hotze. “Oregon’s Experiment with Prioritizing Public Health Care Services.” AMA Journal of Ethics 13, no. 3 (April 2011): 241–47.
Singer, Peter. “Why We Must Ration Health Care.” New York Times, July 15, 2009.
Thurow, Lester Carl. “Learning to Say No.” New England Journal of Medicine 311 (December 13, 1984): 1569–72.
Reflection #67
Appel, Jacob M. “When the Boss Turns Pusher: A Proposal for Employee Protections in the Age of Cosmetic Neurology.” Journal of Medical Ethics 34, no. 8 (2008).
Cadwalladr, Carole. “Students Used to Take Drugs to Get High. Now They Take Them to Get Higher Grades.” Guardian, February 14, 2015.
Chatterjee, Anjan. “Cosmetic Neurology and Cosmetic Surgery: Parallels, Predictions, and Challenges.” Cambridge Quarterly of Healthcare Ethics 16, no. 2 (April 2007): 129–37.
Reflection #68
Appelbaum, Paul S. “Law and Psychiatry: Psychiatric Advance Directives and the Treatment of Committed Patients.” Psychiatric Services 55, no. 7 (July 2004): 751–63.
Hargrave v. Vermont, 340 F. 3d 27 (2nd Cir. 2003).
Swanson, Jeffrey W., S. Van McCrary, Marvin S. Swartz, Eric B. Elbogen, and Richard A. Van Dorn. “Superseding Psychiatric Advance Directives: Ethical and Legal Considerations.” Journal of the American Academy of Psychiatry and the Law 34, no. 3 (September 2006): 385–94.
Zelle, Heather, Kathleen Kemp, and Richard J. Bonnie. “Advance Directives for Mental Health Care: Innovation in Law, Policy, and Practice.” Psychiatric Services 66, no. 1 (January 2015): 7–9.
Reflection #69
Appel, Jacob M. “Health ‘Insurance’: A Criminal Enterprise.” Huffington Post, March 18, 2010.
Beiser, E. N. “The Emperor’s New Scrubs: Thoughts about Health Care Reform.” Rhode Island Medical Journal 77, no. 9 (September 1994): 304–6.
Williams, Geoff. “How Risky Hobbies Can Raise Your Insurance Rates.” US News & World Report, April 16, 2013.
Reflection #70
Engber, Daniel. “Naughty Nursing Homes: Is It Time to Let the Elderly Have More Sex?” Slate, September 27, 2007.
Gray, Eliza. “Why Nursing Homes Need to Have Sex Policies.” Time, April 23, 2015.
Leys, Tony. “Husband Acquitted of Nursing Home Sex-Abuse Charge.” Des Moines Register, April 22, 2015.
Zernike, Kate. “Love in the Time of Dementia.” New York Times, November 18, 2007.
Reflection #71
Appel, Jacob M. “Defining Death: When Physicians and Families Differ.” Journal of Medical Ethics 31, no. 11 (2005): 641–42.
Labbé-DeBose, Theola, David Brown, and Keith L. Alexander. “Jewish Law’s
Meaning of Death Nears Court Fight.” Washington Post, November 7, 2008.
Reflection #72
Holt, Jim. “Euthanasia for Babies?” New York Times Magazine, July 10, 2005.
Verhagen, A. A. E., and P. J. J. Sauer. “End-of-Life Decisions in Newborns: An Approach from the Netherlands.” Pediatrics 116, no. 3 (September 2005): 736–39.
Reflection #73
Saunders, Laura. “Rich Cling to Life to Beat Tax Man.” Wall Street Journal, December 30, 2009.
Reflection #74
Berg, Jessica Wilen. “Grave Secrets: Legal and Ethical Analysis of Postmortem Confidentiality.” Connecticut Law Review 34 (2001): 81.
Bongers, L. M. “Disclosure of Medical Data to Relatives after the Patient’s Death: Recent Legal Developments with Respect to Relatives’ Entitlements in the Netherlands.” European Journal of Health Law 18, no. 3 (May 2011): 255–75.
Choong, Kartina Aisha, Mifsud Bonnici, and Jeanne Pia. “Posthumous Medical Confidentiality: The Public Interest Conundrum.” European Journal of Comparative Law and Governance 1, no. 2 (2014): 106–19.
Reflection #75
Appel, Jacob M. “A Duty to Kill? A Duty to Die? Rethinking the Euthanasia Controversy of 1906.” Bulletin of The History of Medicine 78, no. 3 (Fall 2004): 610–34.
Bailey, Ryan. “The Case of Dr. Anna Pou: Physician Liability in Emergency Situations.” AMA Journal of Ethics 12, no. 9 (September 2010): 726–30.
