Wanglie - Little Progress in 20 Years?

The Albert Barnes case is very similar to the Helga Wanglie case which was brought to the same Hennepin County, Minnesota court almost exactly twenty years ago in May 1991.  An editorial in yesterday's Minneapolis Star Tribune argues that it is "sadly clear that we are no closer to agreeing on the best answer for the hard question Helga Wanglie's case posed."  

I am not sure that I agree with this.  As I have been trying to demonstrate, the surrogate replacement approach tried (unsuccessfully) in the Wanglie case has proven increasingly successful in futility disputes over the past two decades.

The editorial goes on to praise the hospital for being "courageous and commendable . . . risk[ing] bad publicity to pursue court action they believe will protect their patient."  I agree.  As Norm Fost has colorfully stated, "doctors are more afraid of going to jail than going to hell."  Legal fear typically chills providers.  As the editorial states:  "Not wanting a court fight or bad publicity, many hospitals just continue to treat patients for whom there is no hope of recovery."