Drew, Christopher, and Sheila Dewan. “Louisiana Doctor Said to Have Faced Chaos.” New York Times, July 20, 2006.
Fink, Sheri. “The Deadly Choices at Memorial.” New York Times Magazine, August 25, 2009.
Schaffer, Amanda. “The Moral Dilemmas of Doctors during Disaster.” New Yorker, September 12, 2013.
Reflection #76
Lerner, Barron H. “In a Wife’s Request at Her Husband’s Deathbed, Ethics Are an Issue.” New York Times, September 7, 2004.
Myers, Russell. “I’ll Give Birth to My Dead Daughter’s Baby: World First as Mum Uses Frozen Eggs for Own Grandchild.” Mirror, May 8, 2015.
Orr, R. D., and M. Siegler. “Is Posthumous Semen Retrieval Ethically Permissible?” Journal of Medical Ethics 28, no. 5 (October 2002): 299–302.
Reflection #77
Belluck, Pam. “Even as Doctors Say Enough, Families Fight to Prolong Life.” New York Times, March 27, 2005.
Dzielak, Robert J. “Physicians Lose the Tug of War to Pull the Plug: The Debate about Continued Futile Medical Care.” John Marshall Law School Law Review 28, no. 3 (Spring 1995).
Larimer, Sarah. “Midwest Miracle: Woman Woke Up Hours Before She Was Going to Be Taken Off Life Support.” Washington Post, February 2, 2015.
Laytner, Ron. “Mrs Rip Van Winkle’s Love Story Finally Ends.” Jamaica Observer, November 23, 2003.
Reflection #78
Eversley, Melanie. “Tenn. Funeral Home Allegedly Mixes Up Corpses.” USA Today, February 17, 2010.
Fried, Richard G., and Clifford Perlis. “Therapeutic Privilege: If, When, and How to Lie to Patients.” In Dermatoethics: Contemporary Ethics and Professionalism in Dermatology, 33–36. New York: Springer, 2011.
Griffith, Dorsey. “Baby’s Corpse Mistakenly Buried with Twins.” Sacramento Bee, May 24, 2006.
Lynn, Guy. “Exhumation after Wrong Bodies Buried in Hospital Mix-Up.” BBC News, July 4, 2011.
Richard, Claude, Yvette Lajeunesse, and Marie-Thérèse Lussier. “Therapeutic Privilege: Between the Ethics of Lying and the Practice of Truth.” Journal of Medical Ethics 36, no. 6 (June 2010): 353–57.
Reflection #79
Davies, Madlen. “Builder Who Had All Four Limbs Amputated after ‘Flu’ Turned Out to Be a Flesh-Eating Bug Is Finally Able to Walk Again Thanks to Prosthetic Legs.” Daily Mail, April 20, 2015.
Gilmore, Annie. “Sanctity of Life Versus Quality of Life—the Continuing Debate.” Canadian Medical Association Journal 130, no. 2 (January 15, 1984): 180–81.
O’Connor, C. M. “Statutory Surrogate Consent Provisions: A Review and Analysis.” Mental and Physical Disability Law Reporter 20 (1996): 128–38.
Wynn, Shana. “Decisions by Surrogates: An Overview of Surrogate Consent Laws in the United States.” Bifocal 36, no. 1 (September–October 2014): 10–14.
Jacob M. Appel, MD, teaches bioethics at the Icahn School of Medicine at Mount Sinai, where he is Director of Ethics Education in Psychiatry and a member of the Institutional Review Board. He is also an attending psychiatrist in the Mount Sinai Healthcare System. He holds a medical degree from Columbia University’s College of Physicians and Surgeons, a law degree from Harvard Law School, and a master’s in bioethics from the Alden March Bioethics Institute of Albany Medical College. A frequent lecturer, his essays and columns relating to bioethics have appeared in the New York Times, the Chicago Tribune, the San Francisco Chronicle, the Huffington Post, and Education Update. Appel has also published novels and prize-winning short stories. His website is jacobmappel.com.
Published by
Algonquin Books of Chapel Hill
Post Office Box 2225
Chapel Hill, North Carolina 27515-2225
a division of
Workman Publishing
225 Varick Street
New York, New York 10014
© 2019 by Jacob M. Appel. All rights reserved.
Library of Congress Cataloging-in-Publication Data is available: https://lccn.loc.gov/2019007182
eISBN: 9781643750156
The names of the doctors in the hypothetical dilemma portions of this book are drawn from literature, film, television, and even comics. They are all fictional; any resemblance to real medical professionals, living or dead, is entirely coincidental. No connection is intended between the fictional doctors and the material described in the dilemma.
Who Says You're Dead? Page 23